88R11443 MCF-D
 
  By: Miles S.B. No. 1492
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the expunction of records and files related to certain
  conduct or offenses committed by a child.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  The heading to Subchapter C-1, Chapter 58,
  Family Code, is amended to read as follows:
  SUBCHAPTER C-1.  SEALING, EXPUNCTION, AND DESTRUCTION OF JUVENILE
  RECORDS
         SECTION 2.  Subchapter C-1, Chapter 58, Family Code, is
  amended by adding Section 58.2645 to read as follows:
         Sec. 58.2645.  EXPUNCTION OF CERTAIN RECORDS. (a)  
  Notwithstanding any other law, a person who was adjudicated by a
  juvenile court for conduct constituting a misdemeanor may on or
  after the person's 18th birthday apply to the juvenile court to have
  the adjudication expunged.
         (b)  Not later than the 30th day after the date a juvenile
  court receives an application for expunction under Subsection (a),
  the juvenile court shall issue an order of expunction.
         (c)  The Texas Juvenile Justice Department by rule shall
  establish the application process for expunction under this
  section.
         SECTION 3.  Section 58.265, Family Code, is amended to read
  as follows:
         Sec. 58.265.  JUVENILE RECORDS NOT SUBJECT TO EXPUNCTION.  
  Except as provided by Section 58.2645, records [Records] to which
  this chapter applies are not subject to an order of expunction
  issued by any court.
         SECTION 4.  Title 1, Code of Criminal Procedure, is amended
  by adding Chapter 55A to read as follows:
  CHAPTER 55A.  JUVENILE EXPUNCTION PROGRAM
         Art. 55A.001.  APPLICABILITY. This chapter applies only to
  a person who:
               (1)  was convicted for an offense that is a state jail
  felony or a felony of the third degree other than an:
                     (A)  offense involving violence, as defined by
  Article 17.03; or
                     (B)  offense for which an element of the offense
  involves offensive or provocative sexual contact with another;
               (2)  at the time of the offense, was a child, as defined
  by Section 51.02, Family Code;
               (3)  was transferred to a criminal court for
  prosecution as provided by Section 54.02, Family Code; and
               (4)  has completed the person's sentence, including any
  term of confinement imposed and payment of all fines, costs, and
  restitution imposed.
         Art. 55A.002.  EXPUNCTION PROGRAM. (a)  The Texas
  Department of Criminal Justice shall, in consultation with the
  Texas Juvenile Justice Department and juvenile probation
  departments, develop and implement a juvenile expunction program
  under which a person subject to this chapter may have a conviction
  described by Article 55A.001(1) expunged after completion of the
  program.  The program must:
               (1)  be age-appropriate and research-based;
               (2)  provide models for positive behavior; and
               (3)  provide behavior management strategies,
  including:
                     (A)  positive behavioral intervention and
  support;
                     (B)  trauma-informed practices;
                     (C)  social and emotional learning; and
                     (D)  a referral for services, as necessary.
         (b)  The program described by Subsection (a) must be offered
  in every county in this state.  A person may only complete the
  program in the county in which the person was convicted.
         Art. 55A.003.  EXPUNCTION AFTER PROGRAM COMPLETION. (a)  
  Notwithstanding any other law, an eligible person who completes the
  program described by Article 55A.002 is entitled to have all
  records and files related to a conviction described by Article
  55A.001(1) expunged.
         (b)  A person described by Subsection (a) must apply in
  writing to the court in which the person was convicted to have the
  conviction expunged on or after the person's 19th birthday.
         (c)  The request under Subsection (b) must be made under oath
  and include evidence of completion of the program described by
  Article 55A.002.
         (d)  The court shall order all complaints, verdicts,
  sentences, and prosecutorial and law enforcement records and any
  other document relating to the offense expunged from the person's
  record if the court finds that the person completed the program
  described by Article 55A.002.
         Art. 55A.004.  RULES. The Texas Department of Criminal
  Justice shall adopt rules and procedures to implement this chapter.
         SECTION 5.  As soon as practicable after the effective date
  of this Act:
               (1)  the Texas Juvenile Justice Department shall
  establish the application process described by Section 58.2645,
  Family Code, as added by this Act; and
               (2)  the Texas Department of Criminal Justice shall
  adopt rules and procedures necessary to implement Chapter 55A, Code
  of Criminal Procedure, as added by this Act.
         SECTION 6.  The changes in law made by this Act apply to the
  expunction of records and files relating to a criminal offense or
  conduct constituting a criminal offense regardless of whether the
  offense occurred before, on, or after the effective date of this
  Act.
         SECTION 7.  This Act takes effect September 1, 2023.