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

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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

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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