bill widening record sealing for trafficking victims

The text as introduced · 408 words

89R3062 LHC-D

By: Thompson
H.B. No. 539

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. Sections 411.0728(a) and (b), 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 an offense under:

(A) Section 481.115, Health and Safety Code;

(B) Section 481.1151, Health and Safety Code;

(C) Section 481.116, Health and Safety Code;

(D) Section 481.1161, Health and Safety Code;

(E) Section 481.117, Health and Safety Code;

(F) Section 481.118, Health and Safety Code;

(G) Section 481.119(b), Health and Safety Code;

(H) Section 481.120, Health and Safety Code[ , if

the offense is punishable under Subsection (b)(1) ];

(I) [ (B) ] Section 481.121, Health and Safety

Code[ , if the offense is punishable under Subsection (b)(1) ];

(J) [ (C) ] Section 31.03, Penal Code[ , if the

offense is punishable under Subsection (e)(1) or (2) ];

(K) Section 31.16, Penal Code;

(L) Section 31.17, Penal Code; or

(M) [ (D) ] Section 43.02, 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 is not

ineligible for an order of nondisclosure under Section

411.074(b)(1)(A), (B), or (C) [ 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 an offense under

Section 20A.02, 20A.03, or 43.05, Penal Code.

SECTION 2. This Act takes effect September 1, 2025.