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A BILL TO BE ENTITLED
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AN ACT
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relating to the sealing of and restricted access to juvenile |
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records of adjudications of delinquent conduct or conduct |
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indicating a need for supervision. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 58.003(c), Family Code, is amended to |
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read as follows: |
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(c) Subject to Subsection (b), a court may order the sealing |
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of records concerning a person adjudicated as having engaged in |
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delinquent conduct that violated a penal law of the grade of felony |
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only if: |
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(1) [the person is 21 years of age or older;
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[(2)] the person was not transferred by a juvenile |
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court under Section 54.02 to a criminal court for prosecution; |
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(2) [(3)] the records have not been used as evidence |
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in the punishment phase of a criminal proceeding under Section |
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3(a), Article 37.07, Code of Criminal Procedure; and |
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(3) [(4)] the person has not been convicted of a penal |
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law of the grade of felony after becoming age 17. |
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SECTION 2. Section 58.203(a), Family Code, is amended to |
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read as follows: |
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(a) The department shall certify to the juvenile probation |
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department to which a referral was made that resulted in |
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information being submitted to the juvenile justice information |
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system that the records relating to a person's juvenile case are |
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subject to automatic restriction of access if: |
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(1) the person is at least 19 [21] years of age; |
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(2) the juvenile case did not include violent or |
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habitual felony conduct resulting in proceedings in the juvenile |
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court under Section 53.045; |
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(3) the juvenile case was not certified for trial in |
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criminal court under Section 54.02; and |
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(4) the department has not received a report in its |
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criminal history system that the person was granted deferred |
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adjudication for or convicted of a felony or a misdemeanor |
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punishable by confinement in jail for an offense committed after |
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the person became 17 years of age. |
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SECTION 3. Section 58.209(a), Family Code, is amended to |
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read as follows: |
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(a) When a child is placed on probation for an offense that |
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may be eligible for automatic restricted access at age 19 [21] or |
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when a child is received by the Texas Youth Commission on an |
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indeterminate commitment, a probation officer or an official at the |
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Texas Youth Commission reception center, as soon as practicable, |
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shall explain the substance of the following information to the |
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child: |
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(1) if the child was adjudicated as having committed |
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delinquent conduct for a felony or jailable misdemeanor, that the |
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child probably has a juvenile record with the department and the |
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Federal Bureau of Investigation; |
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(2) that the child's juvenile record is a permanent |
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record that is not destroyed or erased unless the record is eligible |
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for sealing and the child or the child's family hires a lawyer and |
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files a petition in court to have the record sealed; |
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(3) that the child's juvenile record, other than |
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treatment records made confidential by law, can be accessed by |
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police, sheriff's officers, prosecutors, probation officers, |
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correctional officers, and other criminal and juvenile justice |
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officials in this state and elsewhere; |
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(4) that the child's juvenile record, other than |
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treatment records made confidential by law, can be accessed by |
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employers, educational institutions, licensing agencies, and other |
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organizations when the child applies for employment or educational |
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programs; |
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(5) if the child's juvenile record is placed on |
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restricted access when the child becomes 19 [21] years of age, that |
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access will be denied to employers, educational institutions, and |
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others except for criminal justice agencies; |
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(6) that to have the child's juvenile record placed on |
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restricted access at age 19 [21], the child must not: |
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(A) commit a felony or jailable misdemeanor; and |
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(B) receive deferred adjudication for or be |
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convicted in adult court of a felony or jailable misdemeanor; and |
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(7) that restricted access does not require any action |
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by the child or the child's family, including the filing of a |
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petition or hiring of a lawyer, but occurs automatically at age 19 |
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[21] if the child does not commit a criminal offense in the future. |
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SECTION 4. The change in law made by this Act applies to the |
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sealing of and restricting access to records in the adjudication of |
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a juvenile case on or after the effective date of this Act, |
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regardless of whether the adjudication occurred before, on, or |
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after the effective date of this Act. |
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SECTION 5. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2009. |