Bill Text: TX HB933 | 2013-2014 | 83rd Legislature | Introduced
Bill Title: Relating to automatic expunction of a juvenile's record after completion of a deferred prosecution program; providing a criminal penalty.
Sponsorship: Partisan Bill (Democrat 1)
Status: (Introduced - Dead) 2013-04-29 - Left pending in committee [HB933 Detail]
Download: Texas-2013-HB933-Introduced.html
| 83R6536 ADM-D | ||
| By: Turner of Harris | H.B. No. 933 | |
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| relating to automatic expunction of a juvenile's record after | ||
| completion of a deferred prosecution program; providing a criminal | ||
| penalty. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Subchapter A, Chapter 58, Family Code, is | ||
| amended by adding Sections 58.008, 58.009, 58.010, and 58.011 to | ||
| read as follows: | ||
| Sec. 58.008. RIGHT TO EXPUNCTION OF CERTAIN RECORDS. A | ||
| person is entitled to have the person's juvenile record expunged | ||
| after the person's 17th birthday if the person: | ||
| (1) has completed a deferred prosecution program under | ||
| Section 53.03; and | ||
| (2) after completing the program was not referred to | ||
| the juvenile justice system for any other delinquent conduct | ||
| engaged in before the person's 17th birthday that resulted in | ||
| adjudication or deferred adjudication. | ||
| Sec. 58.009. PROCEDURE FOR EXPUNCTION. (a) Within a | ||
| reasonable amount of time after a person becomes entitled to | ||
| expunction under Section 58.008, the juvenile probation department | ||
| shall notify the attorney for the state, who shall: | ||
| (1) prepare an expunction order under this section for | ||
| the juvenile court; and | ||
| (2) notify the person that the person's juvenile | ||
| record is being expunged. | ||
| (b) The court shall include in an expunction order under | ||
| this section a listing of each official, agency, or other entity of | ||
| this state or political subdivision of this state and each private | ||
| entity that there is reason to believe has any record or file that | ||
| is subject to the order. | ||
| (c) The court shall provide in an expunction order under | ||
| this section that the Department of Public Safety shall delete or | ||
| redact, as appropriate, from the department's public records all | ||
| index references to the records and files that are subject to the | ||
| expunction order. | ||
| Sec. 58.010. EFFECT OF EXPUNCTION. (a) When an order of | ||
| expunction is final under Section 58.009: | ||
| (1) the release, maintenance, dissemination, or use of | ||
| the expunged records and files for any purpose is prohibited; and | ||
| (2) except as provided by Subsection (b), the person | ||
| may deny the occurrence of the deferred prosecution and the | ||
| existence of the expunction order. | ||
| (b) A person whose records are expunged or any other person, | ||
| when questioned under oath in a criminal proceeding about the | ||
| deferred prosecution or the existence of the expunction order, may | ||
| state only that the matter in question has been expunged. | ||
| Sec. 58.011. VIOLATION OF EXPUNCTION ORDER. (a) A person | ||
| commits an offense if the person: | ||
| (1) acquires knowledge of a deferred prosecution of a | ||
| child under Section 53.03 while acting as a public officer, | ||
| employee, or agent; | ||
| (2) knows of an order expunging the records and files | ||
| relating to the deferred prosecution; and | ||
| (3) knowingly releases, disseminates, or otherwise | ||
| uses the information, records, or files. | ||
| (b) A person commits an offense if the person: | ||
| (1) is ordered by a court to return or to destroy | ||
| identifying portions of a record or file ordered expunged under | ||
| Section 58.009; and | ||
| (2) knowingly fails to return or destroy the record or | ||
| file. | ||
| (c) An offense under this section is a Class B misdemeanor. | ||
| SECTION 2. This Act takes effect September 1, 2013. | ||
