Bill Text: TX SB1801 | 2019-2020 | 86th Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to orders of nondisclosure for certain victims of trafficking of persons or compelling prostitution.
Spectrum: Slight Partisan Bill (Republican 2-1)
Status: (Passed) 2019-06-07 - Effective on 9/1/19 [SB1801 Detail]
Download: Texas-2019-SB1801-Introduced.html
Bill Title: Relating to orders of nondisclosure for certain victims of trafficking of persons or compelling prostitution.
Spectrum: Slight Partisan Bill (Republican 2-1)
Status: (Passed) 2019-06-07 - Effective on 9/1/19 [SB1801 Detail]
Download: Texas-2019-SB1801-Introduced.html
86R10436 LHC-D | ||
By: Huffman | S.B. No. 1801 |
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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 OR COMPELLING PROSTITUTION. (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) who satisfies | ||
the requirements of Section 411.074(b) [ |
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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) 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; and | ||
(3) assert that if the person has previously submitted | ||
a petition for [ |
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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 [ |
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section was submitted. | ||
(b-2) 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. | ||
(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 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 a | ||
district court in the county where the person was most recently | ||
convicted or placed 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-4) A district court that consolidates petitions under | ||
Subsection (b-3) shall allow an attorney representing the state who | ||
receives a petition involving an offense that was committed outside | ||
the county in which the court is located to appear at any hearing | ||
regarding the consolidated petition by telephone or video | ||
conference call. | ||
(c) After notice to the state and [ |
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hearing, [ |
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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) solely as 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 [ |
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(c-1) In determining whether a person committed an offense | ||
described by Subsection (a)(1) solely as 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. | ||
(d) A person may petition the applicable court [ |
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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. 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 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 3. 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 the right to | ||
petition for an order of nondisclosure of criminal history record | ||
information under Section 411.0728. | ||
SECTION 4. This Act takes effect September 1, 2019. |