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A BILL TO BE ENTITLED
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AN ACT
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relating to the notice given a juvenile concerning the sealing of |
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the juvenile's records in a juvenile adjudication. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 54.04(h), Family Code, is amended to |
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read as follows: |
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(h) At the conclusion of the disposition [dispositional] |
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hearing, the court shall inform the child of: |
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(1) the child's right to appeal, as required by Section |
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56.01; and |
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(2) the procedures for, and the effect of, the sealing |
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of the child's records under Section 58.003. |
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SECTION 2. Sections 58.003(i) and (j), Family Code, are |
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amended to read as follows: |
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(i) On the final discharge of a child or on the last official |
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action in the case if there is no adjudication, the child shall be |
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given: |
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(1) a written explanation of the child's rights under |
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this section and the effect of sealing a child's records under this |
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section; and |
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(2) a copy of the provisions of this section. |
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(j) A person whose records have been sealed under this |
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section is not required in any proceeding or in any application for |
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employment, information, or licensing to state that the person has |
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been found to have engaged in conduct indicating a need of |
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supervision or delinquent conduct or has been the subject of a |
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proceeding under this title, and any statement that the person has |
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never been found to be a child in need of supervision or a |
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delinquent child may [shall] never be held against the person in any |
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criminal or civil proceeding. |
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SECTION 3. Sections 54.04(h) and 58.003(i) and (j), Family |
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Code, as amended by this Act, apply to a disposition hearing held on |
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or after the effective date of this Act and to the sealing of |
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records in the adjudication of a juvenile case on or after the |
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effective date of this Act, regardless of whether the conduct that |
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is the subject to the disposition hearing, or the adjudication the |
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records of which are being sealed, occurs before, on, or after the |
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effective date of this Act. |
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SECTION 4. This Act takes effect September 1, 2011. |