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Senate Bill 1304 |
Senate Author: Perry et al. |
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Effective: 9-1-17 |
House Sponsor: White |
Senate Bill 1304 amends the Code of Criminal Procedure, Family Code, and Government Code to clarify the circumstances under which law enforcement may photograph or fingerprint a child. The bill sets out provisions relating to the creation, storage, and confidentiality and disclosure of juvenile records. The bill establishes a new process by which a person referred for delinquent conduct is entitled to the automatic sealing of the person's juvenile records and requires the Department of Public Safety to certify the person's eligibility for the automatic sealing of the records. The bill establishes separate procedures by which a person not eligible for such automatic sealing may have the person's juvenile records sealed and the steps to be taken by the Texas Juvenile Justice Department and the juvenile courts once the order to seal the records is obtained. The bill requires a child referred to the juvenile probation department and the child's parent, guardian, or custodian to be given a written explanation regarding sealing of records. The bill sets out the persons who may authorize the destruction of records in a closed juvenile matter and the conditions under which records must or may be destroyed, as applicable. The bill establishes that records contained in the juvenile justice information system are not subject to an order of expunction issued by any court.