Honorable Abel Herrero, Chair, House Committee on Criminal Jurisprudence
FROM:
Ursula Parks, Director, Legislative Budget Board
IN RE:
HB3500 by Thompson, Senfronia (Relating to judicial proceedings on a petition to set aside a conviction or an order of expunction of criminal history record information for certain victims of trafficking of persons or compelling prostitution who are convicted of prostitution.), Committee Report 1st House, Substituted
No significant fiscal implication to the State is anticipated.
The bill would amend the Code of Criminal Procedure to provide procedures for persons convicted of prostitution to have their conviction set aside and expunged if a court finds that the petitioner engaged in prostitution solely as a victim of trafficking of persons or compelling prostitution and that set-aside is in the best interest of justice. The bill would also authorize the court to allow law enforcement agencies to retain expunged arrest records or files if the State can establish a need to have access to evidence contained in those records or files for the purposes of investigating trafficking of persons or compelling prostitution offenses, however the person's personal information would have to be redacted from the records and files. Based on the analysis of the Office of Court Administration, duties and responsibilities associated with implementing the provisions of the bill could be accomplished by utilizing existing resources.
Local Government Impact
No significant fiscal implication to units of local government is anticipated.
Source Agencies:
212 Office of Court Administration, Texas Judicial Council