| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the eligibility of certain victims of trafficking of |
|
|
persons for an order of nondisclosure. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Sections 411.0728(a), (c), and (d), Government |
|
|
Code, are amended 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 30.05, Penal Code; |
|
|
(D) Section 31.03, Penal Code, if the offense is |
|
|
punishable under Subsection (e)(1) or (2); |
|
|
(E) Section 43.02, Penal Code; or |
|
|
(F) 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]. |
|
|
(c) After notice to the state, an opportunity for a hearing, |
|
|
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 2. 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. |
|
|
SECTION 3. To the extent of any conflict, this Act prevails |
|
|
over another Act of the 85th Legislature, Regular Session, 2017, |
|
|
relating to nonsubstantive additions to and corrections in enacted |
|
|
codes. |
|
|
SECTION 4. This Act takes effect September 1, 2017. |