Bill Text: TX SB1012 | 2023-2024 | 88th Legislature | Introduced
Bill Title: Relating to the eligibility of certain victims of trafficking of persons or compelling prostitution for an order of nondisclosure of criminal history record information.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2023-03-03 - Referred to Criminal Justice [SB1012 Detail]
Download: Texas-2023-SB1012-Introduced.html
88R7090 JRR-D | ||
By: Parker | S.B. No. 1012 |
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relating to the eligibility of certain victims of trafficking of | ||
persons or compelling prostitution for an order of nondisclosure of | ||
criminal history record information. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Sections 411.0728(a), (b), (b-1), (b-3), (c), | ||
and (c-1), 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: | ||
(A) a misdemeanor [ |
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(i) Subchapter D, Chapter 481 [ |
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(ii) [ |
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[ |
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(B) an offense under [ |
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49.02, 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 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 [ |
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connection with being a victim of, an offense under Section 20A.02, | ||
20A.03, or 43.05, Penal Code. | ||
(b-1) A petition under Subsection (b) must: | ||
(1) be in writing; | ||
(2) allege specific facts that, if proved, would | ||
establish that the petitioner committed the offense described by | ||
Subsection (a)(1) [ |
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being a victim of, an offense under Section 20A.02, 20A.03, or | ||
43.05, Penal Code; and | ||
(3) assert that if the person has previously submitted | ||
a petition for an order of nondisclosure under this section, the | ||
person has not committed an offense described by Subsection (a)(1) | ||
on or after the date on which the person's first petition under this | ||
section was submitted. | ||
(b-3) 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 [ |
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as a victim of, or in connection with being a victim of, an offense | ||
under Section 20A.02, 20A.03, or 43.05, Penal Code, may file a | ||
petition for an order of nondisclosure of criminal history record | ||
information under this section with respect to each offense, and | ||
may request consolidation of those petitions, in a district court | ||
in the county where the person was most recently convicted or placed | ||
on deferred adjudication community supervision as described by this | ||
subsection. 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. For each offense that is the subject | ||
of a consolidated petition and that occurred in a county other than | ||
the county in which the court consolidating the petitions is | ||
located, the clerk of the court, in addition to the clerk's duties | ||
under Subsection (b-2), shall promptly serve a copy of the | ||
consolidated petition and any supporting document related to the | ||
applicable offense on the appropriate office of the attorney | ||
representing the state on behalf of the other county. Each attorney | ||
representing the state who receives a copy of a consolidated | ||
petition under this subsection may file a response to the petition | ||
in accordance with Subsection (b-2). | ||
(c) After notice to the state and an opportunity for a | ||
hearing, the court having jurisdiction over the petition shall | ||
issue an order prohibiting criminal justice agencies from | ||
disclosing to the public criminal history record information | ||
related to the offense if the court determines that: | ||
(1) the person committed the offense described by | ||
Subsection (a)(1) [ |
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being a victim of, an offense under Section 20A.02, 20A.03, or | ||
43.05, Penal Code; | ||
(2) if applicable, the person did not commit another | ||
offense described by Subsection (a)(1) on or after the date on which | ||
the person's first petition for an order of nondisclosure under | ||
this section was submitted; and | ||
(3) issuance of the order is in the best interest of | ||
justice. | ||
(c-1) In determining whether a person committed an offense | ||
described by Subsection (a)(1) [ |
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connection with being a victim of, an offense under Section 20A.02, | ||
20A.03, or 43.05, Penal Code, the court may consider any order of | ||
nondisclosure previously granted to the person under this section. | ||
SECTION 2. Article 56A.052(e), Code of Criminal Procedure, | ||
is amended to read as follows: | ||
(e) A victim of an offense under Section 20A.02, 20A.03, or | ||
43.05, Penal Code, is entitled 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 [ |
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in connection with being a victim of, an offense under Section | ||
20A.02, 20A.03, or 43.05, Penal Code. | ||
SECTION 3. This Act takes effect September 1, 2023. |