By: Huffman S.B. No. 1801
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to orders of nondisclosure for certain victims of
  trafficking of persons or compelling prostitution.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 411.0728, Government Code, is amended to
  read as follows:
         Sec. 411.0728.  PROCEDURE FOR CERTAIN VICTIMS OF TRAFFICKING
  OF PERSONS OR COMPELLING PROSTITUTION. (a)  This section applies
  only to a person:
               (1)  who is convicted of or placed on deferred
  adjudication community supervision [under Chapter 42A, 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 31.03, Penal Code, if the offense is
  punishable under Subsection (e)(1) or (2); or
                     (D)  Section 43.02, Penal Code; [or
                     [(E)     Section 43.03(a)(2), Penal Code, if the
  offense is punishable as a Class A misdemeanor;] and
               (2)  who, if requested by the applicable law
  enforcement agency or prosecuting attorney to provide assistance in
  the investigation or prosecution of an offense under Section
  20A.02, 20A.03, or 43.05, Penal Code, or a federal offense
  containing elements that are substantially similar to the elements
  of an offense under any of those sections:
                     (A)  provided assistance in the investigation or
  prosecution of the offense; or
                     (B)  did not provide assistance in the
  investigation or prosecution of the offense due to the person's age
  or a physical or mental disability resulting from being a victim of
  an offense described by this subdivision [with respect to whom the
  conviction is subsequently set aside by the court under Article
  42A.701, Code of Criminal Procedure].
         (b)  Notwithstanding any other provision of this subchapter
  or Subchapter F, a person described by Subsection (a) who satisfies
  the requirements of Section 411.074(b) [411.074] may petition the
  court that convicted the person or placed the person on deferred
  adjudication community supervision for an order of nondisclosure of
  criminal history record information under this section on the
  grounds that the person committed the offense solely as a victim of
  an offense under Section 20A.02, 20A.03, or 43.05, Penal Code
  [trafficking of persons].
         (b-1)  A petition under Subsection (b) must:
               (1)  be in writing;
               (2)  allege specific facts that, if proved, would
  establish that the petitioner committed the offense described by
  Subsection (a)(1) solely as a victim of an offense under Section
  20A.02, 20A.03, or 43.05, Penal Code; and
               (3)  assert that if the person has previously submitted
  a petition for [seeking] an order of nondisclosure under this
  section, the person has not committed an offense described by
  Subsection (a)(1) on or after the date on which the person's first
  petition [previously received an order of nondisclosure] under this
  section was submitted.
         (b-2)  On the filing of the petition under Subsection (b),
  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.
         (b-3)  A person convicted of or placed on deferred
  adjudication community supervision for more than one offense
  described by Subsection (a)(1) that the person committed solely as
  a victim of an offense under Section 20A.02, 20A.03, or 43.05, Penal
  Code, may file a petition for an order of nondisclosure of criminal
  history record information under this section with respect to each
  offense, and may request consolidation of those petitions, in a
  district court in the county where the person was most recently
  convicted or placed on deferred adjudication community supervision
  as described by this subsection. On receipt of a request for
  consolidation, the court shall consolidate the petitions and
  exercise jurisdiction over the petitions, regardless of the county
  in which the offenses described by Subsection (a)(1) occurred.  For
  each offense that is the subject of a consolidated petition and that
  occurred in a county other than the county in which the court
  consolidating the petitions is located, the clerk of the court, in
  addition to the clerk's duties under Subsection (b-2), shall
  promptly serve a copy of the consolidated petition and any
  supporting document related to the applicable offense on the
  appropriate office of the attorney representing the state on behalf
  of the other county. Each attorney representing the state who
  receives a copy of a consolidated petition under this subsection
  may file a response to the petition in accordance with Subsection
  (b-2).
         (b-4)  A district court that consolidates petitions under
  Subsection (b-3) shall allow an attorney representing the state who
  receives a petition involving an offense that was committed outside
  the county in which the court is located to appear at any hearing
  regarding the consolidated petition by telephone or video
  conference call.
         (c)  After notice to the state and[,] an opportunity for a
  hearing, [a determination by the court that the person has not
  previously received an order of nondisclosure under this section,
  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
  having jurisdiction over the petition shall issue an order
  prohibiting criminal justice agencies from disclosing to the public
  criminal history record information related to the offense if the
  court determines that:
               (1)  the person committed the offense described by
  Subsection (a)(1) solely as a victim of an offense under Section
  20A.02, 20A.03, or 43.05, Penal Code;
               (2)  if applicable, the person did not commit another
  offense described by Subsection (a)(1) on or after the date on which
  the person's first petition for an order of nondisclosure under
  this section was submitted; and
               (3)  issuance of the order is in the best interest of
  justice [for which the defendant was placed on community
  supervision as described by Subsection (a)].
         (c-1)  In determining whether a person committed an offense
  described by Subsection (a)(1) solely as a victim of an offense
  under Section 20A.02, 20A.03, or 43.05, Penal Code, the court may
  consider any order of nondisclosure previously granted to the
  person under this section.
         (d)  A person may petition the applicable court [that placed
  the person on community supervision] for an order of nondisclosure
  of criminal history record information under this section only on
  or after the first anniversary of the date the person:
               (1)  completed the sentence, including any term of
  confinement imposed and payment of all fines, costs, and
  restitution imposed; or
               (2)  received a dismissal and discharge under Article
  42A.111, Code of Criminal Procedure, if the person was placed on
  deferred adjudication community supervision [person's conviction
  is set aside as described by Subsection (a)].
         SECTION 2.  Article 56.021, Code of Criminal Procedure, is
  amended by adding Subsection (e) to read as follows:
         (e)  A victim of an offense under Section 20A.02, 20A.03, or
  43.05, Penal Code, is entitled to be informed that the victim may
  petition for an order of nondisclosure of criminal history record
  information under Section 411.0728, Government Code, if the victim:
               (1)  has been convicted of or placed on deferred
  adjudication community supervision for an offense described by
  Subsection (a)(1) of that section; and
               (2)  committed that offense solely as a victim of an
  offense under Section 20A.02, 20A.03, or 43.05, Penal Code.
         SECTION 3.  Section 126.004, Government Code, is amended by
  adding Subsection (d) to read as follows:
         (d)  A program established under this chapter shall provide
  each program participant with information related to the right to
  petition for an order of nondisclosure of criminal history record
  information under Section 411.0728.
         SECTION 4.  This Act takes effect September 1, 2019.