85R11246 LHC-F     By: Parker H.B. No. 2509       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   31.03, 31.07, 31.15, 31.16, 31.17, or 43.02, Penal Code, or Section   481.115, 481.1151, 481.116, 481.1161, 481.117, 481.118, 481.119,   or 481.121, Health and Safety Code, is placed on community   supervision under Chapter 42A [Article 42.12], Code of Criminal   Procedure;[,] 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.