BILL ANALYSIS

S.B. 1504

By: Taylor, Van

Criminal Jurisprudence

Committee Report (Unamended)

BACKGROUND AND PURPOSE

Interested parties contend that victims of human trafficking who accrue prostitution, theft, and drug possession convictions as a direct result of their trafficking victim status often continue to be treated as criminals after they have escaped the human trafficking environment. The parties note that these convictions often stand in the way of obtaining a stable living environment, maintaining employment in desirable fields, obtaining certain professional licenses, pursuing a higher education, and several other pursuits. S.B. 1504 seeks to remedy this situation by extending to these victims the authorization to petition a court for an order of nondisclosure of criminal history record information.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

S.B. 1504 amends the Government Code to extend the authorization to petition a court for an order of nondisclosure of criminal history record information on the grounds that a person committed an offense solely as a victim of trafficking of persons to a person who is placed on community supervision after conviction for one of the following offenses and with respect to whom the conviction is subsequently set aside by the court: delivery of marihuana or possession of marihuana punishable as a Class B misdemeanor; criminal trespass; a theft offense punishable as a Class B or Class C misdemeanor; and promotion of prostitution in which the actor, acting other than as a prostitute receiving compensation for personally rendered prostitution services, knowingly solicits another to engage in sexual conduct with another person for compensation, punishable as a Class A misdemeanor.

EFFECTIVE DATE

September 1, 2017.