1-1 By: Harris S.B. No. 422 1-2 (In the Senate - Filed February 5, 1999; February 9, 1999, 1-3 read first time and referred to Committee on Jurisprudence; 1-4 March 17, 1999, reported favorably by the following vote: Yeas 4, 1-5 Nays 0; March 17, 1999, sent to printer.) 1-6 A BILL TO BE ENTITLED 1-7 AN ACT 1-8 relating to the sealing of juvenile records. 1-9 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-10 SECTION 1. Section 58.003, Family Code, is amended by 1-11 amending Subsection (g) and adding Subsection (o) to read as 1-12 follows: 1-13 (g) On entry of the order: 1-14 (1) all law enforcement, prosecuting attorney, clerk 1-15 of court, and juvenile court records ordered sealed shall be sent 1-16 before the 61st day after the date the order is received to the 1-17 court issuing the order; 1-18 (2) all records of a public or private agency or 1-19 institution ordered sealed shall be sent before the 61st day after 1-20 the date the order is received to the court issuing the order; 1-21 (3) all index references to the records ordered sealed 1-22 shall be deleted before the 61st day after the date the order is 1-23 received, and verification of the deletion shall be sent before the 1-24 61st day after the date of the deletion to the court issuing the 1-25 order; 1-26 (4) the juvenile court, clerk of court, prosecuting 1-27 attorney, public or private agency or institution, and law 1-28 enforcement officers and agencies shall properly reply that no 1-29 record exists with respect to the person on inquiry in any matter; 1-30 and 1-31 (5) the adjudication shall be vacated and the 1-32 proceeding dismissed and treated for all purposes other than a 1-33 subsequent capital prosecution, including the purpose of showing a 1-34 prior finding of delinquent conduct, as if it had never occurred. 1-35 (o) An agency or official named in the order that cannot 1-36 seal the records because there is incorrect or insufficient 1-37 information in the order shall notify the court issuing the order 1-38 before the 61st day after the date the agency or official receives 1-39 the order. The court shall notify the person who made the 1-40 application or who is the subject of the records named in the 1-41 motion, or the attorney for that person, before the 61st day after 1-42 the date the court receives the notice that the agency or official 1-43 cannot seal the records because there is incorrect or insufficient 1-44 information in the order. 1-45 SECTION 2. (a) This Act takes effect September 1, 1999. 1-46 (b) This Act applies only to an order to seal records under 1-47 Section 58.003, Family Code, entered on or after the effective date 1-48 of this Act. 1-49 SECTION 3. The importance of this legislation and the 1-50 crowded condition of the calendars in both houses create an 1-51 emergency and an imperative public necessity that the 1-52 constitutional rule requiring bills to be read on three several 1-53 days in each house be suspended, and this rule is hereby suspended. 1-54 * * * * *