Bill Text: TX HB263 | 2015-2016 | 84th Legislature | Enrolled


Bill Title: Relating to the sealing of certain juvenile records.

Spectrum: Slight Partisan Bill (Republican 2-1)

Status: (Passed) 2015-06-19 - Effective on 9/1/15 [HB263 Detail]

Download: Texas-2015-HB263-Enrolled.html
 
 
  H.B. No. 263
 
 
 
 
AN ACT
  relating to the sealing of certain juvenile records.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Sections 58.003(a), (e), (o), and (p), Family
  Code, are amended to read as follows:
         (a)  Except as provided by Subsections (b), [and] (c), and
  (e), the juvenile court shall order the sealing of the records in
  the case [on the application] of a person who has been found to have
  engaged in delinquent conduct or conduct indicating a need for
  supervision, or a person taken into custody to determine whether
  the person engaged in delinquent conduct or conduct indicating a
  need for supervision, [on the juvenile court's own motion the court
  shall order the sealing of the records in the case] if [the court
  finds that]:
               (1)  two years have elapsed since final discharge of
  the person or since the last official action in the person's case if
  there was no adjudication; and
               (2)  since the time specified in Subdivision (1), the
  person has not been convicted of a felony or a misdemeanor involving
  moral turpitude or found to have engaged in delinquent conduct or
  conduct indicating a need for supervision and no proceeding is
  pending seeking conviction or adjudication.
         (e)  The court shall give the prosecuting attorney for the
  juvenile court reasonable notice before a person's records become
  eligible for sealing under Subsection (a) or (c) and may [shall]
  hold a hearing before sealing the [a] person's records if [under
  Subsection (a) or (c) unless the applicant waives the right to a
  hearing in writing and the court and] the prosecuting attorney
  requests a hearing [for the juvenile court consent].  Reasonable
  notice of the hearing shall be given to:
               (1)  the person who [made the application or who] is the
  subject of the records at issue [named in the motion];
               (2)  [the prosecuting attorney for the juvenile court;
               [(3)]  the authority granting the discharge if the
  final discharge was from an institution or from parole;
               (3) [(4)]  the public or private agency or institution
  having custody of the person's records [named in the application or
  motion]; and
               (4) [(5)]  the law enforcement agency having custody of
  the person's files or records [named in the application or motion].
         (o)  An agency or official named in the order that cannot
  seal the records because the information required in the order
  under Subsection (p) is incorrect or insufficient shall notify the
  court issuing the order before the 61st day after the date the
  agency or official receives the order.  The court shall notify the
  person who [made the application or who] is the subject of the
  records at issue [named in the motion], or the attorney for that
  person, before the 61st day after the date the court receives the
  notice that the agency or official cannot seal the records because
  there is incorrect or insufficient information in the order.
         (p)  A [person who is eligible to seal records may file an
  application for the sealing of records in a juvenile court of the
  county in which the proceedings occurred.     The application and]
  sealing order entered under this section [on the application] must
  include the following information or an explanation for why one or
  more of the following is not included:
               (1)  the person's [applicant's]:
                     (A)  full name;
                     (B)  sex;
                     (C)  race or ethnicity;
                     (D)  date of birth;
                     (E)  driver's license or identification card
  number; and
                     (F)  social security number;
               (2)  the offense charged against the person [applicant]
  or for which the person [applicant] was referred to the juvenile
  justice system;
               (3)  the date on which and the county where the offense
  was alleged to have been committed; and
               (4)  if a petition was filed in the juvenile court, the
  cause number assigned to the petition and the court and county in
  which the petition was filed.
         SECTION 2.  The changes in law made by this Act apply only to
  the records of a person who becomes eligible for sealing of records
  under Section 58.003, Family Code, as amended by this Act, on or
  after the effective date of this Act.  The records of a person who
  was eligible for sealing of records under that section before the
  effective date of this Act are governed by the law applicable to the
  records immediately before that date, and the former law is
  continued in effect for that purpose.
         SECTION 3.  This Act takes effect September 1, 2015.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 263 was passed by the House on May 6,
  2015, by the following vote:  Yeas 144, Nays 0, 2 present, not
  voting; and that the House concurred in Senate amendments to H.B.
  No. 263 on May 28, 2015, by the following vote:  Yeas 145, Nays 0, 2
  present, not voting.
 
  ______________________________
  Chief Clerk of the House   
 
         I certify that H.B. No. 263 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       
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