Bill Text: TX HB3027 | 2019-2020 | 86th Legislature | Introduced
Bill Title: Relating to orders of nondisclosure for certain victims of trafficking of persons or compelling prostitution.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2019-04-29 - Withdrawn from schedule [HB3027 Detail]
Download: Texas-2019-HB3027-Introduced.html
86R11017 LHC-D | ||
By: Ramos | H.B. No. 3027 |
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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. 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: | ||
(1) who is convicted of or placed on deferred | ||
adjudication community supervision [ |
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(A) Section 481.120, Health and Safety Code, if | ||
the offense is punishable under Subsection (b)(1); | ||
(B) Section 481.121, Health and Safety Code, if | ||
the offense is punishable under Subsection (b)(1); | ||
(C) Section 31.03, Penal Code, if the offense is | ||
punishable under Subsection (e)(1) or (2); or | ||
(D) Section 43.02, Penal Code; [ |
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(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 [ |
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(b) Notwithstanding any other provision of this subchapter | ||
or Subchapter F, a person described by Subsection (a) [ |
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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 | ||
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(b-1) A petition under Subsection (b) must: | ||
(1) be in writing; | ||
(2) assert that the person seeking an order of | ||
nondisclosure under this section has not previously received an | ||
order of nondisclosure under this section; and | ||
(3) allege specific facts that, if proved, would | ||
establish that the petitioner committed the offense described by | ||
Subsection (a)(1) solely as a victim of an offense under Section | ||
20A.02, 20A.03, or 43.05, Penal Code. | ||
(b-2) A person convicted of or placed on deferred | ||
adjudication community supervision for more than one offense | ||
described by Subsection (a)(1) that the person committed solely as | ||
a victim of an offense under Section 20A.02, 20A.03, or 43.05, Penal | ||
Code, may request consolidation of the person's petitions for an | ||
order of nondisclosure of criminal history record information in | ||
the court of the person's most recent conviction or placement on | ||
deferred adjudication community supervision. On receipt of a | ||
request for consolidation, the court shall consolidate the | ||
petitions and exercise jurisdiction over the petitions, regardless | ||
of the county in which the offenses described by Subsection (a)(1) | ||
occurred. | ||
(b-3) On the filing of the petition under Subsection (b), | ||
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) 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)(1) solely as a victim of an offense | ||
under Section 20A.02, 20A.03, or 43.05, Penal Code, [ |
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justice, the court shall issue an order prohibiting criminal | ||
justice agencies from disclosing [ |
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record information related to the offense except as provided by | ||
Section 411.0765 [ |
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(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 first | ||
anniversary of 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 [ |
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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. Article 56.021, Code of Criminal Procedure, is | ||
amended by adding Subsection (e) to read as follows: | ||
(e) A victim of an offense under Section 20A.02, 20A.03, or | ||
43.05, Penal Code, is entitled to the right to be informed that the | ||
victim may petition for an order of nondisclosure of criminal | ||
history record information under Section 411.0728, Government | ||
Code, if the victim: | ||
(1) has been convicted of or placed on deferred | ||
adjudication community supervision for an offense described by | ||
Subsection (a)(1) of that section; and | ||
(2) committed that offense solely as a victim of an | ||
offense under Section 20A.02, 20A.03, or 43.05, Penal Code. | ||
SECTION 4. Subchapter C, Chapter 72, Government Code, is | ||
amended by adding Section 72.033 to read as follows: | ||
Sec. 72.033. FORM FOR ORDER OF NONDISCLOSURE FOR CERTAIN | ||
VICTIMS OF TRAFFICKING OF PERSONS OR COMPELLING PROSTITUTION. The | ||
office, in consultation with the office of the attorney general, | ||
shall develop and make available an online form for use by a person | ||
in filing a petition for an order of nondisclosure of criminal | ||
history record information under Section 411.0728. | ||
SECTION 5. Section 126.004, Government Code, is amended by | ||
adding Subsection (d) to read as follows: | ||
(d) A program established under this chapter shall provide | ||
each program participant with information related to an order of | ||
nondisclosure of criminal history record information under Section | ||
411.0728. | ||
SECTION 6. Not later than December 1, 2019, the Office of | ||
Court Administration of the Texas Judicial System, in consultation | ||
with the office of the attorney general, shall develop and make | ||
available the online form required by Section 72.033, Government | ||
Code, as added by this Act. | ||
SECTION 7. This Act takes effect September 1, 2019. |