By: Thompson, et al.	H.B. No. 2015
	(Senate Sponsor - Van de Putte)
	(In the Senate - Received from the House April 18, 2011;
	April 20, 2011, read first time and referred to Committee on
	Criminal Justice; May 17, 2011, reported adversely, with favorable
	Committee Substitute by the following vote:  Yeas 7, Nays 0;
	May 17, 2011, sent to printer.)
	COMMITTEE SUBSTITUTE FOR H.B. No. 2015	By:  Hegar

	A BILL TO BE ENTITLED
	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.
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