Bill Text: TX HB503 | 2023-2024 | 88th Legislature | Comm Sub
Bill Title: Relating to the jurisdiction of a juvenile court over certain persons and to the sealing and nondisclosure of certain juvenile records.
Sponsorship: Partisan Bill (Democrat 3)
Status: (Introduced - Dead) 2023-05-10 - Statement(s) of vote recorded in Journal [HB503 Detail]
Download: Texas-2023-HB503-Comm_Sub.html
| 88R20388 MCF-D | |||
| By: Wu, Moody | H.B. No. 503 | ||
| Substitute the following for H.B. No. 503: | |||
| By: Dutton | C.S.H.B. No. 503 | ||
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| relating to the jurisdiction of a juvenile court over certain | ||
| persons and to the sealing and nondisclosure of certain juvenile | ||
| records. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Section 51.0412, Family Code, is amended to read | ||
| as follows: | ||
| Sec. 51.0412. JURISDICTION OVER INCOMPLETE PROCEEDINGS. | ||
| The court retains jurisdiction over a person, without regard to the | ||
| age of the person, who is a respondent in an adjudication | ||
| proceeding, a disposition proceeding, a proceeding to modify | ||
| disposition, a proceeding for waiver of jurisdiction and transfer | ||
| to criminal court under Section 54.02(a), or a motion for transfer | ||
| of determinate sentence probation to an appropriate district court | ||
| if: | ||
| (1) the petition or motion was filed while the | ||
| respondent was younger than 18 or 19 years of age, as applicable; | ||
| (2) the proceeding is not complete before the | ||
| respondent becomes 18 or 19 years of age, as applicable; and | ||
| (3) the court enters a finding in the proceeding that: | ||
| (A) the prosecuting attorney exercised due | ||
| diligence in an attempt to complete the proceeding before the | ||
| respondent became 18 or 19 years of age, as applicable; or | ||
| (B) the proceeding has been delayed through no | ||
| fault of the state. | ||
| SECTION 2. Section 58.256, Family Code, is amended by | ||
| amending Subsection (d) and adding Subsection (d-1) to read as | ||
| follows: | ||
| (d) A court may not order the sealing of the records of a | ||
| person who: | ||
| (1) except as provided by Subsection (d-1), received a | ||
| determinate sentence for engaging in: | ||
| (A) delinquent conduct that violated a penal law | ||
| listed under Section 53.045; or | ||
| (B) habitual felony conduct as described by | ||
| Section 51.031; | ||
| (2) is currently required to register as a sex | ||
| offender under Chapter 62, Code of Criminal Procedure; or | ||
| (3) was committed without a determinate sentence to | ||
| the Texas Juvenile Justice Department or to a post-adjudication | ||
| secure correctional facility under former Section 54.04011, unless | ||
| the person has been discharged from the agency to which the person | ||
| was committed. | ||
| (d-1) A court may order the sealing of the records of a | ||
| person who was placed on determinate sentence probation under | ||
| Section 54.04(q) if the person: | ||
| (1) was not committed to the Texas Juvenile Justice | ||
| Department under Section 54.04(d)(3), 54.04(m), or 54.05(f) for the | ||
| conduct for which the person was placed on probation; | ||
| (2) was not transferred to an appropriate district | ||
| court under Section 54.051; and | ||
| (3) has been discharged from the sentence of | ||
| probation. | ||
| SECTION 3. The changes in law made by this Act apply only to | ||
| conduct violating a penal law of this state that occurs on or after | ||
| the effective date of this Act. Conduct violating a penal law of | ||
| this state that occurs before the effective date of this Act is | ||
| governed by the law in effect on the date the conduct occurred, and | ||
| the former law is continued in effect for that purpose. For | ||
| purposes of this section, conduct occurred before the effective | ||
| date of this Act if any element of the conduct occurred before that | ||
| date. | ||
| SECTION 4. This Act takes effect September 1, 2023. | ||
