By: Harris S.B. No. 422 A BILL TO BE ENTITLED AN ACT 1-1 relating to the sealing of juvenile records. 1-2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-3 SECTION 1. Section 58.003, Family Code, is amended by 1-4 amending Subsection (g) and adding Subsection (o) to read as 1-5 follows: 1-6 (g) On entry of the order: 1-7 (1) all law enforcement, prosecuting attorney, clerk 1-8 of court, and juvenile court records ordered sealed shall be sent 1-9 before the 61st day after the date the order is received to the 1-10 court issuing the order; 1-11 (2) all records of a public or private agency or 1-12 institution ordered sealed shall be sent before the 61st day after 1-13 the date the order is received to the court issuing the order; 1-14 (3) all index references to the records ordered sealed 1-15 shall be deleted before the 61st day after the date the order is 1-16 received, and verification of the deletion shall be sent before the 1-17 61st day after the date of the deletion to the court issuing the 1-18 order; 1-19 (4) the juvenile court, clerk of court, prosecuting 1-20 attorney, public or private agency or institution, and law 1-21 enforcement officers and agencies shall properly reply that no 1-22 record exists with respect to the person on inquiry in any matter; 1-23 and 1-24 (5) the adjudication shall be vacated and the 2-1 proceeding dismissed and treated for all purposes other than a 2-2 subsequent capital prosecution, including the purpose of showing a 2-3 prior finding of delinquent conduct, as if it had never occurred. 2-4 (o) An agency or official named in the order that cannot 2-5 seal the records because there is incorrect or insufficient 2-6 information in the order shall notify the court issuing the order 2-7 before the 61st day after the date the agency or official receives 2-8 the order. The court shall notify the person who made the 2-9 application or who is the subject of the records named in the 2-10 motion, or the attorney for that person, before the 61st day after 2-11 the date the court receives the notice that the agency or official 2-12 cannot seal the records because there is incorrect or insufficient 2-13 information in the order. 2-14 SECTION 2. (a) This Act takes effect September 1, 1999. 2-15 (b) This Act applies only to an order to seal records under 2-16 Section 58.003, Family Code, entered on or after the effective date 2-17 of this Act. 2-18 SECTION 3. The importance of this legislation and the 2-19 crowded condition of the calendars in both houses create an 2-20 emergency and an imperative public necessity that the 2-21 constitutional rule requiring bills to be read on three several 2-22 days in each house be suspended, and this rule is hereby suspended.