SB 958

Overall Vote Recommendation
Yes
Principle Criteria
positive
Free Enterprise
neutral
Property Rights
neutral
Personal Responsibility
positive
Limited Government
positive
Individual Liberty
Digest
SB 958 seeks to amend Section 411.0728(a) of the Texas Government Code to expand access to nondisclosure of criminal records for certain individuals who were victims of human trafficking or compelling prostitution. Currently, nondisclosure is available in limited circumstances, but this bill aims to broaden eligibility to ensure that individuals coerced into committing certain misdemeanors as a result of their victimization are not burdened indefinitely by their criminal history.

The bill applies specifically to individuals convicted of or placed on deferred adjudication for select misdemeanor offenses under the Penal Code and Health and Safety Code, including theft, criminal trespass, possession of drug paraphernalia, and public intoxication. It also includes offenses such as prostitution under Section 43.02 of the Penal Code. To qualify, individuals must demonstrate they were victims of trafficking or compelling prostitution and, when requested, either cooperated with law enforcement in the investigation or prosecution of related crimes or were unable to do so due to age or a disability resulting from their victimization.

This legislation is designed to support rehabilitation and reentry by mitigating the long-term consequences of a criminal record for those who were coerced into criminal activity. It recognizes the unique challenges and trauma experienced by trafficking victims and ensures that justice system outcomes do not further entrench their victimization.

The Committee Substitute for SB 958 presents a narrower and more focused version of the originally filed bill. While both versions aim to provide relief to trafficking and compelling prostitution victims by allowing certain offenses to be sealed through nondisclosure, the originally filed version went further in expanding procedural access and support. It amended several subsections of Section 411.0728 of the Government Code, including provisions allowing for consolidated petitions across multiple counties, relaxed language standards regarding the victim’s relationship to the offense, and clarified steps for courts to follow when reviewing petitions.

In contrast, the Committee Substitute focuses solely on revising subsection (a), which defines eligibility. This pared-down version excludes procedural provisions such as the ability for victims with multiple qualifying convictions in different counties to file a consolidated petition in one court—a significant mechanism designed to ease legal burdens on victims. Also removed is the amendment to Article 56A.052 of the Code of Criminal Procedure, which would have ensured victims were informed of their eligibility for relief, representing a retreat from proactive victim support.

Additionally, the original bill made an impactful legal shift by removing the word “solely” from the requirement that the offense be committed “as a victim” of trafficking. This change broadened eligibility, recognizing that victimization need not be the only factor. However, the committee substitute omits these changes by leaving out all subsections where that language would have appeared, thereby potentially reintroducing ambiguity or stricter interpretation by courts.

Overall, the committee substitute simplifies the bill, likely to enhance its legislative viability, but at the cost of reducing procedural accessibility and victim empowerment provided in the original version.
Author (1)
Tan Parker
Co-Author (1)
Jose Menendez
Sponsor (2)
Senfronia Thompson
Sam Harless
Fiscal Notes

The Legislative Budget Board (LBB) for SB 958 concludes that there is no significant fiscal implication to the state or local governments. The bill expands eligibility for orders of nondisclosure for certain misdemeanor offenses committed by individuals who were victims of human trafficking or compelling prostitution. However, the nature and scope of this expansion are not expected to generate costs that would meaningfully affect state revenues or appropriations.

The Office of Court Administration anticipates that any additional workload resulting from the increased number of eligible nondisclosure petitions would be absorbable within existing resources. This suggests that the volume of new petitions expected under the bill is not projected to overwhelm the courts or require additional staff or infrastructure investments.

Furthermore, the bill is not expected to significantly impact state correctional populations or the demand for correctional resources. Since the bill does not alter criminal penalties or create new offenses but rather provides post-conviction relief options, it has no bearing on sentencing or incarceration rates. The same applies to local governments, which are not expected to incur notable costs from implementing the bill’s provisions.

Overall, SB 958 is a low-cost reform measure with meaningful benefits for victims of trafficking, allowing for relief from criminal records without placing a financial burden on the state or its localities.

Vote Recommendation Notes

SB 958 presents a meaningful and narrowly tailored reform that advances individual liberty and personal responsibility while maintaining judicial oversight and safeguarding the public interest. The bill expands the scope of existing nondisclosure statutes for victims of human trafficking and compelling prostitution by broadening the list of misdemeanor offenses eligible for sealing. These offenses—including drug-related misdemeanors, forgery of government documents, and public intoxication—are commonly committed under coercion by traffickers. By expanding eligibility, the bill offers a realistic pathway for survivors to rebuild their lives.

Critically, the committee substitute maintains the integrity of the sealing process. It requires survivors to still prove to a court that their criminal conduct was directly linked to their status as a trafficking victim. Thus, the burden of proof remains appropriately high, ensuring that the provision is not misused. At the same time, the bill removes a broader clause—"in connection with being a victim"—to maintain a tighter nexus between the offense and the trafficking itself, responding to concerns about potential overreach.

From a fiscal standpoint, the Legislative Budget Board determined that SB 958 has no significant fiscal impact on the state or local governments. It neither expands government powers nor creates new regulatory burdens. Instead, it leverages existing judicial procedures to enhance justice for a vulnerable population without cost escalation.

Overall, SB 958 upholds the principles of limited government and individual dignity. It corrects a gap in the law that unintentionally punishes trafficking survivors for crimes committed under coercion, enabling their successful reintegration into society through employment and housing access. As such, Texas Policy Research recommends that lawmakers vote YES on SB 958.

View Bill Text and Status