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A BILL TO BE ENTITLED
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AN ACT
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relating to the destruction of juvenile records of victims of sex |
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trafficking. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter C-1, Chapter 58, Family Code, is |
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amended by adding Section 58.2635 to read as follows: |
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Sec. 58.2635. DESTRUCTION OF RECORDS: VICTIM OF SEX |
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TRAFFICKING. (a) A juvenile court shall order the destruction of |
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the records related to conduct for which a person was referred to a |
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juvenile probation department, regardless of whether the person was |
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adjudicated and without application to the court, if: |
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(1) the conduct constitutes an offense under Section |
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43.02(a), Penal Code; |
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(2) the defense under Section 43.02(d), Penal Code, |
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applies to the conduct; and |
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(3) the person is at least 18 years of age. |
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(b) Notwithstanding any restriction imposed by an entity's |
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records retention guidelines, the juvenile court shall issue an |
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order for the destruction of records described by Subsection (a). |
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(c) Electronic records are considered to be destroyed if the |
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electronic records, including the index to the records, are |
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deleted. |
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(d) Converting physical records to electronic records and |
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subsequently destroying the physical records while maintaining the |
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electronic records is not considered destruction of a record under |
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this subchapter. |
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(e) This section does not authorize the destruction of |
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records maintained for statistical and research purposes by the |
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Texas Juvenile Justice Department in a juvenile information and |
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case management system authorized under Section 58.403. |
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SECTION 2. This Act applies to records created before, on, |
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or after the effective date of this Act. |
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SECTION 3. This Act takes effect September 1, 2019. |