SRC-JBJ S.B. 422 76(R)   BILL ANALYSIS


Senate Research Center   S.B. 422
76R4125 DAK-FBy: Harris
Jurisprudence
2/11/1999
As Filed


DIGEST 

Currently, Section 58.003, Family Code, provides extensive procedures for
sealing a juvenile record. Nevertheless, no procedure exists on how soon
records should be sent to the court and with what procedure an agency
should follow if insufficient information exists to seal the record.  S.B.
422 would require records and their related indexes to be sealed within 61
days of the request, and requires the court to notify, within 61 days, the
appropriate individuals of the inability to seal the records because of
insufficient information. 

PURPOSE

As proposed, S.B. 422 requires records and their related indexes sealed
within 61 days of the request, or notification within 61 days to certain
individuals of the inability to seal the record because of insufficient
information. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 58.003, Family Code, by amending Subsection (g)
and adding Subsection (o), to require certain records ordered sealed to be
sent, before the 61st day after the date the order is received, to the
court issuing the order.  Requires all index references to the sealed
records to be deleted before the 61st day, and verification of the deletion
to be sent to the court issuing the order. Requires an agency which seals
the records to notify the court issuing the order to seal the records that
insufficient information exists to seal the record within 61 days of the
date of the order, at which time the court shall notify within 61 days the
person requesting the sealed records that insufficient information exists.
Makes conforming changes.   

SECTION 2.  Effective date: September 1, 1999.
  Makes application of this Act prospective.

SECTION 3.Emergency clause.