Bill Text: TX HB269 | 2017-2018 | 85th Legislature | Comm Sub
Bill Title: Relating to judicial proceedings on a petition to set aside a conviction or an order of expunction of criminal history record information for certain victims of trafficking of persons or compelling prostitution who are convicted of prostitution.
Sponsorship: Slight Partisan Bill (Democrat 2-1)
Status: (Engrossed - Dead) 2017-04-24 - Referred to Criminal Justice [HB269 Detail]
Download: Texas-2017-HB269-Comm_Sub.html
| 85R90 LHC-F | ||
| By: Thompson of Harris, Meyer, | H.B. No. 269 | |
| Johnson of Dallas | ||
|
|
||
|
|
||
| relating to judicial proceedings on a petition to set aside a | ||
| conviction or an order of expunction of criminal history record | ||
| information for certain victims of trafficking of persons or | ||
| compelling prostitution who are convicted of prostitution. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Chapter 42, Code of Criminal Procedure, is | ||
| amended by adding Article 42.13 to read as follows: | ||
| Art. 42.13. SETTING ASIDE CONVICTION FOR VICTIMS OF | ||
| TRAFFICKING OF PERSONS OR COMPELLING PROSTITUTION. (a) A court in | ||
| which a defendant has been convicted of an offense under Section | ||
| 43.02, Penal Code, may, if the court retains jurisdiction in the | ||
| case, hear a petition from the defendant to set aside the order of | ||
| conviction. The petition must allege specific facts that, if | ||
| proved, would establish that the petitioner engaged in prostitution | ||
| solely as a victim of an offense under Section 20A.02, 20A.03, or | ||
| 43.05, Penal Code. The petitioner may submit with the petition a | ||
| document of a federal, state, local, or tribal governmental agency | ||
| indicating that the petitioner engaged in prostitution solely as a | ||
| victim of trafficking of persons or compelling prostitution, as | ||
| applicable. | ||
| (b) On the filing of the petition under Subsection (a), the | ||
| clerk of the court shall promptly serve a copy of the petition and | ||
| any supporting document on the appropriate office of the attorney | ||
| representing the state. Any response to the petition by the | ||
| attorney representing the state must be filed not later than the | ||
| 20th business day after the date of service under this subsection. | ||
| (c) If in considering the petition, any supporting | ||
| document, and any response of the attorney representing the state | ||
| the court finds that there are reasonable grounds to believe the | ||
| facts alleged in the petition or if the petitioner submits a | ||
| document of a governmental agency described by Subsection (a), the | ||
| court shall order a hearing on the petition. The court shall dismiss | ||
| the petition and shall promptly notify the petitioner of the | ||
| court's decision if the court finds that there are not any | ||
| reasonable grounds to believe the alleged facts exist or if the | ||
| petitioner has filed a previous petition under this article based | ||
| solely on the same evidence. The court may not dismiss the petition | ||
| if the petitioner submits a document of a governmental agency | ||
| described by Subsection (a). | ||
| (d) After the court orders a hearing under this article, the | ||
| court, as the court considers necessary to ensure a fair hearing on | ||
| the petition, may order any discovery from the attorney | ||
| representing the state or from the petitioner. An order of | ||
| discovery may include any order for probative evidence relevant to | ||
| proving or disproving the petitioner's claim of having engaged in | ||
| the conduct for which the person was convicted under Section 43.02, | ||
| Penal Code, solely as a victim of an offense under Section 20A.02, | ||
| 20A.03, or 43.05, Penal Code. A document of a governmental agency | ||
| described by Subsection (a) creates a presumption that the | ||
| petitioner's claim is true. | ||
| (e) If after the court orders a hearing under this article | ||
| the court finds that, based on the sworn statements of the | ||
| petitioner or based on submitted evidence or affidavits, the | ||
| petitioner is not represented by an attorney and is indigent, the | ||
| court shall appoint an attorney to represent the petitioner at the | ||
| hearing and, if appropriate, before the court of appeals and the | ||
| court of criminal appeals. | ||
| (f) At the conclusion of the hearing, the court shall make a | ||
| finding as to whether the petitioner's claim of having engaged in | ||
| prostitution solely as a victim of trafficking of persons or | ||
| compelling prostitution is true. | ||
| (g) The court may set aside the order of conviction for the | ||
| offense under Section 43.02, Penal Code, if the court finds that the | ||
| petitioner engaged in prostitution solely as a victim of | ||
| trafficking of persons or compelling prostitution and that | ||
| set-aside is in the best interest of justice. | ||
| (h) The court reporter shall record a hearing under this | ||
| article. If the court makes a finding that the petitioner engaged in | ||
| prostitution solely as a victim of trafficking of persons or | ||
| compelling prostitution, and if the petitioner is indigent, the | ||
| court reporter shall transcribe the hearing, including the finding, | ||
| at the county's expense. The entire record must be included with an | ||
| application for appeal filed as described by this article. | ||
| (i) The petitioner and the attorney representing the state | ||
| may appeal the findings of the court in the same manner as an appeal | ||
| of a conviction in a criminal case. | ||
| (j) A petition for a finding that the petitioner engaged in | ||
| prostitution solely as a victim of trafficking of persons or | ||
| compelling prostitution filed under this article and a proceeding | ||
| conducted under this article do not constitute an application for a | ||
| writ of habeas corpus or a proceeding based on an application for a | ||
| writ of habeas corpus. A restriction on filing a subsequent | ||
| application for a writ of habeas corpus imposed by Article 11.07 | ||
| does not apply to a petition or proceeding under this article. | ||
| (k) This article is not intended to preclude a petitioner | ||
| from receiving a reduction or termination of community supervision | ||
| and a set-aside of verdict under Article 42A.701 if the petitioner | ||
| is otherwise qualified to receive a dismissal under that article. | ||
| (l) For purposes of this article, the jurisdiction of a | ||
| court in which a defendant has been convicted of an offense under | ||
| Section 43.02, Penal Code, continues for a period of five years | ||
| beginning on the date the conviction is entered. | ||
| SECTION 2. Article 42A.105, Code of Criminal Procedure, is | ||
| amended by adding Subsection (g) to read as follows: | ||
| (g) If a judge dismisses proceedings against a defendant | ||
| charged with an offense under Section 43.02, Penal Code, and | ||
| discharges the defendant, the judge may make an affirmative finding | ||
| of fact and file a statement of that affirmative finding with the | ||
| papers in the case if the judge determines that the defendant | ||
| engaged in the applicable conduct solely as a victim of an offense | ||
| under Section 20A.02, 20A.03, or 43.05, Penal Code. | ||
| SECTION 3. Article 55.01, Code of Criminal Procedure, is | ||
| amended by adding Subsection (a-3) to read as follows: | ||
| (a-3) A person who has been placed under a custodial or | ||
| noncustodial arrest for commission of an offense under Section | ||
| 43.02, Penal Code, is entitled to have all records and files | ||
| relating to the arrest expunged in the same manner provided for a | ||
| person described by Subsection (a), if a court determines under | ||
| Article 42.13(f) that the person engaged in prostitution solely as | ||
| a victim of trafficking of persons or compelling prostitution. If | ||
| the attorney representing the state establishes a need for law | ||
| enforcement agencies, for the purpose of investigating trafficking | ||
| of persons or compelling prostitution offenses, to have access to | ||
| evidence contained in the arrest records or files of a person | ||
| entitled to an expunction under this subsection, at the request of | ||
| the attorney representing the state, the court may provide in its | ||
| expunction order that a law enforcement agency may retain those | ||
| records and files, provided that the person's personal information | ||
| has been redacted from those records and files. | ||
| SECTION 4. (a) Article 42.13, Code of Criminal Procedure, | ||
| as added by this Act, applies to a petition to set aside a | ||
| conviction that is filed on or after the effective date of this Act, | ||
| regardless of whether the offense that is the subject of the | ||
| petition occurred before, on, or after the effective date of this | ||
| Act. | ||
| (b) Article 42A.105(g), Code of Criminal Procedure, as | ||
| added by this Act, applies to a discharge and dismissal that occurs | ||
| on or after the effective date of this Act, regardless of whether | ||
| the offense for which the defendant was placed on deferred | ||
| adjudication community supervision occurred before, on, or after | ||
| the effective date of this Act. | ||
| (c) Article 55.01(a-3), Code of Criminal Procedure, as | ||
| added by this Act, applies to a petition for expunction filed on or | ||
| after the effective date of this Act, regardless of whether the | ||
| offense that is the subject of the petition occurred before, on, or | ||
| after the effective date of this Act. | ||
| SECTION 5. This Act takes effect September 1, 2017. | ||
