Bill Text: TX HB2906 | 2019-2020 | 86th Legislature | Comm Sub

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Bill Title: Relating to orders of nondisclosure for certain victims of trafficking of persons.

Sponsorship: Slight Partisan Bill (Republican 4-2)

Status: (Introduced - Dead) 2019-05-01 - Committee report sent to Calendars [HB2906 Detail]

Download: Texas-2019-HB2906-Comm_Sub.html

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86R4919 LHC-D
By: Parker, Meyer, Leach, Shaheen, H.B. No. 2906
Thompson of Harris, et al.

A BILL TO BE ENTITLED
AN ACT
relating to orders of nondisclosure for certain victims of
trafficking of persons.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 411.0728, Government Code, is amended to
read as follows:
Sec. 411.0728. PROCEDURE FOR CERTAIN VICTIMS OF TRAFFICKING
OF PERSONS. (a) This section applies only to a person who is
convicted of or[:
[(1) who is] placed on deferred adjudication community
supervision [under Chapter 42A, Code of Criminal Procedure, after
conviction] for an offense under:
(1) [(A)] Section 481.120, Health and Safety Code, if
the offense is punishable under Subsection (b)(1);
(2) [(B)] Section 481.121, Health and Safety Code, if
the offense is punishable under Subsection (b)(1);
(3) Section 30.05, Penal Code;
(4) [(C)] Section 31.03, Penal Code, if the offense is
punishable under Subsection (e)(1) or (2);
(5) [(D)] Section 43.02, Penal Code; or
(6) [(E)] Section 43.03(a)(2), Penal Code, if the
offense is punishable as a state jail felony or as any lower
category of offense [Class A misdemeanor; and
[(2) with respect to whom the conviction is
subsequently set aside by the court under Article 42A.701, Code of
Criminal Procedure].
(b) Notwithstanding any other provision of this subchapter
or Subchapter F, a person described by Subsection (a) who satisfies
the requirements of Section 411.074 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 trafficking
of persons.
(b-1) A petition under Subsection (b) must:
(1) assert that the person seeking an order of
nondisclosure under this section has not previously received an
order of nondisclosure under this section; and
(2) allege specific facts that, if proved, would
establish that the petitioner committed the offense described by
Subsection (a) solely as a victim of trafficking of persons.
(c) After notice to the state, an opportunity for a hearing,
a determination by the court that the person has not previously
received an order of nondisclosure under this section, and a
determination by the court that the person committed the offense
described by Subsection (a) solely as a victim of trafficking of
persons and that issuance of the order is in the best interest of
justice, the court shall issue an order prohibiting criminal
justice agencies from disclosing [to the public] criminal history
record information related to the offense except as provided by
Section 411.0765(a) [for which the defendant was placed on
community supervision as described by Subsection (a)].
(d) A person 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 only on or after the 90th day
after the date the person:
(1) completed the sentence, including any term of
confinement imposed and payment of all fines, costs, and
restitution imposed; or
(2) received a dismissal and discharge under Article
42A.111, Code of Criminal Procedure, if the person was placed on
deferred adjudication community supervision [person's conviction
is set aside as described by Subsection (a)].
SECTION 2. Section 411.0765, Government Code, is amended by
adding Subsection (c) to read as follows:
(c) Notwithstanding any other provision of this section, a
criminal justice agency may not disclose criminal history record
information that is the subject of an order of nondisclosure of
criminal history record information under Section 411.0728 for
regulatory licensing purposes or to an agency or entity listed in
Subsection (b).
SECTION 3. This Act takes effect September 1, 2019.