85R90 LHC-F
 
  By: Thompson of Harris, Meyer, H.B. No. 269
      Johnson of Dallas
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  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.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 42, Code of Criminal Procedure, is
  amended by adding Article 42.13 to read as follows:
         Art. 42.13.  SETTING ASIDE CONVICTION FOR VICTIMS OF
  TRAFFICKING OF PERSONS OR COMPELLING PROSTITUTION. (a)  A court in
  which a defendant has been convicted of an offense under Section
  43.02, Penal Code, may, if the court retains jurisdiction in the
  case, hear a petition from the defendant to set aside the order of
  conviction. The petition must allege specific facts that, if
  proved, would establish that the petitioner engaged in prostitution
  solely as a victim of an offense under Section 20A.02, 20A.03, or
  43.05, Penal Code. The petitioner may submit with the petition a
  document of a federal, state, local, or tribal governmental agency
  indicating that the petitioner engaged in prostitution solely as a
  victim of trafficking of persons or compelling prostitution, as
  applicable.
         (b)  On the filing of the petition under Subsection (a), 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.
         (c)  If in considering the petition, any supporting
  document, and any response of the attorney representing the state
  the court finds that there are reasonable grounds to believe the
  facts alleged in the petition or if the petitioner submits a
  document of a governmental agency described by Subsection (a), the
  court shall order a hearing on the petition. The court shall dismiss
  the petition and shall promptly notify the petitioner of the
  court's decision if the court finds that there are not any
  reasonable grounds to believe the alleged facts exist or if the
  petitioner has filed a previous petition under this article based
  solely on the same evidence. The court may not dismiss the petition
  if the petitioner submits a document of a governmental agency
  described by Subsection (a).
         (d)  After the court orders a hearing under this article, the
  court, as the court considers necessary to ensure a fair hearing on
  the petition, may order any discovery from the attorney
  representing the state or from the petitioner. An order of
  discovery may include any order for probative evidence relevant to
  proving or disproving the petitioner's claim of having engaged in
  the conduct for which the person was convicted under Section 43.02,
  Penal Code, solely as a victim of an offense under Section 20A.02,
  20A.03, or 43.05, Penal Code. A document of a governmental agency
  described by Subsection (a) creates a presumption that the
  petitioner's claim is true.
         (e)  If after the court orders a hearing under this article
  the court finds that, based on the sworn statements of the
  petitioner or based on submitted evidence or affidavits, the
  petitioner is not represented by an attorney and is indigent, the
  court shall appoint an attorney to represent the petitioner at the
  hearing and, if appropriate, before the court of appeals and the
  court of criminal appeals.
         (f)  At the conclusion of the hearing, the court shall make a
  finding as to whether the petitioner's claim of having engaged in
  prostitution solely as a victim of trafficking of persons or
  compelling prostitution is true.
         (g)  The court may set aside the order of conviction for the
  offense under Section 43.02, Penal Code, if the 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.
         (h)  The court reporter shall record a hearing under this
  article. If the court makes a finding that the petitioner engaged in
  prostitution solely as a victim of trafficking of persons or
  compelling prostitution, and if the petitioner is indigent, the
  court reporter shall transcribe the hearing, including the finding,
  at the county's expense. The entire record must be included with an
  application for appeal filed as described by this article.
         (i)  The petitioner and the attorney representing the state
  may appeal the findings of the court in the same manner as an appeal
  of a conviction in a criminal case.
         (j)  A petition for a finding that the petitioner engaged in
  prostitution solely as a victim of trafficking of persons or
  compelling prostitution filed under this article and a proceeding
  conducted under this article do not constitute an application for a
  writ of habeas corpus or a proceeding based on an application for a
  writ of habeas corpus. A restriction on filing a subsequent
  application for a writ of habeas corpus imposed by Article 11.07
  does not apply to a petition or proceeding under this article.
         (k)  This article is not intended to preclude a petitioner
  from receiving a reduction or termination of community supervision
  and a set-aside of verdict under Article 42A.701 if the petitioner
  is otherwise qualified to receive a dismissal under that article.
         (l)  For purposes of this article, the jurisdiction of a
  court in which a defendant has been convicted of an offense under
  Section 43.02, Penal Code, continues for a period of five years
  beginning on the date the conviction is entered.
         SECTION 2.  Article 42A.105, Code of Criminal Procedure, is
  amended by adding Subsection (g) to read as follows:
         (g)  If a judge dismisses proceedings against a defendant
  charged with an offense under Section 43.02, Penal Code, and
  discharges the defendant, the judge may make an affirmative finding
  of fact and file a statement of that affirmative finding with the
  papers in the case if the judge determines that the defendant
  engaged in the applicable conduct solely as a victim of an offense
  under Section 20A.02, 20A.03, or 43.05, Penal Code.
         SECTION 3.  Article 55.01, Code of Criminal Procedure, is
  amended by adding Subsection (a-3) to read as follows:
         (a-3)  A person who has been placed under a custodial or
  noncustodial arrest for commission of an offense under Section
  43.02, Penal Code, is entitled to have all records and files
  relating to the arrest expunged in the same manner provided for a
  person described by Subsection (a), if a court determines under
  Article 42.13(f) that the person engaged in prostitution solely as
  a victim of trafficking of persons or compelling prostitution. If
  the attorney representing the state establishes a need for law
  enforcement agencies, for the purpose of investigating trafficking
  of persons or compelling prostitution offenses, to have access to
  evidence contained in the arrest records or files of a person
  entitled to an expunction under this subsection, at the request of
  the attorney representing the state, the court may provide in its
  expunction order that a law enforcement agency may retain those
  records and files, provided that the person's personal information
  has been redacted from those records and files.
         SECTION 4.  (a)  Article 42.13, Code of Criminal Procedure,
  as added by this Act, applies to a petition to set aside a
  conviction that is filed on or after the effective date of this Act,
  regardless of whether the offense that is the subject of the
  petition occurred before, on, or after the effective date of this
  Act.
         (b)  Article 42A.105(g), Code of Criminal Procedure, as
  added by this Act, applies to a discharge and dismissal that occurs
  on or after the effective date of this Act, regardless of whether
  the offense for which the defendant was placed on deferred
  adjudication community supervision occurred before, on, or after
  the effective date of this Act.
         (c)  Article 55.01(a-3), Code of Criminal Procedure, as
  added by this Act, applies to a petition for expunction filed on or
  after the effective date of this Act, regardless of whether the
  offense that is the subject of the petition occurred before, on, or
  after the effective date of this Act.
         SECTION 5.  This Act takes effect September 1, 2017.