By Harris                                              S.B. No. 422
         76R4125 DAK-F                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the sealing of juvenile records.
 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-4           SECTION 1.  Section 58.003, Family Code, is amended by
 1-5     amending Subsection (g) and adding Subsection (o) to read as
 1-6     follows:
 1-7           (g)  On entry of the order:
 1-8                 (1)  all law enforcement, prosecuting attorney, clerk
 1-9     of court, and juvenile court records ordered sealed shall be sent
1-10     before the 61st day after the date the order is received to the
1-11     court issuing the order;
1-12                 (2)  all records of a public or private agency or
1-13     institution ordered sealed shall be sent before the 61st day after
1-14     the date the order is received to the court issuing the order;
1-15                 (3)  all index references to the records ordered sealed
1-16     shall be deleted before the 61st day after the date the order is
1-17     received and verification of the deletion shall be sent before the
1-18     61st day after the date of the deletion to the court issuing the
1-19     order;
1-20                 (4)  the juvenile court, clerk of court, prosecuting
1-21     attorney, public or private agency or institution, and law
1-22     enforcement officers and agencies shall properly reply that no
1-23     record exists with respect to the person on inquiry in any matter;
1-24     and
 2-1                 (5)  the adjudication shall be vacated and the
 2-2     proceeding dismissed and treated for all purposes other than a
 2-3     subsequent capital prosecution, including the purpose of showing a
 2-4     prior finding of delinquent conduct, as if it had never occurred.
 2-5           (o)  An agency or official named in the order that cannot
 2-6     seal the records because there is incorrect or insufficient
 2-7     information in the order shall notify the court issuing the order
 2-8     before the 61st day after the date the agency or official receives
 2-9     the order.  The court shall notify the person who made the
2-10     application or who is the subject of the records named in the
2-11     motion, or the attorney for that person, before the 61st day after
2-12     the date the court receives the notice that the agency or official
2-13     cannot seal the records because there is incorrect or insufficient
2-14     information in the order.
2-15           SECTION 2.  (a)  This Act takes effect September 1, 1999.
2-16           (b)  This Act applies only to an order to seal records under
2-17     Section 58.003, Family Code, entered on or after the effective date
2-18     of this Act.
2-19           SECTION 3.  The importance of this legislation and the
2-20     crowded condition of the calendars in both houses create an
2-21     emergency and an imperative public necessity that the
2-22     constitutional rule requiring bills to be read on three several
2-23     days in each house be suspended, and this rule is hereby suspended.