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.