Bill Text: TX HB263 | 2015-2016 | 84th Legislature | Comm Sub
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-Comm_Sub.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-Comm_Sub.html
By: Miles, Guillen (Senate Sponsor - Huffman) | H.B. No. 263 | |
(In the Senate - Received from the House May 7, 2015; | ||
May 11, 2015, read first time and referred to Committee on State | ||
Affairs; May 22, 2015, reported adversely, with favorable | ||
Committee Substitute by the following vote: Yeas 9, Nays 0; | ||
May 22, 2015, sent to printer.) | ||
COMMITTEE SUBSTITUTE FOR H.B. No. 263 | By: Huffman |
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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), [ |
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(e), the juvenile court shall order the sealing of the records in | ||
the case [ |
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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, [ |
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(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 [ |
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hold a hearing before sealing the [ |
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requests a hearing [ |
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notice of the hearing shall be given to: | ||
(1) the person who [ |
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subject of the records at issue [ |
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(2) [ |
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[ |
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final discharge was from an institution or from parole; | ||
(3) [ |
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having custody of the person's records [ |
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(4) [ |
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the person's files or records [ |
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(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 [ |
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records at issue [ |
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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 [ |
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sealing order entered under this section [ |
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include the following information or an explanation for why one or | ||
more of the following is not included: | ||
(1) the person's [ |
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(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 [ |
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or for which the person [ |
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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. | ||
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