Bill Text: TX HB2015 | 2011-2012 | 82nd Legislature | Enrolled

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Bill Title: Relating to certain conduct indicating a need for supervision and the sealing of records related to that conduct.

Spectrum: Slight Partisan Bill (Republican 2-1)

Status: (Passed) 2011-06-17 - Effective on 9/1/11 [HB2015 Detail]

Download: Texas-2011-HB2015-Enrolled.html

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H.B. No. 2015

AN ACT
relating to certain conduct indicating a need for supervision and
the sealing of records related to that conduct.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 51.03(b), Family Code, is amended to
read as follows:
(b) Conduct indicating a need for supervision is:
(1) subject to Subsection (f), conduct, other than a
traffic offense, that violates:
(A) the penal laws of this state of the grade of
misdemeanor that are punishable by fine only; or
(B) the penal ordinances of any political
subdivision of this state;
(2) the absence of a child on 10 or more days or parts
of days within a six-month period in the same school year or on
three or more days or parts of days within a four-week period from
school;
(3) the voluntary absence of a child from the child's
home without the consent of the child's parent or guardian for a
substantial length of time or without intent to return;
(4) conduct prohibited by city ordinance or by state
law involving the inhalation of the fumes or vapors of paint and
other protective coatings or glue and other adhesives and the
volatile chemicals itemized in Section 485.001, Health and Safety
Code;
(5) an act that violates a school district's
previously communicated written standards of student conduct for
which the child has been expelled under Section 37.007(c),
Education Code; [or]
(6) conduct that violates a reasonable and lawful
order of a court entered under Section 264.305; or
(7) notwithstanding Subsection (a)(1), conduct
described by Section 43.02(a)(1) or (2), Penal Code.
SECTION 2. Section 58.003, Family Code, is amended by
adding Subsections (c-3) and (c-4) and amending Subsection (d) to
read as follows:
(c-3) Notwithstanding Subsections (a) and (c) and subject
to Subsection (b), a juvenile court, on the court's own motion and
without a hearing, shall order the sealing of records concerning a
child found to have engaged in conduct indicating a need for
supervision described by Section 51.03(b)(7) or taken into custody
to determine whether the child engaged in conduct indicating a need
for supervision described by Section 51.03(b)(7). This subsection
applies only to records related to conduct indicating a need for
supervision described by Section 51.03(b)(7).
(c-4) A prosecuting attorney or juvenile probation
department may maintain until a child's 17th birthday a separate
record of the child's name and date of birth and the date on which
the child's records are sealed, if the child's records are sealed
under Subsection (c-3). The prosecuting attorney or juvenile
probation department, as applicable, shall send the record to the
court as soon as practicable after the child's 17th birthday to be
added to the child's other sealed records.
(d) The court may grant to a child the relief authorized in
Subsection (a), [or] (c-1), or (c-3) at any time after final
discharge of the child [person] or after the last official action in
the case if there was no adjudication, subject, if applicable, to
Subsection (e). If the child is referred to the juvenile court for
conduct constituting any offense and at the adjudication hearing
the child is found to be not guilty of each offense alleged, the
court shall immediately and without any additional hearing order
the sealing of all files and records relating to the case.
SECTION 3. The changes in law made by this Act apply only to
conduct that occurs on or after the effective date of this Act.
Conduct that occurs before the effective date of this Act is covered
by the law in effect at the time the conduct occurred, and the
former law is continued in effect for that purpose. For the
purposes of this section, conduct occurs before the effective date
of this Act if any element of the conduct occurred before that date.
SECTION 4. This Act takes effect September 1, 2011.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 2015 was passed by the House on April
14, 2011, by the following vote: Yeas 141, Nays 1, 1 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 2015 on May 25, 2011, by the following vote: Yeas 143, Nays 0,
2 present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 2015 was passed by the Senate, with
amendments, on May 24, 2011, by the following vote: Yeas 31, Nays
0.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor