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AN ACT
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relating to the sealing of certain juvenile records. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 58.003(a), (e), (o), and (p), Family |
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Code, are amended to read as follows: |
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(a) Except as provided by Subsections (b), [and] (c), and |
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(e), the juvenile court shall order the sealing of the records in |
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the case [on the application] of a person who has been found to have |
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engaged in delinquent conduct or conduct indicating a need for |
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supervision, or a person taken into custody to determine whether |
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the person engaged in delinquent conduct or conduct indicating a |
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need for supervision, [on the juvenile court's own motion the court
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shall order the sealing of the records in the case] if [the court
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finds that]: |
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(1) two years have elapsed since final discharge of |
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the person or since the last official action in the person's case if |
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there was no adjudication; and |
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(2) since the time specified in Subdivision (1), the |
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person has not been convicted of a felony or a misdemeanor involving |
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moral turpitude or found to have engaged in delinquent conduct or |
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conduct indicating a need for supervision and no proceeding is |
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pending seeking conviction or adjudication. |
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(e) The court shall give the prosecuting attorney for the |
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juvenile court reasonable notice before a person's records become |
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eligible for sealing under Subsection (a) or (c) and may [shall] |
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hold a hearing before sealing the [a] person's records if [under
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Subsection (a) or (c) unless the applicant waives the right to a
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hearing in writing and the court and] the prosecuting attorney |
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requests a hearing [for the juvenile court consent]. Reasonable |
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notice of the 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 at issue [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 |
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final discharge was from an institution or from parole; |
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(3) [(4)] the public or private agency or institution |
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having custody of the person's records [named in the application or
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motion]; and |
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(4) [(5)] the law enforcement agency having custody of |
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the person's files or records [named in the application or motion]. |
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(o) An agency or official named in the order that cannot |
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seal the records because the information required in the order |
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under Subsection (p) is incorrect or insufficient shall notify the |
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court issuing the order before the 61st day after the date the |
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agency or official receives the order. The court shall notify the |
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person who [made the application or who] is the subject of the |
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records at issue [named in the motion], or the attorney for that |
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person, before the 61st day after the date the court receives the |
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notice that the agency or official cannot seal the records because |
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there is incorrect or insufficient information in the order. |
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(p) A [person who is eligible to seal records may file an
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application for the sealing of records in a juvenile court of the
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county in which the proceedings occurred.
The application and] |
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sealing order entered under this section [on the application] must |
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include the following information or an explanation for why one or |
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more of the following is not included: |
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(1) the person's [applicant's]: |
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(A) full name; |
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(B) sex; |
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(C) race or ethnicity; |
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(D) date of birth; |
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(E) driver's license or identification card |
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number; and |
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(F) social security number; |
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(2) the offense charged against the person [applicant] |
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or for which the person [applicant] was referred to the juvenile |
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justice system; |
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(3) the date on which and the county where the offense |
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was alleged to have been committed; and |
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(4) if a petition was filed in the juvenile court, the |
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cause number assigned to the petition and the court and county in |
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which the petition was filed. |
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SECTION 2. The changes in law made by this Act apply only to |
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the records of a person who becomes eligible for sealing of records |
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under Section 58.003, Family Code, as amended by this Act, on or |
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after the effective date of this Act. The records of a person who |
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was eligible for sealing of records under that section before the |
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effective date of this Act are governed by the law applicable to the |
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records immediately before that date, and the former law is |
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continued in effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2015. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 1707 passed the Senate on |
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April 9, 2015, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 1707 passed the House on |
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May 27, 2015, by the following vote: Yeas 142, Nays 2, two |
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present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |