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A BILL TO BE ENTITLED
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AN ACT
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relating to the discretionary 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. Section 58.256, Family Code, is amended by |
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amending Subsections (c), (d), and (e) and adding Subsection (f) 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: |
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(A) at least 18 years of age; |
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(B) [, or is] younger than 18 years of age and at |
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least two years have elapsed after the date of final discharge in |
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each matter for which the person was referred to the juvenile |
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probation department; or |
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(C) any age, if the person was finally discharged |
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without adjudication in each matter for which the person was |
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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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(d) A court may not order the sealing of the records of a |
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person who: |
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(1) was transferred to an appropriate district court |
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under Section 54.051 after receiving [received] a determinate |
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sentence for engaging in: |
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(A) delinquent conduct that violated a penal law |
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listed under Section 53.045; or |
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(B) habitual felony conduct as described by |
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Section 51.031; |
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(2) is currently required to register as a sex |
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offender under Chapter 62, Code of Criminal Procedure; or |
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(3) was committed to the Texas Juvenile Justice |
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Department or to a post-adjudication secure correctional facility |
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under former Section 54.04011, unless the person has been |
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discharged from the agency to which the person was committed. |
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(e) Except as provided by Subsection (f), on [On] receipt of |
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an application under this section, the court may: |
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(1) order the sealing of the person's records |
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immediately, without a hearing; or |
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(2) hold a hearing under Section 58.257 at the court's |
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discretion to determine whether to order the sealing of the |
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person's records. |
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(f) The court may only order the sealing of a person's |
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records under this section for a person described by Subsection |
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(c)(1)(C) if the court finds that sealing the records is in the best |
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interest of the person and the community. The court shall hold a |
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hearing under Section 58.257 before ordering the sealing of the |
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person's records under this subsection unless: |
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(1) the person waives in writing the person's right to |
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the hearing; and |
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(2) the court and the prosecuting attorney for the |
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juvenile court agree to waive the hearing. |
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SECTION 2. 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 3. This Act takes effect September 1, 2019. |