Bill Text: TX HB2906 | 2019-2020 | 86th Legislature | Comm Sub
Bill Title: Relating to orders of nondisclosure for certain victims of trafficking of persons.
Spectrum: 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
86R4919 LHC-D | ||
By: Parker, Meyer, Leach, Shaheen, | H.B. No. 2906 | |
Thompson of Harris, et al. |
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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[ |
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supervision [ |
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(1) [ |
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the offense is punishable under Subsection (b)(1); | ||
(2) [ |
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the offense is punishable under Subsection (b)(1); | ||
(3) Section 30.05, Penal Code; | ||
(4) [ |
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punishable under Subsection (e)(1) or (2); | ||
(5) [ |
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(6) [ |
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offense is punishable as a state jail felony or as any lower | ||
category of offense [ |
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(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 [ |
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record information related to the offense except as provided by | ||
Section 411.0765(a) [ |
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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 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 [ |
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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. This Act takes effect September 1, 2019. |