89R3062 LHC-D
By: Thompson H.B. No. 539
A BILL TO BE ENTITLED
AN ACT
relating to orders of nondisclosure for certain victims of
trafficking of persons or compelling prostitution.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 411.0728(a) and (b), Government Code,
are amended to read as follows:
(a) This section applies only to a person:
(1) who is convicted of or placed on deferred
adjudication community supervision for an offense under:
(A) Section 481.115, Health and Safety Code;
(B) Section 481.1151, Health and Safety Code;
(C) Section 481.116, Health and Safety Code;
(D) Section 481.1161, Health and Safety Code;
(E) Section 481.117, Health and Safety Code;
(F) Section 481.118, Health and Safety Code;
(G) Section 481.119(b), Health and Safety Code;
(H) Section 481.120, Health and Safety Code[, if
the offense is punishable under Subsection (b)(1)];
(I) [(B)] Section 481.121, Health and Safety
Code[, if the offense is punishable under Subsection (b)(1)];
(J) [(C)] Section 31.03, Penal Code[, if the
offense is punishable under Subsection (e)(1) or (2)];
(K) Section 31.16, Penal Code;
(L) Section 31.17, Penal Code; or
(M) [(D)] Section 43.02, Penal Code; and
(2) who, if requested by the applicable law
enforcement agency or prosecuting attorney to provide assistance in
the investigation or prosecution of an offense under Section
20A.02, 20A.03, or 43.05, Penal Code, or a federal offense
containing elements that are substantially similar to the elements
of an offense under any of those sections:
(A) provided assistance in the investigation or
prosecution of the offense; or
(B) did not provide assistance in the
investigation or prosecution of the offense due to the person's age
or a physical or mental disability resulting from being a victim of
an offense described by this subdivision.
(b) Notwithstanding any other provision of this subchapter
or Subchapter F, a person described by Subsection (a) who is not
ineligible for an order of nondisclosure under Section
411.074(b)(1)(A), (B), or (C) [satisfies the requirements of
Section 411.074(b)] may petition the court that convicted the
person or placed the person on deferred adjudication community
supervision for an order of nondisclosure of criminal history
record information under this section on the grounds that the
person committed the offense solely as a victim of an offense under
Section 20A.02, 20A.03, or 43.05, Penal Code.
SECTION 2. This Act takes effect September 1, 2025.