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A BILL TO BE ENTITLED
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AN ACT
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relating to the confidentiality, sharing, sealing, and destruction |
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of juvenile records and certain records of at-risk youth. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 58.005, Family Code, is amended by |
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amending Subsection (a-1) and adding Subsection (c) to read as |
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follows: |
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(a-1) Except as provided by Article 15.27, Code of Criminal |
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Procedure, the records and information to which this section |
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applies may be disclosed only to: |
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(1) the professional staff or consultants of the |
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agency or institution; |
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(2) the judge, probation officers, and professional |
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staff or consultants of the juvenile court; |
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(3) an attorney for the child; |
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(4) a governmental agency if the disclosure is |
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required or authorized by law; |
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(5) an individual [a person] or entity to whom the |
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child is referred for treatment or services, including assistance |
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in transitioning the child to the community after the child's |
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release or discharge from a juvenile facility [if the agency or
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institution disclosing the information has entered into a written
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confidentiality agreement with the person or entity regarding the
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protection of the disclosed information]; |
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(6) the Texas Department of Criminal Justice and the |
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Texas Juvenile Justice Department for the purpose of maintaining |
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statistical records of recidivism and for diagnosis and |
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classification; [or] |
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(7) a prosecuting attorney; |
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(8) a parent, guardian, or custodian with whom a child |
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will reside after the child's release or discharge from a juvenile |
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facility; |
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(9) a governmental agency or court if the record is |
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necessary for an administrative or legal proceeding and the |
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personally identifiable information about the child is redacted |
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before the record is disclosed; or |
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(10) with permission from the juvenile court, any |
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other individual [person], agency, or institution having a |
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legitimate interest in the proceeding or in the work of the court. |
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(c) An individual or entity that receives confidential |
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information under this section may not disclose the information |
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unless otherwise authorized by law. |
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SECTION 2. Subsection (b-1), Section 58.0052, Family Code, |
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as added by Chapter 1021 (H.B. 1521), Acts of the 85th Legislature, |
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Regular Session, 2017, is redesignated as Subsection (b-3), Section |
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58.0052, Family Code, to read as follows: |
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(b-3) [(b-1)] At the request of a state or local juvenile |
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justice agency, the Department of Family and Protective Services or |
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a single source continuum contractor who contracts with the |
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department to provide foster care services shall, not later than |
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the 14th business day after the date of the request, share with the |
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juvenile justice agency information in the possession of the |
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department or contractor that is necessary to improve and maintain |
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community safety or that assists the agency in the continuation of |
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services for or providing services to a multi-system youth who: |
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(1) is or has been in the temporary or permanent |
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managing conservatorship of the department; |
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(2) is or was the subject of a family-based safety |
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services case with the department; |
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(3) has been reported as an alleged victim of abuse or |
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neglect to the department; |
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(4) is the perpetrator in a case in which the |
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department investigation concluded that there was a reason to |
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believe that abuse or neglect occurred; or |
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(5) is a victim in a case in which the department |
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investigation concluded that there was a reason to believe that |
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abuse or neglect occurred. |
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SECTION 3. Section 58.007, Family Code, is amended by |
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amending Subsection (b) and adding Subsection (c) to read as |
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follows: |
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(b) Except as provided by Section 54.051(d-1) and by Article |
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15.27, Code of Criminal Procedure, the records, whether physical or |
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electronic, of a juvenile court, a clerk of court, a juvenile |
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probation department, or a prosecuting attorney relating to a child |
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who is a party to a proceeding under this title may be inspected or |
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copied only by: |
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(1) the judge, probation officers, and professional |
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staff or consultants of the juvenile court; |
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(2) a juvenile justice agency as that term is defined |
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by Section 58.101; |
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(3) an attorney representing the child's parent [a
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party] in a proceeding under this title; |
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(4) an attorney representing the child; |
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(5) a prosecuting attorney; |
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(6) an individual [a person] or entity to whom the |
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child is referred for treatment or services, including assistance |
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in transitioning the child to the community after the child's |
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release or discharge from a juvenile facility [, if the agency or
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institution disclosing the information has entered into a written
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confidentiality agreement with the person or entity regarding the
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protection of the disclosed information]; |
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(7) [(5)] a public or private agency or institution |
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providing supervision of the child by arrangement of the juvenile |
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court, or having custody of the child under juvenile court order; or |
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(8) [(6)] with permission from the juvenile court, any |
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other individual [person], agency, or institution having a |
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legitimate interest in the proceeding or in the work of the court. |
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(c) An individual or entity that receives confidential |
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information under this section may not disclose the information |
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unless otherwise authorized by law. |
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SECTION 4. Section 58.008(b), Family Code, is amended to |
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read as follows: |
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(b) Except as provided by Subsection (c) [(d)], law |
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enforcement records concerning a child and information concerning a |
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child that are stored by electronic means or otherwise and from |
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which a record could be generated may not be disclosed to the public |
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and shall be: |
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(1) if maintained on paper or microfilm, kept separate |
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from adult records; |
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(2) if maintained electronically in the same computer |
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system as adult records, accessible only under controls that are |
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separate and distinct from the controls to access electronic data |
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concerning adults; and |
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(3) maintained on a local basis only and not sent to a |
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central state or federal depository, except as provided by |
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Subsection (c) or Subchapter B, D, or E. |
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SECTION 5. Sections 58.009(d) and (f), Family Code, are |
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amended to read as follows: |
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(d) The Texas Juvenile Justice Department may grant the |
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following individuals or entities access to juvenile justice |
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information only for a purpose beneficial to and approved by the |
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department to: |
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(1) an individual or entity [a person] working on a |
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research or statistical project that: |
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(A) is funded in whole or in part by state or |
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federal funds; and |
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(B) meets the requirements of and is approved by |
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the department; or |
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(2) an individual or entity [a person working on a
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research or statistical project] that: |
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(A) is working on a research or statistical |
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project that meets the requirements of and is approved by the |
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department; and |
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(B) has a specific agreement with the department |
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that: |
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(i) specifically authorizes access to |
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information; |
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(ii) limits the use of information to the |
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purposes for which the information is given; |
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(iii) ensures the security and |
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confidentiality of the information; and |
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(iv) provides for sanctions if a |
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requirement imposed under Subparagraph (i), (ii), or (iii) is |
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violated. |
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(f) The Texas Juvenile Justice Department may not release |
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juvenile justice information in identifiable form, except for |
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information released under Subsection (c)(1), (2), [or] (3), or (4) |
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or under the terms of an agreement entered into under Subsection |
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(d)(2). For purposes of this subsection, identifiable information |
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means information that contains a juvenile offender's name or other |
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personal identifiers or that can, by virtue of sample size or other |
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factors, be reasonably interpreted as referring to a particular |
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juvenile offender. |
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SECTION 6. Section 58.255(a), Family Code, is amended to |
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read as follows: |
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(a) A person who was referred to a juvenile court [probation
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department] for conduct indicating a need for supervision is |
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entitled to have all records related to all conduct indicating a |
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need for supervision matters sealed without applying to the |
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juvenile court if the person: |
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(1) has records relating to the conduct filed with the |
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court clerk; |
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(2) is at least 18 years of age; |
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(3) [(2)] has not been referred to the juvenile |
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probation department for delinquent conduct; |
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(4) [(3)] has not as an adult been convicted of a |
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felony; and |
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(5) [(4)] does not have any pending charges as an |
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adult for a felony or a misdemeanor punishable by confinement in |
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jail. |
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SECTION 7. Subchapter C-1, Chapter 58, Family Code, is |
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amended by adding Section 58.2551 to read as follows: |
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Sec. 58.2551. SEALING RECORDS WITHOUT APPLICATION: FINDING |
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OF NOT TRUE. A juvenile court, on the court's own motion and |
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without a hearing, shall immediately order the sealing of all |
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records related to the alleged conduct if the court enters a finding |
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that the allegations are not true. |
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SECTION 8. Section 58.256(c), Family Code, is amended to |
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read as follows: |
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(c) Except as provided by Subsection (d), the juvenile court |
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may order the sealing of records related to all matters for which |
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the person was referred to the juvenile probation department if the |
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person: |
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(1) is at least 17 [18] years of age, or is younger |
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than 17 [18] years of age and at least one year has [two years have] |
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elapsed after the date of final discharge in each matter for which |
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the person was referred to the juvenile probation department; |
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(2) does not have any delinquent conduct matters |
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pending with any juvenile probation department or juvenile court; |
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(3) was not transferred by a juvenile court to a |
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criminal court for prosecution under Section 54.02; |
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(4) has not as an adult been convicted of a felony; and |
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(5) does not have any pending charges as an adult for a |
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felony or a misdemeanor punishable by confinement in jail. |
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SECTION 9. Section 58.258(c), Family Code, is amended to |
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read as follows: |
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(c) On entry of the order, all adjudications relating to the |
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person are vacated and the proceedings are dismissed and treated |
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for all purposes as though the proceedings had never occurred. The |
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clerk of court shall: |
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(1) seal all court records relating to the |
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proceedings, including any records created in the clerk's case |
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management system; and |
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(2) send copies of the order to all entities listed in |
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the order by any reasonable method, including certified mail, |
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regular mail, or e-mail. |
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SECTION 10. Section 58.263, Family Code, is amended to read |
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as follows: |
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Sec. 58.263. DESTRUCTION OF RECORDS: NO PROBABLE CAUSE. |
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The court shall order the destruction of the records relating to the |
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conduct for which a child is taken into custody or referred to |
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juvenile court without being taken into custody, including records |
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contained in the juvenile justice information system, if: |
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(1) a determination is made under Section 53.01 that |
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no probable cause exists to believe the child engaged in the conduct |
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and the case is not referred to a prosecutor for review under |
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Section 53.012; or |
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(2) a determination that no probable cause exists to |
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believe the child engaged in the conduct is made by a prosecutor |
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under Section 53.012. |
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SECTION 11. Section 203.0065, Human Resources Code, is |
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amended by adding Subsections (g) and (h) to read as follows: |
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(g) The records related to a youth who was provided |
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prevention and intervention services under this section are |
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confidential and may only be inspected or copied by an individual or |
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entity to whom the youth is referred for treatment or services. |
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(h) An individual or entity that receives information under |
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this section may not disclose the information unless otherwise |
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authorized by law. |
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SECTION 12. The following provisions of the Family Code are |
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repealed: |
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(1) Section 58.003(c-3); |
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(2) Section 58.0053; and |
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(3) Section 58.007(j). |
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SECTION 13. The changes in law made by this Act apply to |
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records created before, on, or after the effective date of this Act. |
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SECTION 14. This Act takes effect September 1, 2019. |