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A BILL TO BE ENTITLED
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AN ACT
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relating to orders of nondisclosure for certain victims of |
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trafficking of persons. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 411.0728, Government Code, is amended to |
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read as follows: |
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Sec. 411.0728. PROCEDURE FOR CERTAIN VICTIMS OF TRAFFICKING |
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OF PERSONS. (a) This section applies only to a person who is |
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convicted of or[:
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[(1) who is] placed on deferred adjudication community |
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supervision [under Chapter 42A, Code of Criminal Procedure, after
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conviction] for an offense under: |
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(1) [(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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(2) [(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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(3) Section 30.05, Penal Code; |
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(4) [(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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(5) [(D)] Section 43.02, Penal Code; or |
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(6) [(E)] Section 43.03(a)(2), Penal Code, if the |
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offense is punishable as a state jail felony or as any lower |
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category of offense [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]. |
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(b) Notwithstanding any other provision of this subchapter |
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or Subchapter F, a person described by Subsection (a) who satisfies |
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the requirements of Section 411.074 may petition the court that |
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convicted the person or placed the person on deferred adjudication |
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community supervision for an order of nondisclosure of criminal |
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history record information under this section on the grounds that |
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the person committed the offense solely as a victim of trafficking |
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of persons. |
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(b-1) A petition under Subsection (b) must: |
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(1) assert that the person seeking an order of |
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nondisclosure under this section has not previously received an |
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order of nondisclosure under this section; and |
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(2) allege specific facts that, if proved, would |
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establish that the petitioner committed the offense described by |
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Subsection (a) solely as a victim of trafficking of persons. |
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(c) After notice to the state, an opportunity for a hearing, |
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a determination by the court that the person has not previously |
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received an order of nondisclosure under this section, and a |
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determination by the court that the person committed the offense |
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described by Subsection (a) solely as a victim of trafficking of |
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persons and that issuance of the order is in the best interest of |
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justice, the court shall issue an order prohibiting criminal |
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justice agencies from disclosing [to the public] criminal history |
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record information related to the offense except as provided by |
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Section 411.0765(a) [for which the defendant was placed on
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community supervision as described by Subsection (a)]. |
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(d) A person may petition the court that convicted the |
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person or placed the person on deferred adjudication community |
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supervision for an order of nondisclosure of criminal history |
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record information under this section only on or after the 90th day |
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after the date the person: |
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(1) completed the sentence, including any term of |
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confinement imposed and payment of all fines, costs, and |
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restitution imposed; or |
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(2) received a dismissal and discharge under Article |
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42A.111, Code of Criminal Procedure, if the person was placed on |
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deferred adjudication community supervision [person's conviction
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is set aside as described by Subsection (a)]. |
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SECTION 2. Section 411.0765, Government Code, is amended by |
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adding Subsection (c) to read as follows: |
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(c) Notwithstanding any other provision of this section, a |
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criminal justice agency may not disclose criminal history record |
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information that is the subject of an order of nondisclosure of |
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criminal history record information under Section 411.0728 for |
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regulatory licensing purposes or to an agency or entity listed in |
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Subsection (b). |
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SECTION 3. This Act takes effect September 1, 2019. |