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.