SECTION 11. Section 58.007,
Family Code, is amended by amending Subsections (a), (b), (g), and (i) and
adding Subsection (b-1) to read as follows:
(a) This section applies
only to the inspection, copying, and maintenance of a [physical]
record [or file] concerning a child and the storage of information,
by electronic means or otherwise, concerning the child from which a physical record or file could be
generated and does not affect the collection, dissemination, or maintenance
of information as provided by Subchapter B or Subchapter D-1. This
section does not apply to a record [or file] relating to a child
that is:
(1) required or authorized
to be maintained under the laws regulating the operation of motor vehicles
in this state;
(2) maintained by a
municipal or justice court; or
(3) subject to disclosure
under Chapter 62, Code of Criminal Procedure.
(b) Except as provided by
Section 54.051(d-1) and by Article 15.27, Code of Criminal Procedure, the
records, whether physical or electronic, [and files] of a
juvenile court, a clerk of court, a juvenile probation department, or a
prosecuting attorney relating to a child who is a party to a proceeding
under this title may be inspected or copied only by:
(1) the judge, probation
officers, and professional staff or consultants of the juvenile court;
(2) a juvenile justice
agency as that term is defined by Section 58.101;
(3) an attorney representing
[for] a party in a [to the] proceeding under this
title;
(4) a person or entity to
whom the child is referred for treatment or services, if the agency or
institution disclosing the information has entered into a written
confidentiality agreement with the person or entity regarding the
protection of the disclosed information;
(5) a public or
private agency or institution providing supervision of the child by
arrangement of the juvenile court, or having custody of the child under
juvenile court order; or
(6) [(5)] with
permission from [leave of] the juvenile court, any other
person, agency, or institution having a legitimate interest in the
proceeding or in the work of the court.
(b-1) A person who is the
subject of the records is entitled to access the records for the purpose of
preparing and presenting a motion or application to seal the records.
(g) For the purpose of
offering a record as evidence in the punishment phase of a criminal
proceeding, a prosecuting attorney may obtain the record of a defendant's
adjudication that is admissible under Section 3(a), Article 37.07, Code of
Criminal Procedure, by submitting a request for the record to the juvenile
court that made the adjudication. If a court receives a request from a
prosecuting attorney under this subsection, the court shall, if the court
possesses the requested record of adjudication, certify and provide the
prosecuting attorney with a copy of the record. If a record has been
sealed under Subchapter C-1, the
juvenile court may not provide a copy of the record to a prosecuting
attorney under this subsection.
(i) In addition to the
authority to release information under Subsection (b)(6) [(b)(5)],
a juvenile probation department may release information contained in its
records without leave of the juvenile court pursuant to guidelines adopted
by the juvenile board.
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SECTION 12. Section 58.007,
Family Code, is amended by amending Subsections (a), (b), (g), and (i) and
adding Subsection (b-1) to read as follows:
(a) This section applies
only to the inspection, copying, and maintenance of a [physical]
record [or file] concerning a child and the storage of information,
by electronic means or otherwise, concerning the child from which a [physical] record [or file]
could be generated and does not affect the collection, dissemination, or
maintenance of information as provided by Subchapter B or D-1. This
section does not apply to a record [or file] relating to a child
that is:
(1) required or authorized
to be maintained under the laws regulating the operation of motor vehicles
in this state;
(2) maintained by a
municipal or justice court; or
(3) subject to disclosure
under Chapter 62, Code of Criminal Procedure.
(b) Except as provided by
Section 54.051(d-1) and by Article 15.27, Code of Criminal Procedure, the
records, whether physical or electronic, [and files] of a
juvenile court, a clerk of court, a juvenile probation department, or a
prosecuting attorney relating to a child who is a party to a proceeding
under this title may be inspected or copied only by:
(1) the judge, probation
officers, and professional staff or consultants of the juvenile court;
(2) a juvenile justice
agency as that term is defined by Section 58.101;
(3) an attorney representing
[for] a party in a [to the] proceeding under this
title;
(4) a person or entity to
whom the child is referred for treatment or services, if the agency or
institution disclosing the information has entered into a written
confidentiality agreement with the person or entity regarding the
protection of the disclosed information;
(5) a public or
private agency or institution providing supervision of the child by
arrangement of the juvenile court, or having custody of the child under
juvenile court order; or
(6) [(5)] with
permission from [leave of] the juvenile court, any other
person, agency, or institution having a legitimate interest in the
proceeding or in the work of the court.
(b-1) A person who is the
subject of the records is entitled to access the records for the purpose of
preparing and presenting a motion or application to seal the records.
(g) For the purpose of
offering a record as evidence in the punishment phase of a criminal
proceeding, a prosecuting attorney may obtain the record of a defendant's
adjudication that is admissible under Section 3(a), Article 37.07, Code of
Criminal Procedure, by submitting a request for the record to the juvenile
court that made the adjudication. If a court receives a request from a
prosecuting attorney under this subsection, the court shall, if the court
possesses the requested record of adjudication, certify and provide the
prosecuting attorney with a copy of the record. If a record has been
sealed under this chapter, the
juvenile court may not provide a copy of the record to a prosecuting
attorney under this subsection.
(i) In addition to the
authority to release information under Subsection (b)(6) [(b)(5)],
a juvenile probation department may release information contained in its
records without leave of the juvenile court pursuant to guidelines adopted
by the juvenile board.
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SECTION 12. Subchapter A,
Chapter 58, Family Code, is amended by adding Section 58.008 to read as
follows:
Sec. 58.008.
CONFIDENTIALITY OF LAW ENFORCEMENT RECORDS. (a) This section applies only
to the inspection, copying, and maintenance of a record concerning a child
and to the storage of information, by electronic means or otherwise,
concerning the child from which a record could be generated and does not
affect the collection, dissemination, or maintenance of information as
provided by Subchapter B. This section does not apply to a record or file relating to a child that is:
(1) required or
authorized to be maintained under the laws regulating the operation of
motor vehicles in this state;
(2) maintained by a
municipal or justice court; or
(3) subject to disclosure
under Chapter 62, Code of Criminal Procedure.
(b) Except as provided by
Subsection (d), law enforcement records concerning a child and information
concerning a child that are stored by electronic means or otherwise and
from which a record could be generated may not be disclosed to the public
and shall be:
(1) if maintained on
paper or microfilm, kept separate from adult records;
(2) if maintained
electronically in the same computer system as adult records, accessible
only under controls that are separate and distinct from the controls to
access electronic data concerning adults; and
(3) maintained on a local
basis only and not sent to a central state or federal depository, except as
provided by Subsection (c) or Subchapter B, D, or E.
(c) The law enforcement records
of a person with a determinate sentence who is transferred to the Texas
Department of Criminal Justice may be transferred to a central state or
federal depository for adult records after the date of transfer and may be
shared in accordance with the laws governing the adult records in the
depository.
(d) Law enforcement
records concerning a child may be inspected or copied by:
(1) a juvenile justice
agency, as defined by Section 58.101;
(2) a criminal justice
agency, as defined by Section 411.082, Government Code;
(3) the child; or
(4) the child's parent or
guardian.
(e) Before a child or a
child's parent or guardian may inspect or copy a record concerning the
child under Subsection (d), the custodian of the record shall redact:
(1) any personally
identifiable information about a juvenile suspect, offender, victim, or
witness who is not the child; and
(2) any information that
is excepted from required disclosure under Chapter 552, Government Code, or
any other law.
(f) If a child has been
reported missing by a parent, guardian, or conservator of that child,
information about the child may be forwarded to and disseminated by the
Texas Crime Information Center and the National Crime Information Center.
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SECTION 13. Subchapter A,
Chapter 58, Family Code, is amended by adding Section 58.008 to read as
follows:
Sec. 58.008.
CONFIDENTIALITY OF LAW ENFORCEMENT RECORDS. (a) This section applies only
to the inspection, copying, and maintenance of a record concerning a child
and to the storage of information, by electronic means or otherwise,
concerning the child from which a record could be generated and does not
affect the collection, dissemination, or maintenance of information as
provided by Subchapter B. This section does not apply to a record relating
to a child that is:
(1) required or
authorized to be maintained under the laws regulating the operation of
motor vehicles in this state;
(2) maintained by a
municipal or justice court; or
(3) subject to disclosure
under Chapter 62, Code of Criminal Procedure.
(b) Except as provided by
Subsection (d), law enforcement records concerning a child and information
concerning a child that are stored by electronic means or otherwise and
from which a record could be generated may not be disclosed to the public
and shall be:
(1) if maintained on
paper or microfilm, kept separate from adult records;
(2) if maintained
electronically in the same computer system as adult records, accessible
only under controls that are separate and distinct from the controls to
access electronic data concerning adults; and
(3) maintained on a local
basis only and not sent to a central state or federal depository, except as
provided by Subsection (c) or Subchapter B, D, or E.
(c) The law enforcement
records of a person with a determinate sentence who is transferred to the
Texas Department of Criminal Justice may be transferred to a central state
or federal depository for adult records after the date of transfer and may
be shared in accordance with the laws governing the adult records in the
depository.
(d) Law enforcement
records concerning a child may be inspected or copied by:
(1) a juvenile justice
agency, as defined by Section 58.101;
(2) a criminal justice
agency, as defined by Section 411.082, Government Code;
(3) the child; or
(4) the child's parent or
guardian.
(e) Before a child or a
child's parent or guardian may inspect or copy a record concerning the
child under Subsection (d), the custodian of the record shall redact:
(1) any personally
identifiable information about a juvenile suspect, offender, victim, or
witness who is not the child; and
(2) any information that
is excepted from required disclosure under Chapter 552, Government Code, or
any other law.
(f) If a child has been
reported missing by a parent, guardian, or conservator of that child,
information about the child may be forwarded to and disseminated by the
Texas Crime Information Center and the National Crime Information Center.
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SECTION 13. Section 58.0072,
Family Code, is redesignated as Section 58.009, Family Code, and amended to
read as follows:
Sec. 58.009 [58.0072].
DISSEMINATION OF JUVENILE JUSTICE INFORMATION BY THE TEXAS JUVENILE
JUSTICE DEPARTMENT. (a) Except as provided by this section, juvenile
justice information collected and maintained by the Texas Juvenile Justice
Department for statistical and research purposes is confidential
information for the use of the department and may not be disseminated by
the department.
(b) Juvenile justice
information consists of information of the type described by Section
58.104, including statistical data in any form or medium collected,
maintained, or submitted to the Texas Juvenile Justice Department under
Section 221.007, Human Resources Code.
(c) The Texas Juvenile
Justice Department may grant the following entities access to juvenile
justice information for research and statistical purposes or for any other
purpose approved by the department:
(1) criminal justice
agencies as defined by Section 411.082, Government Code;
(2) the Texas Education
Agency, as authorized under Section 37.084, Education Code;
(3) any agency under the
authority of the Health and Human Services Commission; or
(4) a public or private
university.
(d) The Texas Juvenile
Justice Department may grant the following entities access to juvenile
justice information only for a purpose beneficial to and approved by the
department to:
(1) a person working on a
research or statistical project that:
(A) is funded in whole or in
part by state or federal funds; and
(B) meets the requirements
of and is approved by the department; or
(2) a person working on a
research or statistical project that:
(A) meets the
requirements of and is approved by the department; and
(B) [governmental
entity that] has a specific agreement with the department that[,
if the agreement]:
(i) [(A)]
specifically authorizes access to information;
(ii) [(B)]
limits the use of information to the purposes for which the information is
given;
(iii) [(C)]
ensures the security and confidentiality of the information; and
(iv) [(D)]
provides for sanctions if a requirement imposed under Subparagraph (i),
(ii), or (iii) [Paragraph (A), (B), or (C)] is violated.
(e) The Texas Juvenile
Justice Department shall grant access to juvenile justice information for
legislative purposes under Section 552.008, Government Code.
(f) The Texas Juvenile
Justice Department may not release juvenile justice information in
identifiable form, except for information released under Subsection (c)(1),
(2), or (3) or under the terms of an agreement entered into under
Subsection (d)(2). For purposes of this subsection, identifiable
information means information that contains a juvenile offender's name or
other personal identifiers or that can, by virtue of sample size or other
factors, be reasonably interpreted as referring to a particular juvenile
offender.
[(g)
The Texas Juvenile Justice Department is not required to release or
disclose juvenile justice information to any person not identified under
this section.]
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SECTION 14. Section 58.0072,
Family Code, is redesignated as Section 58.009, Family Code, and amended to
read as follows:
Sec. 58.009 [58.0072].
DISSEMINATION OF JUVENILE JUSTICE INFORMATION BY THE TEXAS JUVENILE
JUSTICE DEPARTMENT. (a) Except as provided by this section, juvenile
justice information collected and maintained by the Texas Juvenile Justice
Department for statistical and research purposes is confidential
information for the use of the department and may not be disseminated by
the department.
(b) Juvenile justice
information consists of information of the type described by Section
58.104, including statistical data in any form or medium collected,
maintained, or submitted to the Texas Juvenile Justice Department under
Section 221.007, Human Resources Code.
(c) The Texas Juvenile
Justice Department may grant the following entities access to juvenile
justice information for research and statistical purposes or for any other
purpose approved by the department:
(1) criminal justice
agencies as defined by Section 411.082, Government Code;
(2) the Texas Education
Agency, as authorized under Section 37.084, Education Code;
(3) any agency under the
authority of the Health and Human Services Commission; or
(4) a public or private
university.
(d) The Texas Juvenile
Justice Department may grant the following entities access to juvenile
justice information only for a purpose beneficial to and approved by the
department to:
(1) a person working on a
research or statistical project that:
(A) is funded in whole or in
part by state or federal funds; and
(B) meets the requirements
of and is approved by the department; or
(2) a person working on a
research or statistical project that:
(A) meets the
requirements of and is approved by the department; and
(B) [governmental
entity that] has a specific agreement with the department that[,
if the agreement]:
(i) [(A)]
specifically authorizes access to information;
(ii) [(B)]
limits the use of information to the purposes for which the information is
given;
(iii) [(C)]
ensures the security and confidentiality of the information; and
(iv) [(D)]
provides for sanctions if a requirement imposed under Subparagraph (i),
(ii), or (iii) [Paragraph (A), (B), or (C)] is violated.
(e) The Texas Juvenile
Justice Department shall grant access to juvenile justice information for
legislative purposes under Section 552.008, Government Code.
(f) The Texas Juvenile
Justice Department may not release juvenile justice information in
identifiable form, except for information released under Subsection (c)(1),
(2), or (3) or under the terms of an agreement entered into under
Subsection (d)(2). For purposes of this subsection, identifiable
information means information that contains a juvenile offender's name or
other personal identifiers or that can, by virtue of sample size or other
factors, be reasonably interpreted as referring to a particular juvenile
offender.
(g)
Except as provided by Subsection (e), the [The] Texas
Juvenile Justice Department is permitted but not required to release
or disclose juvenile justice information to any person [not]
identified under this section.
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SECTION 17. Chapter 58,
Family Code, is amended by adding Subchapter C-1 to read as follows:
SUBCHAPTER C-1. SEALING
AND DESTRUCTION OF JUVENILE RECORDS
Sec. 58.251.
DEFINITIONS.
Sec. 58.252. EXEMPTED
RECORDS.
Sec. 58.253. SEALING
RECORDS WITHOUT APPLICATION: DELINQUENT CONDUCT.
Sec. 58.254.
CERTIFICATION OF ELIGIBILITY FOR SEALING RECORDS WITHOUT APPLICATION FOR
DELINQUENT CONDUCT.
Sec. 58.255. SEALING
RECORDS WITHOUT APPLICATION: CONDUCT INDICATING NEED FOR SUPERVISION.
Sec. 58.256. APPLICATION
FOR SEALING RECORDS.
Sec. 58.257. HEARING
REGARDING SEALING OF RECORDS.
Sec. 58.258. ORDER
SEALING RECORDS. (a) An order sealing the records of a person under this
subchapter must include either the following information or the reason one
or more of the following is not included in the order:
(1) the person's:
(A) full name;
(B) sex;
(C) race or ethnicity;
(D) date of birth;
(E) driver's license or
identification card number; and
(F) social security
number;
(2) each instance of
conduct indicating a need for supervision or delinquent conduct alleged
against the person or for which the person was referred to the juvenile justice
system;
(3) the date on which and
the county in which each instance of conduct was alleged to have occurred;
(4) if any petitions
relating to the person were filed in juvenile court, the cause number
assigned to each petition and the court and county in which each petition
was filed; and
(5) a list of the
entities believed to be in possession of the records that have been ordered
sealed, including the entities listed under Subsection (b).
(b) Not later than the
60th day after the date of the entry of the order, the court shall provide
a copy of the order to:
(1) the Department of
Public Safety;
(2) the Texas Juvenile
Justice Department, if the person was committed to the department;
(3) the clerk of court;
(4) the juvenile
probation department serving the court;
(5) the prosecutor's
office;
(6) each law enforcement
agency that had contact with the person in relation to the conduct that is
the subject of the sealing order;
(7) each public or
private agency that had custody of or that provided supervision or services
to the person in relation to the conduct that is the subject of the sealing
order; and
(8) each official,
agency, or other entity that the court has reason to believe has any record
containing information that is related to the conduct that is the subject
of the sealing order.
(c) On entry of the
order, all adjudications relating to the person are vacated and the
proceedings are dismissed and treated for all purposes as if the adjudication had never
occurred. The clerk of court shall:
(1) seal all court
records relating to the proceedings, including any records created in the
clerk's case management system; and
(2) send copies of the
order to all entities listed in the order.
Sec. 58.259. ACTIONS
TAKEN ON RECEIPT OF ORDER TO SEAL RECORDS. (a) An entity receiving an
order to seal the records of a person issued under this subchapter shall,
not later than the 61st day after the date of receiving the order, take the
following actions, as applicable:
(1) the Department of
Public Safety shall:
(A) limit access to the
records relating to the person in the juvenile justice information system
to only the Texas Juvenile Justice Department for the purpose of conducting
research and statistical studies;
(B) destroy any other
records relating to the person in the department's possession, including
DNA records as provided by Section 411.151, Government Code; and
(C) send written
verification of the limitation and destruction of the records to the issuing
court;
(2) the Texas Juvenile
Justice Department shall:
(A) seal all records
relating to the person, other than those exempted from sealing under
Section 58.252; and
(B) send written
verification of the sealing of the records to the issuing court;
(3) a public or private
agency or institution that had custody of or provided supervision or
services to the person who is the subject of the records, the juvenile
probation department, a law enforcement entity, or a prosecuting attorney
shall:
(A) seal all records
relating to the person; and
(B) send written
verification of the sealing of the records to the issuing court; and
(4) any other entity that
receives an order to seal a person's records shall:
(A) send any records
relating to the person to the issuing court;
(B) delete all index
references to the person's records; and
(C) send written
verification of the deletion of the index references to the issuing court.
(b) Physical or
electronic records are considered sealed, regardless
of whether the records are destroyed, if the records are securely stored in a manner that only
allows access to the records by the entity's custodian of records.
(c) If an entity that
received an order to seal records relating to a person later receives an
inquiry about a person or the matter contained in the records, the entity
must respond that no records relating to the person or the matter exist.
(d) If an entity
receiving an order to seal records under this subchapter is unable to
comply with the order because the information in the order is incorrect or
insufficient to allow the entity to identify the records that are subject
to the order, the entity shall notify the issuing court not later than the
30th day after the date of receipt of the order. The court shall take any
actions necessary and possible to provide the needed information to the
entity, including contacting the person who is the subject of the order or
the person's attorney.
(e) If an entity
receiving a sealing order under this subchapter has no records related to
the person who is the subject of the order, the entity shall provide
written verification of that fact to the issuing court not later than the
30th day after the date of receipt of the order.
Sec. 58.260. INSPECTION
AND RELEASE OF SEALED RECORDS. (a) A juvenile court may allow, by order,
the inspection of records sealed under this subchapter only by:
(1) a person named in the
order, on the petition of the person who is the subject of the records; or
(2) a prosecutor, on the
petition of the prosecutor, for the purpose of reviewing the records for
possible use:
(A) in a capital
prosecution; or
(B) for the enhancement
of punishment under Section 12.42, Penal Code.
(b) After a petitioner
inspects records under this section, the court may order the release of any
or all of the records to the petitioner on the motion of the petitioner.
Sec. 58.261. EFFECT OF
SEALING RECORDS. (a) A person whose records have been sealed under this
subchapter is not required to state in any proceeding or in any application
for employment, licensing, admission, housing, or other public or private
benefit that the person has been the subject of a juvenile matter.
(b) A person's denial of
the existence of records sealed under
this subchapter or of the person's involvement in a juvenile matter,
the information in the records, or the fact that the records once existed
may not be used against the person in any manner, including in:
(1) a perjury prosecution
or other criminal proceeding;
(2) a civil proceeding,
including an administrative proceeding involving a governmental entity;
(3) an application
process for licensing or certification; or
(4) an admission,
employment, or housing decision.
(c) A person who is the
subject of records sealed under this
subchapter may not waive the protected status of the records or the
consequences of the protected status.
Sec. 58.262. INFORMATION
GIVEN TO CHILD REGARDING SEALING OF RECORDS. (a) When a child is referred
to the juvenile probation department, an employee of the juvenile probation
department shall give the child and the child's parent, guardian, or
custodian a written explanation describing the process of sealing records
under this subchapter and a copy of this subchapter.
(b) On the final
discharge of a child, or on the last official action in the matter if there
is no adjudication, a probation officer or official at the Texas Juvenile
Justice Department, as appropriate, shall give the child and the child's
parent, guardian, or custodian a written explanation regarding the
eligibility of the child's records for sealing under this subchapter and a
copy of this subchapter.
(c) The written
explanation provided to a child under Subsections (a) and (b) must include
the requirements for a record to be eligible for sealing, including an
explanation of the records that are exempt from sealing under Section
58.252, and the following information:
(1) that, regardless of
whether the child's conduct was adjudicated, the child has a juvenile
record with the Department of Public Safety and the Federal Bureau of
Investigation;
(2) the child's juvenile
record is a permanent record unless the record is destroyed under this subchapter;
(3) except as provided by
Section 58.260, the child's juvenile record, other than treatment records
made confidential by law, may be accessed by a police officer, sheriff,
prosecutor, probation officer, correctional officer, or other criminal or
juvenile justice official unless the record is sealed as provided by this
subchapter;
(4) sealing of the
child's records under Section 58.253 or Section 58.255, as applicable, does
not require any action by the child or the child's family, including the
filing of an application or hiring of a lawyer, but occurs automatically at
age 18, 19, 25, or 31, as
applicable based on the child's referral and adjudication history;
(5) the child's juvenile
record may be eligible for an earlier sealing date under Section 58.256,
but an earlier sealing requires the child or an attorney for the child to
file an application with the court;
(6) the impact of sealing
records on the child; and
(7) the circumstances
under which a sealed record may be reopened.
(d) The Texas Juvenile
Justice Department shall adopt rules to implement this section and to
facilitate the effective explanation of the information required to be
communicated by this section.
Sec. 58.263. DESTRUCTION
OF RECORDS: NO PROBABLE CAUSE.
Sec. 58.264. PERMISSIBLE
DESTRUCTION OF RECORDS. (a) Subject to Subsections (b) and (c) of this section,
Section 202.001, Local Government Code, and any other restrictions imposed
by an entity's records retention guidelines, the following persons may
authorize the destruction of records in a closed juvenile matter,
regardless of the date the records were created:
(1) a juvenile board, in
relation to the records in the possession of the juvenile probation
department;
(2) the head of a law
enforcement agency, in relation to the records in the possession of the
agency; and
(3) a prosecuting
attorney, in relation to the records in the possession of the prosecuting
attorney's office.
(b) The records related
to a person referred to a juvenile probation department may be destroyed if
the person:
(1) is at least 18 years
of age, and:
(A) the most serious conduct for which the person was
adjudicated was conduct indicating a need for supervision;
(B) the most serious
conduct for which the person was referred was conduct indicating a need for
supervision and the person was not
adjudicated as having engaged in the conduct; or
(C) the referral or
information did not relate to conduct indicating a need for supervision or
delinquent conduct and the juvenile probation department, prosecutor, or
juvenile court did not take action on the referral or information for that
reason;
(2) is at least 21 years
of age, and:
(A) the most serious
conduct for which the person was adjudicated was delinquent conduct that
violated a penal law of the grade of misdemeanor; or
(B) the most serious
conduct for which the person was referred was delinquent conduct and the
person was not adjudicated as having engaged in the conduct; or
(3) is at least 31 years
of age and the most serious conduct for which the person was adjudicated
was delinquent conduct that violated a penal law of the grade of felony.
(c) If a record contains
information relating to more than one person referred to a juvenile
probation department, the record may only be destroyed if:
(1) the destruction of
the record is authorized under this section; and
(2) information in the
record that may be destroyed under this section can be separated from
information that is not authorized to be destroyed.
(d) Electronic records
are considered to be destroyed if the electronic records, including the
index to the records, are deleted.
(e) Converting physical
records to electronic records and subsequently destroying the physical
records while maintaining the electronic records is not considered
destruction of a record under this subchapter.
(f) This section does not
authorize the destruction of the records of the juvenile court or clerk of
court.
(g) This section does not
authorize the destruction of records maintained for statistical and
research purposes by the Texas Juvenile Justice Department in a juvenile
information and case management system authorized under Section 58.403.
(h) This section does not
affect the destruction of physical records and files authorized by the
Texas State Library Records Retention Schedule.
Sec. 58.265. JUVENILE
RECORDS NOT SUBJECT TO EXPUNCTION.
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SECTION 18. Chapter 58,
Family Code, is amended by adding Subchapter C-1 to read as follows:
SUBCHAPTER C-1. SEALING
AND DESTRUCTION OF JUVENILE RECORDS
Sec. 58.251.
DEFINITIONS.
Sec. 58.252. EXEMPTED
RECORDS.
Sec. 58.253. SEALING
RECORDS WITHOUT APPLICATION: DELINQUENT CONDUCT.
Sec. 58.254.
CERTIFICATION OF ELIGIBILITY FOR SEALING RECORDS WITHOUT APPLICATION FOR
DELINQUENT CONDUCT.
Sec. 58.255. SEALING
RECORDS WITHOUT APPLICATION: CONDUCT INDICATING NEED FOR SUPERVISION.
Sec. 58.256. APPLICATION
FOR SEALING RECORDS.
Sec. 58.257. HEARING
REGARDING SEALING OF RECORDS.
Sec. 58.258. ORDER
SEALING RECORDS. (a) An order sealing the records of a person under this
subchapter must include either the following information or the reason one
or more of the following is not included in the order:
(1) the person's:
(A) full name;
(B) sex;
(C) race or ethnicity;
(D) date of birth;
(E) driver's license or
identification card number; and
(F) social security
number;
(2) each instance of
conduct indicating a need for supervision or delinquent conduct alleged
against the person or for which the person was referred to the juvenile
justice system;
(3) the date on which and
the county in which each instance of conduct was alleged to have occurred;
(4) if any petitions
relating to the person were filed in juvenile court, the cause number
assigned to each petition and the court and county in which each petition
was filed; and
(5) a list of the
entities believed to be in possession of the records that have been ordered
sealed, including the entities listed under Subsection (b).
(b) Not later than the
60th day after the date of the entry of the order, the court shall provide
a copy of the order to:
(1) the Department of
Public Safety;
(2) the Texas Juvenile
Justice Department, if the person was committed to the department;
(3) the clerk of court;
(4) the juvenile
probation department serving the court;
(5) the prosecutor's
office;
(6) each law enforcement
agency that had contact with the person in relation to the conduct that is
the subject of the sealing order;
(7) each public or
private agency that had custody of or that provided supervision or services
to the person in relation to the conduct that is the subject of the sealing
order; and
(8) each official,
agency, or other entity that the court has reason to believe has any record
containing information that is related to the conduct that is the subject
of the sealing order.
(c) On entry of the order,
all adjudications relating to the person are vacated and the proceedings
are dismissed and treated for all purposes as though
the proceedings had never occurred. The clerk of court shall:
(1) seal all court
records relating to the proceedings, including any records created in the
clerk's case management system; and
(2) send copies of the
order to all entities listed in the order.
Sec. 58.259. ACTIONS
TAKEN ON RECEIPT OF ORDER TO SEAL RECORDS. (a) An entity receiving an
order to seal the records of a person issued under this subchapter shall,
not later than the 61st day after the date of receiving the order, take the
following actions, as applicable:
(1) the Department of
Public Safety shall:
(A) limit access to the
records relating to the person in the juvenile justice information system
to only the Texas Juvenile Justice Department for the purpose of conducting
research and statistical studies;
(B) destroy any other
records relating to the person in the department's possession, including
DNA records as provided by Section 411.151, Government Code; and
(C) send written
verification of the limitation and destruction of the records to the
issuing court;
(2) the Texas Juvenile
Justice Department shall:
(A) seal all records
relating to the person, other than those exempted from sealing under
Section 58.252; and
(B) send written
verification of the sealing of the records to the issuing court;
(3) a public or private
agency or institution that had custody of or provided supervision or
services to the person who is the subject of the records, the juvenile
probation department, a law enforcement entity, or a prosecuting attorney
shall:
(A) seal all records
relating to the person; and
(B) send written
verification of the sealing of the records to the issuing court; and
(4) any other entity that
receives an order to seal a person's records shall:
(A) send any records
relating to the person to the issuing court;
(B) delete all index
references to the person's records; and
(C) send written verification
of the deletion of the index references to the issuing court.
(b) Physical or
electronic records are considered sealed if the records are not destroyed but are stored in a
manner that allows access to the records only by the custodian of records
for the entity possessing the records.
(c) If an entity that
received an order to seal records relating to a person later receives an
inquiry about a person or the matter contained in the records, the entity
must respond that no records relating to the person or the matter exist.
(d) If an entity
receiving an order to seal records under this subchapter is unable to
comply with the order because the information in the order is incorrect or
insufficient to allow the entity to identify the records that are subject
to the order, the entity shall notify the issuing court not later than the
30th day after the date of receipt of the order. The court shall take any
actions necessary and possible to provide the needed information to the
entity, including contacting the person who is the subject of the order or
the person's attorney.
(e) If an entity
receiving a sealing order under this subchapter has no records related to
the person who is the subject of the order, the entity shall provide
written verification of that fact to the issuing court not later than the
30th day after the date of receipt of the order.
Sec. 58.260. INSPECTION
AND RELEASE OF SEALED RECORDS. (a) A juvenile court may allow, by order,
the inspection of records sealed under this subchapter or under Section 58.003, as that law existed
before September 1, 2017, only by:
(1) a person named in the
order, on the petition of the person who is the subject of the records;
(2) a prosecutor, on the
petition of the prosecutor, for the purpose of reviewing the records for
possible use:
(A) in a capital
prosecution; or
(B) for the enhancement
of punishment under Section 12.42, Penal Code; or
(3) a court, the Texas Department of Criminal Justice, or the
Texas Juvenile Justice Department for the purposes of Article 62.007(e),
Code of Criminal Procedure.
(b) After a petitioner
inspects records under this section, the court may order the release of any
or all of the records to the petitioner on the motion of the petitioner.
Sec. 58.261. EFFECT OF SEALING
RECORDS. (a) A person whose records have been sealed under this
subchapter or under Section 58.003, as
that law existed before September 1, 2017, is not required to state
in any proceeding or in any application for employment, licensing,
admission, housing, or other public or private benefit that the person has
been the subject of a juvenile matter.
(b) If a person's records have been sealed,
the information in the records, the fact that the records once existed, or
the person's denial of the existence of the records or of the person's
involvement in a juvenile matter may not be used against the person in any
manner, including in:
(1) a perjury prosecution
or other criminal proceeding;
(2) a civil proceeding,
including an administrative proceeding involving a governmental entity;
(3) an application
process for licensing or certification; or
(4) an admission,
employment, or housing decision.
(c) A person who is the subject
of the sealed records may not waive the protected status of the records or
the consequences of the protected status.
Sec. 58.262. INFORMATION
GIVEN TO CHILD REGARDING SEALING OF RECORDS. (a) When a child is referred
to the juvenile probation department, an employee of the juvenile probation
department shall give the child and the child's parent, guardian, or
custodian a written explanation describing the process of sealing records
under this subchapter and a copy of this subchapter.
(b) On the final
discharge of a child, or on the last official action in the matter if there
is no adjudication, a probation officer or official at the Texas Juvenile
Justice Department, as appropriate, shall give the child and the child's
parent, guardian, or custodian a written explanation regarding the
eligibility of the child's records for sealing under this subchapter and a
copy of this subchapter.
(c) The written
explanation provided to a child under Subsections (a) and (b) must include
the requirements for a record to be eligible for sealing, including an
explanation of the records that are exempt from sealing under Section
58.252, and the following information:
(1) that, regardless of
whether the child's conduct was adjudicated, the child has a juvenile
record with the Department of Public Safety and the Federal Bureau of
Investigation;
(2) the child's juvenile
record is a permanent record unless the record is sealed under this subchapter;
(3) except as provided by
Section 58.260, the child's juvenile record, other than treatment records
made confidential by law, may be accessed by a police officer, sheriff,
prosecutor, probation officer, correctional officer, or other criminal or
juvenile justice official unless the record is sealed as provided by this
subchapter;
(4) sealing of the
child's records under Section 58.253 or Section 58.255, as applicable, does
not require any action by the child or the child's family, including the
filing of an application or hiring of a lawyer, but occurs automatically at
age 18, 19, or 25, as applicable based on the child's referral and
adjudication history;
(5) the child's juvenile
record may be eligible for an earlier sealing date under Section 58.256,
but an earlier sealing requires the child or an attorney for the child to
file an application with the court;
(6) the impact of sealing
records on the child; and
(7) the circumstances
under which a sealed record may be reopened.
(d) The Texas Juvenile
Justice Department shall adopt rules to implement this section and to
facilitate the effective explanation of the information required to be
communicated by this section.
Sec. 58.263. DESTRUCTION
OF RECORDS: NO PROBABLE CAUSE.
Sec. 58.264. PERMISSIBLE
DESTRUCTION OF RECORDS. (a) Subject to Subsections (b) and (c) of this
section, Section 202.001, Local Government Code, and any other restrictions
imposed by an entity's records retention guidelines, the following persons
may authorize the destruction of records in a closed juvenile matter,
regardless of the date the records were created:
(1) a juvenile board, in
relation to the records in the possession of the juvenile probation
department;
(2) the head of a law
enforcement agency, in relation to the records in the possession of the
agency; and
(3) a prosecuting
attorney, in relation to the records in the possession of the prosecuting
attorney's office.
(b) The records related
to a person referred to a juvenile probation department may be destroyed if
the person:
(1) is at least 18 years
of age, and:
(A) the most serious
conduct for which the person was referred was conduct indicating a need for
supervision, whether or not the person
was adjudicated; or
(B) the referral or
information did not relate to conduct indicating a need for supervision or
delinquent conduct and the juvenile probation department, prosecutor, or
juvenile court did not take action on the referral or information for that
reason;
(2) is at least 21 years
of age, and:
(A) the most serious
conduct for which the person was adjudicated was delinquent conduct that
violated a penal law of the grade of misdemeanor; or
(B) the most serious
conduct for which the person was referred was delinquent conduct and the
person was not adjudicated as having engaged in the conduct; or
(3) is at least 31 years
of age and the most serious conduct for which the person was adjudicated
was delinquent conduct that violated a penal law of the grade of felony.
(c) If a record contains
information relating to more than one person referred to a juvenile
probation department, the record may only be destroyed if:
(1) the destruction of
the record is authorized under this section; and
(2) information in the
record that may be destroyed under this section can be separated from
information that is not authorized to be destroyed.
(d) Electronic records
are considered to be destroyed if the electronic records, including the
index to the records, are deleted.
(e) Converting physical
records to electronic records and subsequently destroying the physical
records while maintaining the electronic records is not considered
destruction of a record under this subchapter.
(f) This section does not
authorize the destruction of the records of the juvenile court or clerk of
court.
(g) This section does not
authorize the destruction of records maintained for statistical and
research purposes by the Texas Juvenile Justice Department in a juvenile
information and case management system authorized under Section 58.403.
(h) This section does not
affect the destruction of physical records and files authorized by the
Texas State Library Records Retention Schedule.
Sec. 58.265. JUVENILE
RECORDS NOT SUBJECT TO EXPUNCTION.
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