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A BILL TO BE ENTITLED
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AN ACT
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relating to the sealing of the records of juveniles who are the |
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victims of human trafficking and have been adjudicated to have |
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engaged in certain delinquent conduct. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 58.003, Family Code, is amended by |
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adding Subsections (c-3) and (c-4) and amending Subsection (d) to |
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read as follows: |
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(c-3) This subsection applies only to a child who is the |
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victim of an offense under Section 20A.02, Penal Code, or is |
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otherwise described as a victim by Article 42.0191, Code of |
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Criminal Procedure. Notwithstanding Subsections (a) and (c) and |
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subject to Subsection (b), a juvenile court shall order the sealing |
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of records concerning a child adjudicated as having engaged in |
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delinquent conduct that violated a provision of Chapter 43, Penal |
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Code, when the child, as applicable, successfully completes the |
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term of the child's probation or is discharged from the Texas Youth |
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Commission. The court shall order the sealing of the records |
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immediately and without a hearing. |
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(c-4) A prosecuting attorney or juvenile probation |
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department may maintain until a child's 17th birthday a separate |
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record of the child's name and date of birth and the date the child |
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successfully completed the term of the child's probation or was |
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discharged from the Texas Youth Commission, if the child's records |
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are sealed under Subsection (c-3). The prosecuting attorney or |
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juvenile probation department, as applicable, shall send the record |
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to the court as soon as practicable after the child's 17th birthday |
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to be added to the child's other sealed records. |
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(d) The court may grant the relief authorized in Subsection |
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(a), [or] (c-1), or (c-3) at any time after final discharge of the |
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person or after the last official action in the case if there was no |
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adjudication, subject, if applicable, to Subsection (e). If the |
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child is referred to the juvenile court for conduct constituting |
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any offense and at the adjudication hearing the child is found to be |
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not guilty of each offense alleged, the court shall immediately and |
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without any additional hearing order the sealing of all files and |
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records relating to the case. |
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SECTION 2. The change in law made by this Act applies to the |
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sealing of records in the adjudication of a juvenile case on or |
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after the effective date of this Act, regardless of when the conduct |
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that is the subject of the adjudication occurred. |
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SECTION 3. This Act takes effect September 1, 2011. |