Amend CSHB 322 (senate committee report) by adding the following appropriately numbered SECTIONS and renumbering the subsequent SECTIONS of the bill accordingly:
SECTION ____. Section 411.0728, Government Code, is amended by amending subsections (a), (c), and (d), and adding subsection (b-1) to read as follows:
(a) This section applies only to a person:
(1) who [on conviction for an offense under Section 43.02, Penal Code,] is placed on community supervision under Chapter 42A [Article 42.12], Code of Criminal Procedure, after conviction for an offense under:
(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);
(D) Section 43.02, Penal Code; or
(E) Section 43.03(a)(2), Penal Code, if the offense is punishable as a Class A misdemeanor;[,] and
(2) with respect to whom the conviction is subsequently set aside by the court under Article 42A.701, Code of Criminal Procedure [Section 20(a) of that article].
(b-1) A petition under subsection (b) must assert that the person seeking an order of nondisclosure under this section has not previously received an order of nondisclosure under this section.
(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 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 to the public criminal history record information related to the offense for which the defendant was placed on community supervision as described by Subsection (a) [under Section 43.02, Penal Code, giving rise to the community supervision].
(d) A person may petition the court that placed the person on community supervision for an order of nondisclosure of criminal history record information under this section only after the person's conviction [under Section 43.02, Penal Code,] is set aside as described by Subsection (a).
SECTION ____. The change in law made by this Act applies to a person whose conviction for an offense is set aside under Article 42A.701, Code of Criminal Procedure, on or after the effective date of this Act, regardless of when the person committed the offense for which the person was convicted.