Bill Text: TX HB2286 | 2015-2016 | 84th Legislature | Enrolled

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Bill Title: Relating to the eligibility of certain victims of trafficking of persons for an order of nondisclosure; authorizing a fee.

Spectrum: Slight Partisan Bill (Republican 5-3)

Status: (Passed) 2015-06-19 - See remarks for effective date [HB2286 Detail]

Download: Texas-2015-HB2286-Enrolled.html

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H.B. No. 2286

AN ACT
relating to the eligibility of certain victims of trafficking of
persons for an order of nondisclosure; authorizing a fee.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
ARTICLE 1
SECTION 1.01. Section 109.005(a), Business & Commerce Code,
as added by Chapter 1200 (S.B. No. 1289), Acts of the 83rd
Legislature, Regular Session, 2013, is amended to read as follows:
(a) A business entity may not publish any criminal record
information in the business entity's possession with respect to
which the business entity has knowledge or has received notice
that:
(1) an order of expunction has been issued under
Article 55.02, Code of Criminal Procedure; or
(2) an order of nondisclosure has been issued under
Section 411.081(d) or (d-1), Government Code.
SECTION 1.02. Section 411.081, Government Code, is amended
by adding Subsection (d-1) and amending Subsections (e), (f),
(f-1), and (h) to read as follows:
(d-1)(1) This subsection applies only to a person who on
conviction for an offense under Section 43.02, Penal Code, is
placed on community supervision under Article 42.12, Code of
Criminal Procedure, and with respect to whom the conviction is
subsequently set aside by the court under Section 20(a) of that
article.
(2) Notwithstanding any other provision of this
subchapter, if a person to whom this subsection applies satisfies
the requirements of Subsection (e), the person may petition the
court that placed the person on community supervision for an order
of nondisclosure on the grounds that the person committed the
offense solely as a victim of trafficking of persons. 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 under
Section 43.02, Penal Code, giving rise to the community
supervision. A criminal justice agency may disclose criminal
history record information that is the subject of the order only to
other criminal justice agencies for criminal justice purposes, an
agency or entity listed in Subsection (i), or the person who is the
subject of the order. A person may petition the court that placed
the person on community supervision for an order of nondisclosure
only after the person's conviction under Section 43.02, Penal Code,
is set aside.
(e) A person is entitled to petition the court under
Subsection (d) or (d-1) only if during the period of the community
supervision, including deferred adjudication community
supervision, for which the order of nondisclosure is requested and,
for a petition under Subsection (d), only during the applicable
period described by Subdivision (1) [Subsection (d)(1)], (2), or
(3) of that subsection, as appropriate, the person is not convicted
of or placed on deferred adjudication community supervision under
Section 5, Article 42.12, Code of Criminal Procedure, for any
offense other than an offense under the Transportation Code
punishable by fine only. A person is not entitled to petition the
court under Subsection (d) or (d-1) if the person was placed on
community supervision, including [the] deferred adjudication
community supervision, for, or has been previously convicted of or
placed on any other deferred adjudication for:
(1) an offense requiring registration as a sex
offender under Chapter 62, Code of Criminal Procedure;
(2) an offense under Section 20.04, Penal Code,
regardless of whether the offense is a reportable conviction or
adjudication for purposes of Chapter 62, Code of Criminal
Procedure;
(3) an offense under Section 19.02, 19.03, 22.04,
22.041, 25.07, 25.072, or 42.072, Penal Code; or
(4) any other offense involving family violence, as
defined by Section 71.004, Family Code.
(f) For purposes of Subsections [Subsection] (d) and (e), a
person is considered to have been placed on deferred adjudication
community supervision if, regardless of the statutory
authorization:
(1) the person entered a plea of guilty or nolo
contendere;
(2) the judge deferred further proceedings without
entering an adjudication of guilt and placed the person under the
supervision of the court or an officer under the supervision of the
court; and
(3) at the end of the period of supervision, the judge
dismissed the proceedings and discharged the person.
(f-1) A person who petitions the court for an order of
nondisclosure under Subsection (d) or (d-1) may file the petition
in person, electronically, or by mail. The petition must be
accompanied by payment of a $28 fee to the clerk of the court in
addition to any other fee that generally applies to the filing of a
civil petition. The Office of Court Administration of the Texas
Judicial System shall prescribe a form for the filing of a petition
electronically or by mail. The form must provide for the petition
to be accompanied by the required fees and any other supporting
material determined necessary by the office of court
administration, including evidence that the person is entitled to
file the petition. The office of court administration shall make
available on its Internet website the electronic application and
printable application form. Each county or district clerk's office
that maintains an Internet website shall include on that website a
link to the electronic application and printable application form
available on the office of court administration's Internet website.
On receipt of a petition under this subsection, the court shall
provide notice to the state and an opportunity for a hearing on
whether the person is entitled to file the petition and issuance of
the order is in the best interest of justice. The court shall hold a
hearing before determining whether to issue an order of
nondisclosure, except that a hearing is not required if:
(1) the state does not request a hearing on the issue
before the 45th day after the date on which the state receives
notice under this subsection; and
(2) the court determines that:
(A) the defendant is entitled to file the
petition; and
(B) the order is in the best interest of justice.
(h) The clerk of a court that collects a fee paid under
Subsection (f-1) [(d)] shall remit the fee to the comptroller not
later than the last day of the month following the end of the
calendar quarter in which the fee is collected, and the comptroller
shall deposit the fee in the general revenue fund. The Department
of Public Safety shall submit a report to the legislature not later
than December 1 of each even-numbered year that includes
information on:
(1) the number of petitions for nondisclosure and
orders of nondisclosure received by the department in each of the
previous two years;
(2) the actions taken by the department with respect
to the petitions and orders received;
(3) the costs incurred by the department in taking
those actions; and
(4) the number of persons who are the subject of an
order of nondisclosure and who became the subject of criminal
charges for an offense committed after the order was issued.
SECTION 1.03. Section 411.081(i), Government Code, as
amended by Chapters 42 (S.B. 966), 266 (H.B. 729), and 583 (S.B.
869), Acts of the 83rd Legislature, Regular Session, 2013, is
reenacted and amended to read as follows:
(i) A criminal justice agency may disclose criminal history
record information that is the subject of an order of nondisclosure
under Subsection (d) or (d-1) to the following noncriminal justice
agencies or entities only:
(1) the State Board for Educator Certification;
(2) a school district, charter school, private school,
regional education service center, commercial transportation
company, or education shared service arrangement;
(3) the Texas Medical Board;
(4) the Texas School for the Blind and Visually
Impaired;
(5) the Board of Law Examiners;
(6) the State Bar of Texas;
(7) a district court regarding a petition for name
change under Subchapter B, Chapter 45, Family Code;
(8) the Texas School for the Deaf;
(9) the Department of Family and Protective Services;
(10) the Texas Juvenile Justice Department;
(11) the Department of Assistive and Rehabilitative
Services;
(12) the Department of State Health Services, a local
mental health service, a local mental retardation authority, or a
community center providing services to persons with mental illness
or an intellectual disability [retardation];
(13) the Texas Private Security Board;
(14) a municipal or volunteer fire department;
(15) the Texas Board of Nursing;
(16) a safe house providing shelter to children in
harmful situations;
(17) a public or nonprofit hospital or hospital
district, or a facility as defined by Section 250.001, Health and
Safety Code;
(18) the securities commissioner, the banking
commissioner, the savings and mortgage lending commissioner, the
consumer credit commissioner, or the credit union commissioner;
(19) the Texas State Board of Public Accountancy;
(20) the Texas Department of Licensing and Regulation;
(21) the Health and Human Services Commission;
(22) the Department of Aging and Disability Services;
(23) the Texas Education Agency;
(24) the Judicial Branch Certification Commission;
(25) a county clerk's office in relation to a
proceeding for the appointment of a guardian under Title 3, Estates
Code [Chapter XIII, Texas Probate Code];
(26) the Department of Information Resources but only
regarding an employee, applicant for employment, contractor,
subcontractor, intern, or volunteer who provides network security
services under Chapter 2059 to:
(A) the Department of Information Resources; or
(B) a contractor or subcontractor of the
Department of Information Resources;
(27) the Texas Department of Insurance;
(28) the Teacher Retirement System of Texas; and
(29) [(30)] the Texas State Board of Pharmacy.
SECTION 1.04. Section 411.0851(a), Government Code, is
amended to read as follows:
(a) A private entity that compiles and disseminates for
compensation criminal history record information shall destroy and
may not disseminate any information in the possession of the entity
with respect to which the entity has received notice that:
(1) an order of expunction has been issued under
Article 55.02, Code of Criminal Procedure; or
(2) an order of nondisclosure has been issued under
Section 411.081(d) or (d-1).
SECTION 1.05. Section 552.142, Government Code, is amended
to read as follows:
Sec. 552.142. EXCEPTION: CONFIDENTIALITY OF RECORDS OF
CERTAIN CRIMINAL HISTORY INFORMATION [DEFERRED ADJUDICATIONS].
(a) Information is excepted from the requirements of Section
552.021 if an order of nondisclosure with respect to the
information has been issued under Section 411.081(d) or (d-1).
(b) A person who is the subject of information that is
excepted from the requirements of Section 552.021 under this
section may deny the occurrence of the criminal proceeding [arrest
and prosecution] to which the information relates and the exception
of the information under this section, unless the information is
being used against the person in a subsequent criminal proceeding.
SECTION 1.06. Section 552.1425(a), Government Code, is
amended to read as follows:
(a) A private entity that compiles and disseminates for
compensation criminal history record information may not compile or
disseminate information with respect to which the entity has
received notice that:
(1) an order of expunction has been issued under
Article 55.02, Code of Criminal Procedure; or
(2) an order of nondisclosure has been issued under
Section 411.081(d) or (d-1).
SECTION 1.07. Section 53.021(e), Occupations Code, is
amended to read as follows:
(e) Subsection (c) does not apply if the person is an
applicant for or the holder of a license that authorizes the person
to provide:
(1) law enforcement or public health, education, or
safety services; or
(2) financial services in an industry regulated by a
person listed in Section 411.081(i)(18) [411.081(i)(19)],
Government Code.
SECTION 1.08. This article takes effect only if S.B. 1902,
Acts of the 84th Legislature, Regular Session, 2015, does not
become law. If that bill becomes law, this article has no effect.
ARTICLE 2
SECTION 2.01. Subchapter E-1, Chapter 411, Government Code,
is amended by adding Section 411.0728 to read as follows:
Sec. 411.0728. PROCEDURE FOR CERTAIN VICTIMS OF TRAFFICKING
OF PERSONS. (a) This section applies only to a person who on
conviction for an offense under Section 43.02, Penal Code, is
placed on community supervision under Article 42.12, Code of
Criminal Procedure, and with respect to whom the conviction is
subsequently set aside by the court under Section 20(a) of that
article.
(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 may petition the court that
placed the person on 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 trafficking of persons.
(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 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.
SECTION 2.02. Section 552.142(b), Government Code, is
amended to read as follows:
(b) A person who is the subject of information that is
excepted from the requirements of Section 552.021 under this
section may deny the occurrence of the criminal proceeding [arrest
and prosecution] to which the information relates and the exception
of the information under this section, unless the information is
being used against the person in a subsequent criminal proceeding.
SECTION 2.03. This article takes effect only if S.B. 1902,
Acts of the 84th Legislature, Regular Session, 2015, becomes law.
If that bill does not become law, this article has no effect.
ARTICLE 3
SECTION 3.01. The change in law made by this Act applies to
a person whose conviction for an offense under Section 43.02, Penal
Code, is set aside under Section 20(a), Article 42.12, 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 3.02. This Act takes effect September 1, 2015.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 2286 was passed by the House on May
15, 2015, by the following vote: Yeas 129, Nays 0, 2 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 2286 on May 29, 2015, by the following vote: Yeas 145, Nays 0,
2 present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 2286 was passed by the Senate, with
amendments, on May 26, 2015, by the following vote: Yeas 31, Nays
0.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor