Amend HB 2862 (senate committee printing) as follows:

(1)  In the recital to SECTION 4 of the bill (page 2, lines 23-24), strike "adding Subsection (s)" and substitute "adding Subsections (h-1) and (s) and amending Subsections (k) and (l)".

(2)  Immediately following the recital to SECTION 4 of the bill (page 2, between lines 24 and 25), insert the following:

(k)  The petition and notice requirements of Sections 53.04, 53.05, 53.06, and 53.07 of this code must be satisfied, and the summons must state that the hearing is for the purpose of considering waiver of jurisdiction under Subsection (j) [of this section]. The person's parent, custodian, guardian, or guardian ad litem is not considered a party to a proceeding under Subsection (j) and it is not necessary to provide the parent, custodian, guardian, or guardian ad litem with notice.

(l)  The juvenile court shall conduct a hearing without a jury to consider waiver of jurisdiction under Subsection (j) [of this section]. Except as otherwise provided by this subsection, a waiver of jurisdiction under Subsection (j) may be made without the necessity of conducting the diagnostic study or complying with the requirements of discretionary transfer proceedings under Subsection (d). If requested by the attorney for the person at least 10 days before the transfer hearing, the court shall order that the person be examined pursuant to Section 51.20(a) and that the results of the examination be provided to the attorney for the person and the attorney for the state at least five days before the transfer hearing.

(3)  In SECTION 14 of the bill (page 5, lines 48-59), add the following appropriately lettered subsections to that SECTION and reletter subsequent subsections accordingly:

(_)  Article 4.19, Code of Criminal Procedure, and Section 51.07, Family Code, as amended by this Act, apply to a juvenile case transfer that occurs on or after the effective date of this Act, regardless of whether the delinquent conduct or conduct indicating a need for supervision that is the basis of the case occurred before, on, or after the effective date of this Act.

(_)  Article 24.011, Code of Criminal Procedure, and Section 52.0151, Family Code, as amended by this Act, apply to the detention of a witness that occurs on or after the effective date of this Act, regardless of whether any prior event connected to the proceeding, action, or decision occurred before the effective date of this Act.

(_)  Section 51.072, Family Code, as amended by this Act, applies to a request for interim supervision that is initiated on or after the effective date of this Act, regardless of whether the child was placed on probation before, on, or after the effective date of this Act.

(_)  Section 243.005, Human Resources Code, as amended by this Act, applies to a child who is committed to the Texas Juvenile Justice Department on or after the effective date of this Act, regardless of whether the delinquent conduct or conduct indicating a need for supervision for which the child was committed occurred before, on, or after the effective date of this Act.

(4)  Add the following appropriately numbered SECTIONS to the bill and renumber subsequent SECTIONS of the bill accordingly:

SECTION ____.  Article 4.19, Code of Criminal Procedure, is amended to read as follows:

Art. 4.19.  TRANSFER OF PERSON CERTIFIED TO STAND TRIAL AS AN ADULT [CHILD]. (a)  Notwithstanding the order of a juvenile court to detain a person under the age of 17 who has been certified to stand trial as an adult [child] in a certified juvenile detention facility under Section 54.02(h), Family Code, the judge of the criminal court having jurisdiction over the person [child] may order the person [child] to be transferred to an adult [another] facility [and treated as an adult as provided by this code]. A child who is transferred to an adult facility must be detained under conditions meeting the requirements of Section 51.12, Family Code.

SECTION ____.  Article 24.011, Code of Criminal Procedure, is amended by amending Subsection (c) and adding Subsection (d-1) to read as follows:

(c)  If the witness is in a placement in the custody of the Texas Juvenile Justice Department [Youth Commission], a juvenile secure detention facility, or a juvenile secure correctional facility, the court may issue a bench warrant or direct that an attachment issue to require a peace officer or probation officer to secure custody of the person at the placement and produce the person in court. When the person is no longer needed as a witness or the period prescribed by Subsection (d-1) has expired without extension, the court shall order the peace officer or probation officer to return the person to the placement from which the person was released.

SECTION ____.  Subsection (f), Article 45.0216, Code of Criminal Procedure, is amended to read as follows:

(f)  The court shall order the conviction, together with all complaints, verdicts, sentences, and prosecutorial and law enforcement records, and any other documents relating to the offense, expunged from the person's record if the court finds that:

(1)  for a person applying for the expunction of a conviction for an offense described by Section 8.07(a)(4) or (5), Penal Code, the person was not convicted of any other offense described by Section 8.07(a)(4) or (5), Penal Code, while the person was a child; and

(2)  for a person applying for the expunction of a conviction for an offense described by Section 43.261, Penal Code, the person was not found to have engaged in conduct indicating a need for supervision described by Section 51.03(b)(8) [51.03(b)(7)], Family Code, while the person was a child.

SECTION ____.  Subsection (b), Section 51.03, Family Code, as amended by Chapters 1150 (H.B. 2015) and 1322 (S.B. 407), Acts of the 82nd Legislature, Regular Session, 2011, is reenacted and amended to read as follows:

(b)  Conduct indicating a need for supervision is:

(1)  subject to Subsection (f), conduct, other than a traffic offense, that violates:

(A)  the penal laws of this state of the grade of misdemeanor that are punishable by fine only; or

(B)  the penal ordinances of any political subdivision of this state;

(2)  the absence of a child on 10 or more days or parts of days within a six-month period in the same school year or on three or more days or parts of days within a four-week period from school;

(3)  the voluntary absence of a child from the child's home without the consent of the child's parent or guardian for a substantial length of time or without intent to return;

(4)  conduct prohibited by city ordinance or by state law involving the inhalation of the fumes or vapors of paint and other protective coatings or glue and other adhesives and the volatile chemicals itemized in Section 485.001, Health and Safety Code;

(5)  an act that violates a school district's previously communicated written standards of student conduct for which the child has been expelled under Section 37.007(c), Education Code;

(6)  conduct that violates a reasonable and lawful order of a court entered under Section 264.305; [or]

(7)  notwithstanding Subsection (a)(1), conduct described by Section 43.02(a)(1) or (2), Penal Code; or

(8)  notwithstanding Subsection (a)(1), [(7)] conduct that violates Section 43.261, Penal Code.

SECTION ____.  Section 51.0412, Family Code, is amended to read as follows:

Sec. 51.0412.  JURISDICTION OVER INCOMPLETE PROCEEDINGS. The court retains jurisdiction over a person, without regard to the age of the person, who is a respondent in an adjudication proceeding, a disposition proceeding, a proceeding to modify disposition, a proceeding for waiver of jurisdiction and transfer to criminal court under Section 54.02(a), or a motion for transfer of determinate sentence probation to an appropriate district court if:

(1)  the petition or motion [to modify] was filed while the respondent was younger than 18 [years of age] or [the motion for transfer was filed while the respondent was younger than] 19 years of age, as applicable;

(2)  the proceeding is not complete before the respondent becomes 18 or 19 years of age, as applicable; and

(3)  the court enters a finding in the proceeding that the prosecuting attorney exercised due diligence in an attempt to complete the proceeding before the respondent became 18 or 19 years of age, as applicable.

SECTION ____.  Section 51.07, Family Code, is amended to read as follows:

Sec. 51.07.  TRANSFER TO ANOTHER COUNTY FOR DISPOSITION. (a)  When a child has been found to have engaged in delinquent conduct or conduct indicating a need for supervision under Section 54.03, the juvenile court may transfer the case and transcripts of records and documents to the juvenile court of the county where the child resides for disposition of the case under Section 54.04. Consent by the court of the county where the child resides is not required.

SECTION ____.  Section 51.072, Family Code, is amended by amending Subsection (f) and adding Subsections (f-2), (j-1), and (j-2) to read as follows:

(f)  Not later than 10 business days after a receiving county has agreed to provide interim supervision of a child, the juvenile probation department of the sending county shall provide the juvenile probation department of the receiving county with a copy of the following documents:

(1)  the petition and the adjudication and disposition orders for the child, including the child's thumbprint;

(2)  the child's conditions of probation;

(3)  the social history report for the child;

(4)  any psychological or psychiatric reports concerning the child;

(5)  the Department of Public Safety CR 43J form or tracking incident number concerning the child;

(6)  any law enforcement incident reports concerning the offense for which the child is on probation;

(7)  any sex offender registration information concerning the child;

(8)  any juvenile probation department progress reports concerning the child and any other pertinent documentation for the child's probation officer;

(9)  case plans concerning the child;

(10)  the Texas Juvenile Justice Department [Probation Commission] standard assessment tool results for the child;

(11)  the computerized referral and case history for the child, including case disposition;

(12)  the child's birth certificate;

(13)  the child's social security number or social security card, if available;

(14)  the name, address, and telephone number of the contact person in the sending county's juvenile probation department;

(15)  Title IV-E eligibility screening information for the child, if available;

(16)  the address in the sending county for forwarding funds collected to which the sending county is entitled;

(17)  any of the child's school or immunization records that the juvenile probation department of the sending county possesses; [and]

(18)  any victim information concerning the case for which the child is on probation; and

(19)  if applicable, documentation that the sending county has required the child to provide a DNA sample to the Department of Public Safety under Section 54.0405 or 54.0409 or under Subchapter G, Chapter 411, Government Code.

SECTION ____.  Subsections (d) and (e), Section 51.13, Family Code, are amended to read as follows:

(d)  An adjudication under Section 54.03 that a child engaged in conduct that occurred on or after January 1, 1996, and that constitutes a felony offense resulting in commitment to the Texas Juvenile Justice Department [Youth Commission] under Section 54.04(d)(2), (d)(3), or (m) or 54.05(f) is a final felony conviction only for the purposes of Sections 12.42(a), (b), and (c)(1), [and (e),] Penal Code.

(e)  A finding that a child engaged in conduct indicating a need for supervision as described by Section 51.03(b)(8) [51.03(b)(7)] is a conviction only for the purposes of Sections 43.261(c) and (d), Penal Code.

SECTION ____.  Subsection (c), Section 51.17, Family Code, is amended to read as follows:

(c)  Except as otherwise provided by this title, the Texas Rules of Evidence applicable [apply] to criminal cases and Articles 33.03 and 37.07 and Chapter 38, Code of Criminal Procedure, apply in a judicial proceeding under this title.

SECTION ____.  Section 52.0151, Family Code, is amended by amending Subsection (a) and adding Subsection (c) to read as follows:

(a)  If a witness is in a placement in the custody of the Texas Juvenile Justice Department [Youth Commission], a juvenile secure detention facility, or a juvenile secure correctional facility, the court may issue a bench warrant or direct that an attachment issue to require a peace officer or probation officer to secure custody of the person at the placement and produce the person in court.  Once the person is no longer needed as a witness or the period prescribed by Subsection (c) has expired without extension, the court shall order the peace officer or probation officer to return the person to the placement from which the person was released.

SECTION ____.  The heading to Section 53.045, Family Code, is amended to read as follows:

Sec. 53.045.  OFFENSES ELIGIBLE FOR DETERMINATE SENTENCE [VIOLENT OR HABITUAL OFFENDERS].

SECTION ____.  Subsection (e), Section 54.011, Family Code, is amended to read as follows:

(e)  A status offender may be detained for a necessary period, not to exceed the period allowed under the Interstate Compact for Juveniles [five days], to enable the child's return to the child's home in another state under Chapter 60.

SECTION ____.  Subsection (a), Section 54.0404, Family Code, is amended to read as follows:

(a)  If a child is found to have engaged in conduct indicating a need for supervision described by Section 51.03(b)(8) [51.03(b)(7)], the juvenile court may enter an order requiring the child to attend and successfully complete an educational program described by Section 37.218, Education Code, or another equivalent educational program.

SECTION ____.  The heading to Section 56.03, Family Code, is amended to read as follows:

Sec. 56.03.  APPEAL BY STATE IN CASES OF OFFENSES ELIGIBLE FOR DETERMINATE SENTENCE [VIOLENT OR HABITUAL OFFENDER].

SECTION ____.  Subsection (c-3), Section 58.003, Family Code, as added by Chapter 1322 (S.B. 407), Acts of the 82nd Legislature, Regular Session, 2011, is redesignated as Subsection (c-5), Section 58.003, Family Code, to read as follows:

(c-5) [(c-3)]  Notwithstanding Subsections (a) and (c) and subject to Subsection (b), a juvenile court may order the sealing of records concerning a child found to have engaged in conduct indicating a need for supervision that violates Section 43.261, Penal Code, or taken into custody to determine whether the child engaged in conduct indicating a need for supervision that violates Section 43.261, Penal Code, if the child attends and successfully completes an educational program described by Section 37.218, Education Code, or another equivalent educational program.  The court may:

(1)  order the sealing of the records immediately and without a hearing; or

(2)  hold a hearing to determine whether to seal the records.

SECTION ____.  Subsection (c-4), Section 58.003, Family Code, as added by Chapter 1322 (S.B. 407), Acts of the 82nd Legislature, Regular Session, 2011, is redesignated as Subsection (c-6), Section 58.003, Family Code, and amended to read as follows:

(c-6) [(c-4)]  A prosecuting attorney or juvenile probation department may maintain until a child's 17th birthday a separate record of the child's name and date of birth and the date on which the child successfully completed the educational program, if the child's records are sealed under Subsection (c-5) [(c-3)].  The prosecuting attorney or juvenile probation department, as applicable, shall send the record to the court as soon as practicable after the child's 17th birthday to be added to the child's other sealed records.

SECTION ____.  Subsection (d), Section 58.003, Family Code, as amended by Chapters 1150 (H.B. 2015) and 1322 (S.B. 407), Acts of the 82nd Legislature, Regular Session, 2011, is reenacted and amended to read as follows:

(d)  The court may grant to a child the relief authorized in Subsection (a), (c-1), [or] (c-3), or (c-5) at any time after final discharge of the child or after the last official action in the case if there was no adjudication, subject, if applicable, to Subsection (e).  If the child is referred to the juvenile court for conduct constituting any offense and at the adjudication hearing the child is found to be not guilty of each offense alleged, the court shall immediately and without any additional hearing order the sealing of all files and records relating to the case.

SECTION ____.  Subsection (g-1), Section 58.003, Family Code, is amended to read as follows:

(g-1)  Statistical data [Any records] collected or maintained by the Texas Juvenile Justice Department, including statistical data submitted under Section 221.007, Human Resources Code, is [are] not subject to a sealing order issued under this section.

SECTION ____.  Subsection (a), Section 58.203, Family Code, is amended to read as follows:

(a)  The department shall certify to the juvenile probation department to which a referral was made that resulted in information being submitted to the juvenile justice information system that the records relating to a person's juvenile case are subject to automatic restriction of access if:

(1)  the person is at least 17 years of age;

(2)  the juvenile case did not include [violent or habitual felony] conduct resulting in determinate sentence proceedings in the juvenile court under Section 53.045; and

(3)  the juvenile case was not certified for trial in criminal court under Section 54.02.

SECTION ____.  Subsection (b), Section 58.204, Family Code, is amended to read as follows:

(b)  On certification of records in a case under Section 58.203, the department may permit access to the information in the juvenile justice information system relating to the case of an individual only:

(1)  by a criminal justice agency for a criminal justice purpose, as those terms are defined by Section 411.082, Government Code; [or]

(2)  for research purposes, by the Texas Juvenile Justice Department;

(5)  with the permission of the juvenile court, by a party to a civil suit if the person who is the subject of the records has put facts relating to the person's records at issue in the suit [Probation Commission, the Texas Youth Commission, or the Criminal Justice Policy Council].

SECTION ____.  Section 58.207, Family Code, is amended to read as follows:

Sec. 58.207.  JUVENILE COURT ORDERS ON CERTIFICATION. (a)  On certification of records in a case under Section 58.203, the juvenile court shall order:

(1)  that the following records relating to the case may be accessed only as provided by Section 58.204(b):

(A)  if the respondent was committed to the Texas Juvenile Justice Department [Youth Commission], records maintained by the department [commission];

(B)  records maintained by the juvenile probation department;

(C)  records maintained by the clerk of the court;

(D)  records maintained by the prosecutor's office; and

(E)  records maintained by a law enforcement agency; and

(2)  the juvenile probation department to make a reasonable effort to notify the person who is the subject of records for which access has been restricted of the action restricting access and the legal significance of the action for the person, but only if the person has requested the notification in writing and has provided the juvenile probation department with a current address.

(b)  Except as provided by Subsection (c), on [On] receipt of an order under Subsection (a)(1), the agency maintaining the records:

(1)  may allow access only as provided by Section 58.204(b); and

(2)  shall respond to a request for information about the records by stating that the records do not exist.

SECTION ____.  Section 58.209, Family Code, is amended to read as follows:

Sec. 58.209.  INFORMATION TO CHILD BY PROBATION OFFICER OR TEXAS JUVENILE JUSTICE DEPARTMENT [YOUTH COMMISSION]. (a)  When a child is placed on probation for an offense that may be eligible for automatic restricted access at age 17 or when a child is received by the Texas Juvenile Justice Department [Youth Commission] on an indeterminate commitment, a probation officer or an official at the Texas Juvenile Justice Department [Youth Commission] reception center, as soon as practicable, shall explain the substance of the following information to the child:

(1)  if the child was adjudicated as having committed delinquent conduct for a felony or jailable misdemeanor, that the child probably has a juvenile record with the department and the Federal Bureau of Investigation;

(2)  that the child's juvenile record is a permanent record that is not destroyed or erased unless the record is eligible for sealing and the child or the child's family hires a lawyer and files a petition in court to have the record sealed;

(3)  that the child's juvenile record, other than treatment records made confidential by law, can be accessed by police, sheriff's officers, prosecutors, probation officers, correctional officers, and other criminal and juvenile justice officials in this state and elsewhere;

(4)  that the child's juvenile record, other than treatment records made confidential by law, can be accessed by employers, educational institutions, licensing agencies, and other organizations when the child applies for employment or educational programs;

(5)  if the child's juvenile record is placed on restricted access when the child becomes 17 years of age, that access will be denied to employers, educational institutions, and others except for criminal justice agencies; [and]

(6)  that restricted access does not require any action by the child or the child's family, including the filing of a petition or hiring of a lawyer, but occurs automatically at age 17; and

(7)  that if the child is under the jurisdiction of the juvenile court or the Texas Juvenile Justice Department on or after the child's 17th birthday, the law regarding restricted access will not apply until the person is discharged from the jurisdiction of the court or department, as appropriate.

(b)  The probation officer or Texas Juvenile Justice Department [Youth Commission] official shall:

(1)  give the child a written copy of the explanation provided; and

(2)  communicate the same information to at least one of the child's parents or, if none can be found, to the child's guardian or custodian.

(c)  The Texas Juvenile Justice Department [Probation Commission and the Texas Youth Commission] shall adopt rules to implement this section and to facilitate the effective explanation of the information required to be communicated by this section.

SECTION ____.  Subsection (a), Section 23.101, Government Code, is amended to read as follows:

(a)  The trial courts of this state shall regularly and frequently set hearings and trials of pending matters, giving preference to hearings and trials of the following:

(1)  temporary injunctions;

(2)  criminal actions, with the following actions given preference over other criminal actions:

(A)  criminal actions against defendants who are detained in jail pending trial;

(B)  criminal actions involving a charge that a person committed an act of family violence, as defined by Section 71.004, Family Code;

(C)  an offense under:

(i)  Section 21.02 or 21.11, Penal Code;

(ii)  Chapter 22, Penal Code, if the victim of the alleged offense is younger than 17 years of age;

(iii)  Section 25.02, Penal Code, if the victim of the alleged offense is younger than 17 years of age;

(iv)  Section 25.06, Penal Code;

(v)  Section 43.25, Penal Code; or

(vi)  Section 20A.03, Penal Code;

(D)  an offense described by Article 62.001(6)(C) or (D), Code of Criminal Procedure; and

(E)  criminal actions against persons [children] who are detained as provided by Section 51.12, Family Code, after transfer for prosecution in criminal court under Section 54.02, Family Code;

(3)  election contests and suits under the Election Code;

(4)  orders for the protection of the family under Subtitle B, Title 4, Family Code;

(5)  appeals of final rulings and decisions of the division of workers' compensation of the Texas Department of Insurance regarding workers' compensation claims and claims under the Federal Employers' Liability Act and the Jones Act;

(6)  appeals of final orders of the commissioner of the General Land Office under Section 51.3021, Natural Resources Code;

(7)  actions in which the claimant has been diagnosed with malignant mesothelioma, other malignant asbestos-related cancer, malignant silica-related cancer, or acute silicosis; and

(8)  appeals brought under Section 42.01 or 42.015, Tax Code, of orders of appraisal review boards of appraisal districts established for counties with a population of less than 175,000.

SECTION ____.  Section 243.005, Human Resources Code, is amended to read as follows:

Sec. 243.005.  INFORMATION PROVIDED BY COMMITTING COURT. In addition to the information provided under Section 243.004, a court that commits a child to the department shall provide the department with a copy of the following documents:

(1)  the petition and the adjudication and disposition orders for the child, including the child's thumbprint;

(2)  if the commitment is a result of revocation of probation, a copy of the conditions of probation and the revocation order;

(3)  the social history report for the child;

(4)  any psychological or psychiatric reports concerning the child;

(5)  the contact information sheet for the child's parents or guardian;

(6)  any law enforcement incident reports concerning the offense for which the child is committed;

(7)  any sex offender registration information concerning the child;

(8)  any juvenile probation department progress reports concerning the child;

(9)  any assessment documents concerning the child;

(10)  the computerized referral and case history for the child, including case disposition;

(11)  the child's birth certificate;

(12)  the child's social security number or social security card, if available;

(13)  the name, address, and telephone number of the court administrator in the committing county;

(14)  Title IV-E eligibility screening information for the child, if available;

(15)  the address in the committing county for forwarding funds collected to which the committing county is entitled;

(16)  any of the child's school or immunization records that the committing county possesses;

(17)  any victim information concerning the case for which the child is committed; [and]

(18)  any of the child's pertinent medical records that the committing court possesses;

(21)  documentation that the committing court has required the child to provide a DNA sample to the Department of Public Safety.

SECTION ____.  The heading to Section 244.014, Human Resources Code, is amended to read as follows:

Sec. 244.014.  REFERRAL OF DETERMINATE SENTENCE [VIOLENT AND HABITUAL] OFFENDERS FOR TRANSFER.

SECTION ____.  To the extent of any conflict, this Act prevails over another Act of the 83rd Legislature, Regular Session, 2013, relating to nonsubstantive additions to and corrections in enacted codes.