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A BILL TO BE ENTITLED
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AN ACT
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relating to the eligibility of certain victims of trafficking of |
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persons for an order of nondisclosure. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 411.0728(a), (c), and (d), Government |
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Code, are amended to read as follows: |
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(a) This section applies only to a person: |
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(1) who [on conviction for an offense under Section
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43.02, Penal Code,] is placed on community supervision under |
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Chapter 42A [Article 42.12], Code of Criminal Procedure, after |
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conviction for an offense under: |
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(A) Section 481.120, Health and Safety Code, if |
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the offense is punishable under Subsection (b)(1); |
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(B) Section 481.121, Health and Safety Code, if |
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the offense is punishable under Subsection (b)(1); |
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(C) Section 31.03, Penal Code, if the offense is |
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punishable under Subsection (e)(1) or (2); |
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(D) Section 43.02, Penal Code; or |
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(E) Section 43.03(a)(2), Penal Code, if the |
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offense is punishable as a Class A misdemeanor;[,] and |
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(2) with respect to whom the conviction is |
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subsequently set aside by the court under Article 42A.701, Code of |
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Criminal Procedure [Section 20(a) of that article]. |
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(c) After notice to the state, an opportunity for a hearing, |
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and a determination by the court that the person committed the |
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offense solely as a victim of trafficking of persons and that |
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issuance of the order is in the best interest of justice, the court |
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shall issue an order prohibiting criminal justice agencies from |
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disclosing to the public criminal history record information |
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related to the offense for which the defendant was placed on |
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community supervision as described by Subsection (a) [under Section
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43.02, Penal Code, giving rise to the community supervision]. |
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(d) A person may petition the court that placed the person |
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on community supervision for an order of nondisclosure of criminal |
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history record information under this section only after the |
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person's conviction [under Section 43.02, Penal Code,] is set aside |
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as described by Subsection (a). |
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SECTION 2. The change in law made by this Act applies to a |
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person whose conviction for an offense is set aside under Article |
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42A.701, Code of Criminal Procedure, on or after the effective date |
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of this Act, regardless of when the person committed the offense for |
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which the person was convicted. |
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SECTION 3. To the extent of any conflict, this Act prevails |
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over another Act of the 85th Legislature, Regular Session, 2017, |
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relating to nonsubstantive additions to and corrections in enacted |
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codes. |
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SECTION 4. This Act takes effect September 1, 2017. |