HBA-LCA S.B. 422 76(R) BILL ANALYSIS Office of House Bill AnalysisS.B. 422 By: Harris Juvenile Justice & Family Issues 4/16/1999 Engrossed BACKGROUND AND PURPOSE Chapter 58, Family Code, establishes the procedures for sealing juvenile records. However, no provisions currently exist to specify the time in which such records must be sent to a court, or the procedure an agency or institution must follow if insufficient information exists to seal the record. S.B. 422 requires records to be sealed, and related references in indexes to be deleted, within 61 days of the request, and requires verification that those references have been deleted. This bill also requires the court to notify, within 61 days, an agency or institution of its inability to seal a record because of insufficient or incorrect information. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 58.003, Family Code, by amending Subsection (g) and adding Subsection (o), as follows: (g) Requires that, on entry of an order for the sealing of a juvenile record, or records of a public or private institution or agency, all records ordered sealed (records) be sent to the court issuing the order within 61 days of the date the order is received. Requires that all index references to records be deleted, and that a verification of the deletion be sent to the court issuing the order with 61 days of the date the order was issued. (o) Requires an agency or official to notify the court issuing the order within 61 days of the date the order was issued if the agency or official is unable to seal the records because of incorrect or insufficient information in the order, Requires the court to notify the person who made the application, or the person who is the subject of the records, or that person's attorney, within 61 days of receipt of notice that the records cannot be sealed because of incorrect or insufficient information in the order. SECTION 2. (a) Effective date: September 1, 1999. (b) Provides that this Act applies only to an order to seal records under Section 58.003, Family Code, entered on or after the effective date of this Act. SECTION 3. Emergency clause.