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