88R7090 JRR-D     By: Parker S.B. No. 1012       A BILL TO BE ENTITLED   AN ACT   relating to the eligibility of certain victims of trafficking of   persons or compelling prostitution for an order of nondisclosure of   criminal history record information.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Sections 411.0728(a), (b), (b-1), (b-3), (c),   and (c-1), Government Code, are amended to read as follows:          (a)  This section applies only to a person:                (1)  who is convicted of or placed on deferred   adjudication community supervision for:                      (A)  a misdemeanor [an offense] under:                            (i)  Subchapter D, Chapter 481 [(A) Section   481.120], Health and Safety Code[, if the offense is punishable   under Subsection (b)(1)]; or                            (ii) [(B)  Section 481.121, Health and   Safety Code, if the offense is punishable under Subsection (b)(1);                      [(C)]  Section 31.03 or 37.10, Penal Code[, if the   offense is punishable under Subsection (e)(1) or (2)]; or                      (B)  an offense under [(D)] Section 43.02 or   49.02, Penal Code; 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.          (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) 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, or in   connection with being a victim of, an offense under Section 20A.02,   20A.03, or 43.05, Penal Code.          (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, or in connection with   being 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 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 under this   section was submitted.          (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, or in connection with being 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).          (c)  After notice to the state and an opportunity for a   hearing, 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, or in connection with   being 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.          (c-1)  In determining whether a person committed an offense   described by Subsection (a)(1) [solely] as a victim of, or in   connection with being 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.          SECTION 2.  Article 56A.052(e), Code of Criminal Procedure,   is amended 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, or   in connection with being a victim of, an offense under Section   20A.02, 20A.03, or 43.05, Penal Code.          SECTION 3.  This Act takes effect September 1, 2023.