| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to information regarding the procedures and available |
|
|
resources for the sealing of juvenile records. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 58.262, Family Code, is amended by |
|
|
amending Subsections (a) and (b) and adding Subsections (a-1), |
|
|
(b-1), and (e) to read as follows: |
|
|
(a) When a child is referred to the juvenile probation |
|
|
department, an employee of the juvenile probation department shall |
|
|
give the child and the child's parent, guardian, or custodian: |
|
|
(1) a written explanation describing the process of |
|
|
sealing records under this subchapter and a copy of this |
|
|
subchapter; and |
|
|
(2) a list of local resources that may assist the child |
|
|
in applying to have the child's records sealed, including attorneys |
|
|
who, at low or no cost, represent persons in applying for the |
|
|
sealing of juvenile records. |
|
|
(a-1) At the time an employee of the juvenile probation |
|
|
department gives a written explanation under Subsection (a), the |
|
|
employee shall additionally provide an oral explanation of the |
|
|
process of sealing records to the child and the child's parent, |
|
|
guardian, or custodian and allow any of those persons to ask |
|
|
questions regarding the process. |
|
|
(b) On the final discharge of a child, or on the last |
|
|
official action in the matter if there is no adjudication, a |
|
|
probation officer, other official at the juvenile probation |
|
|
department, or official at the Texas Juvenile Justice Department, |
|
|
as appropriate, shall give the child and the child's parent, |
|
|
guardian, or custodian: |
|
|
(1) a written explanation regarding the eligibility of |
|
|
the child's records for sealing under this subchapter and a copy of |
|
|
this subchapter; and |
|
|
(2) a list of local resources that may assist the child |
|
|
in applying to have the child's records sealed, including attorneys |
|
|
who, at low or no cost, represent persons in applying for the |
|
|
sealing of juvenile records. |
|
|
(b-1) At the time a probation officer, other official at the |
|
|
juvenile probation department, or official at the Texas Juvenile |
|
|
Justice Department gives a written explanation under Subsection |
|
|
(b), the officer or official shall additionally provide an oral |
|
|
explanation of the eligibility of the child's records for sealing |
|
|
to the child and the child's parent, guardian, or custodian and |
|
|
allow any of those persons to ask questions regarding the child's |
|
|
eligibility and the process of having records sealed. |
|
|
(e) The Texas Juvenile Justice Department shall publish on |
|
|
the department's Internet website a brochure that describes the |
|
|
process of sealing records under this subchapter and that lists |
|
|
resources that may assist a child in applying to seal the child's |
|
|
records. |
|
|
SECTION 2. Subchapter C-1, Chapter 58, Family Code, is |
|
|
amended by adding Section 58.2625 to read as follows: |
|
|
Sec. 58.2625. ONLINE DIRECTORY OF ATTORNEYS FOR SEALING |
|
|
JUVENILE RECORDS. (a) In this section, "state bar" means the State |
|
|
Bar of Texas. |
|
|
(b) The state bar shall create and maintain a directory of |
|
|
attorneys in this state who, at low or no cost, represent persons in |
|
|
applying for the sealing of juvenile records. The directory must |
|
|
describe the administrative judicial regions created under Section |
|
|
74.042, Government Code, and list the attorneys who offer that |
|
|
representation in those regions. |
|
|
(c) The state bar shall make the directory available to the |
|
|
public on the state bar's Internet website. |
|
|
SECTION 3. This Act takes effect September 1, 2019. |