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