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A BILL TO BE ENTITLED
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AN ACT
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relating to the sealing in certain cases of juvenile records of |
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adjudications of delinquent conduct or conduct indicating a need |
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for supervision and access by certain persons to sealed juvenile |
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records. |
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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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amending Subsections (a), (e), (f), (g), and (h) and adding |
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Subsections (a-1), (a-2), and (a-3) to read as follows: |
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(a) Except as provided by Subsections (b) and (c), on the |
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application of a person who has been found to have engaged in |
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delinquent conduct or conduct indicating a need for supervision[,] |
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or who was [a person] taken into custody to determine whether the |
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person engaged in delinquent conduct or conduct indicating a need |
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for supervision or, if the court receives notice under Subsection |
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(a-1) that the person may be eligible to have the person's records |
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sealed, on the juvenile court's own motion, the court shall |
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immediately order the sealing of the person's records [in the case] |
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if the court finds that: |
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(1) either: |
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(A) two years have elapsed since final discharge |
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of the person or since the last official action in the person's case |
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if there was no adjudication; or |
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(B) the person is 17 years of age or older and the |
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person has been finally discharged or the last official action in |
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the person's case has occurred if there was no adjudication; [and] |
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(2) since the time specified in Subdivision (1)(A) or |
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(B), as applicable [(1)], the person has not been convicted of a |
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felony or a misdemeanor involving moral turpitude or found to have |
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engaged in delinquent conduct or conduct indicating a need for |
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supervision and no proceeding is pending seeking conviction or |
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adjudication; and |
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(3) the prosecuting attorney does not object to the |
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sealing of the records under Subsection (a-2). |
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(a-1) Notice to the court that a person may be eligible |
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under Subsection (a) to have the person's records sealed may be |
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provided by: |
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(1) the person or the person's attorney; or |
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(2) a juvenile probation officer or school attendance |
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officer, by signed statement or notarized affidavit. |
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(a-2) On a person becoming eligible under Subsection |
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(a)(1), the court shall: |
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(1) determine whether the person meets the |
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requirements of Subsection (a)(2); and |
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(2) if the person meets the requirements of Subsection |
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(a)(2), provide notice to the prosecuting attorney for the juvenile |
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court in the case that the person's records will be sealed on the |
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expiration of 30 days if no objection is made by the attorney within |
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that time. |
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(a-3) If the prosecuting attorney for the juvenile court in |
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the case objects to sealing the person's records, the court shall |
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hold a hearing to determine if the records should be sealed. |
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(e) The court shall hold a hearing before sealing a person's |
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records under Subsection [(a) or] (c) unless the applicant waives |
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the right to a hearing in writing and the court and the prosecuting |
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attorney for the juvenile court consent. Reasonable notice of the |
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hearing shall be given to: |
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(1) the person who made the application or who is the |
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subject of the records named in the motion; |
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(2) the prosecuting attorney for the juvenile court; |
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(3) the authority granting the discharge if the final |
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discharge was from an institution or from parole; |
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(4) the public or private agency or institution having |
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custody of records named in the application or motion; and |
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(5) the law enforcement agency having custody of files |
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or records named in the application or motion. |
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(f) A copy of the sealing order shall be sent to each agency |
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or official named in the order and to the Department of Public |
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Safety. |
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(g) On entry of the order: |
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(1) all law enforcement, prosecuting attorney, clerk |
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of court, and juvenile court records ordered sealed shall be sent |
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before the 61st day after the date the order is received to the |
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court issuing the order; |
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(2) all records of a public or private agency or |
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institution ordered sealed shall be sent before the 61st day after |
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the date the order is received to the court issuing the order; |
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(3) all index references to the records ordered sealed |
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shall be deleted before the 61st day after the date the order is |
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received, and verification of the deletion shall be sent before the |
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61st day after the date of the deletion to the court issuing the |
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order; |
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(4) the juvenile court, clerk of court, prosecuting |
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attorney, public or private agency or institution, and law |
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enforcement officers and agencies shall properly reply that no |
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record exists with respect to the person on inquiry in any matter; |
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[and] |
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(5) the adjudication shall be vacated and the |
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proceeding dismissed and treated for all purposes other than a |
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subsequent capital prosecution, including the purpose of showing a |
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prior finding of delinquent conduct, as if it had never occurred; |
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and |
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(6) the Department of Public Safety shall certify the |
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records for restricted access under Section 58.203. |
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(h) Inspection or copying of the sealed records may be |
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permitted by an order of the juvenile court on the petition of the |
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person who is the subject of the records and only by those persons |
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named in the order. |
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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 17 years of age, [;
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[(2)] the juvenile case did not include conduct |
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resulting in determinate sentence proceedings in the juvenile court |
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under Section 53.045,[;] and |
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[(3)] the juvenile case was not certified for trial in |
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criminal court under Section 54.02; or |
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(2) the person's records with respect to the juvenile |
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case were sealed under Section 58.003. |
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SECTION 3. The change in law made by this Act applies to the |
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sealing of and restricting or granting access to records in the |
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adjudication of a juvenile case on or after the effective date of |
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this Act, regardless of whether the adjudication occurred before, |
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on, or after the effective date of this Act. |
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SECTION 4. 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, 2015. |