Bill Text: TX HB263 | 2015-2016 | 84th Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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-Introduced.html
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-Introduced.html
84R1238 KKR-D | ||
By: Miles | H.B. No. 263 |
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relating to the sealing in certain cases of juvenile records of | ||
adjudications of delinquent conduct or conduct indicating a need | ||
for supervision and access by certain persons to sealed juvenile | ||
records. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 58.003, Family Code, is amended by | ||
amending Subsections (a), (e), (f), (g), and (h) and adding | ||
Subsections (a-1), (a-2), and (a-3) to read as follows: | ||
(a) Except as provided by Subsections (b) and (c), on the | ||
application of a person who has been found to have engaged in | ||
delinquent conduct or conduct indicating a need for supervision[ |
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or who was [ |
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person engaged in delinquent conduct or conduct indicating a need | ||
for supervision or, if the court receives notice under Subsection | ||
(a-1) that the person may be eligible to have the person's records | ||
sealed, on the juvenile court's own motion, the court shall | ||
immediately order the sealing of the person's records [ |
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if the court finds that: | ||
(1) either: | ||
(A) 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; or | ||
(B) the person is 17 years of age or older and the | ||
person has been finally discharged or the last official action in | ||
the person's case has occurred if there was no adjudication; [ |
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(2) since the time specified in Subdivision (1)(A) or | ||
(B), as applicable [ |
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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; and | ||
(3) the prosecuting attorney does not object to the | ||
sealing of the records under Subsection (a-2). | ||
(a-1) Notice to the court that a person may be eligible | ||
under Subsection (a) to have the person's records sealed may be | ||
provided by: | ||
(1) the person or the person's attorney; or | ||
(2) a juvenile probation officer or school attendance | ||
officer, by signed statement or notarized affidavit. | ||
(a-2) On a person becoming eligible under Subsection | ||
(a)(1), the court shall: | ||
(1) determine whether the person meets the | ||
requirements of Subsection (a)(2); and | ||
(2) if the person meets the requirements of Subsection | ||
(a)(2), provide notice to the prosecuting attorney for the juvenile | ||
court in the case that the person's records will be sealed on the | ||
expiration of 30 days if no objection is made by the attorney within | ||
that time. | ||
(a-3) If the prosecuting attorney for the juvenile court in | ||
the case objects to sealing the person's records, the court shall | ||
hold a hearing to determine if the records should be sealed. | ||
(e) The court shall hold a hearing before sealing a person's | ||
records under Subsection [ |
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the right to a hearing in writing and the court and the prosecuting | ||
attorney 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 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; | ||
(4) the public or private agency or institution having | ||
custody of records named in the application or motion; and | ||
(5) the law enforcement agency having custody of files | ||
or records named in the application or motion. | ||
(f) A copy of the sealing order shall be sent to each agency | ||
or official named in the order and to the Department of Public | ||
Safety. | ||
(g) On entry of the order: | ||
(1) all law enforcement, prosecuting attorney, clerk | ||
of court, and juvenile court records ordered sealed shall be sent | ||
before the 61st day after the date the order is received to the | ||
court issuing the order; | ||
(2) all records of a public or private agency or | ||
institution ordered sealed shall be sent before the 61st day after | ||
the date the order is received to the court issuing the order; | ||
(3) all index references to the records ordered sealed | ||
shall be deleted before the 61st day after the date the order is | ||
received, and verification of the deletion shall be sent before the | ||
61st day after the date of the deletion to the court issuing the | ||
order; | ||
(4) the juvenile court, clerk of court, prosecuting | ||
attorney, public or private agency or institution, and law | ||
enforcement officers and agencies shall properly reply that no | ||
record exists with respect to the person on inquiry in any matter; | ||
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(5) the adjudication shall be vacated and the | ||
proceeding dismissed and treated for all purposes other than a | ||
subsequent capital prosecution, including the purpose of showing a | ||
prior finding of delinquent conduct, as if it had never occurred; | ||
and | ||
(6) the Department of Public Safety shall certify the | ||
records for restricted access under Section 58.203. | ||
(h) Inspection or copying of the sealed records may be | ||
permitted by an order of the juvenile court on the petition of the | ||
person who is the subject of the records and only by those persons | ||
named in the order. | ||
SECTION 2. Section 58.203(a), Family Code, is amended to | ||
read as follows: | ||
(a) The department shall certify to the juvenile probation | ||
department to which a referral was made that resulted in | ||
information being submitted to the juvenile justice information | ||
system that the records relating to a person's juvenile case are | ||
subject to automatic restriction of access if: | ||
(1) the person is at least 17 years of age, [ |
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[ |
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resulting in determinate sentence proceedings in the juvenile court | ||
under Section 53.045,[ |
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[ |
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criminal court under Section 54.02; or | ||
(2) the person's records with respect to the juvenile | ||
case were sealed under Section 58.003. | ||
SECTION 3. The change in law made by this Act applies to the | ||
sealing of and restricting or granting access to records in the | ||
adjudication of a juvenile case on or after the effective date of | ||
this Act, regardless of whether the adjudication occurred before, | ||
on, or after the effective date of this Act. | ||
SECTION 4. This Act takes effect immediately if it receives | ||
a vote of two-thirds of all the members elected to each house, as | ||
provided by Section 39, Article III, Texas Constitution. If this | ||
Act does not receive the vote necessary for immediate effect, this | ||
Act takes effect September 1, 2015. |