87R95 ADM-D
 
  By: Wu H.B. No. 1193
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the jurisdiction of a juvenile court over certain
  persons and to the sealing and nondisclosure of certain juvenile
  and criminal records.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 51.0412, Family Code, is amended to read
  as follows:
         Sec. 51.0412.  JURISDICTION OVER INCOMPLETE PROCEEDINGS.
  The court retains jurisdiction over a person, without regard to the
  age of the person, who is a respondent in an adjudication
  proceeding, a disposition proceeding, a proceeding to modify
  disposition, a proceeding for waiver of jurisdiction and transfer
  to criminal court under Section 54.02(a), or a motion for transfer
  of determinate sentence probation to an appropriate district court
  if:
               (1)  the petition or motion was filed while the
  respondent was younger than 18 or 19 years of age, as applicable;
               (2)  the proceeding is not complete before the
  respondent becomes 18 or 19 years of age, as applicable; and
               (3)  the court enters a finding in the proceeding that:
                     (A)  the prosecuting attorney exercised due
  diligence in an attempt to complete the proceeding before the
  respondent became 18 or 19 years of age, as applicable; or
                     (B)  the proceeding has been delayed through no
  fault of the state.
         SECTION 2.  Section 58.008(c), Family Code, is amended to
  read as follows:
         (c)  Except as prohibited by a court order issued under
  Section 411.0739, Government Code, the [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.
         SECTION 3.  Section 58.256, Family Code, is amended by
  amending Subsections (d) and (e) and adding Subsection (f) to read
  as follows:
         (d)  Except as provided by Subsection (f), a [A] court may
  not order the sealing of the records of a person who:
               (1)  [received a determinate sentence for engaging in:
                     [(A) delinquent conduct that violated a penal law
  listed under Section 53.045; or
                     [(B) habitual felony conduct as described by
  Section 51.031;
               [(2)] is currently required to register as a sex
  offender under Chapter 62, Code of Criminal Procedure; or
               (2) [(3)]  was committed to the Texas Juvenile Justice
  Department or to a post-adjudication secure correctional facility
  under former Section 54.04011, unless the person:
                     (A)  was not transferred to district court under
  Section 54.11; and
                     (B)  has been discharged from the agency to which
  the person was committed.
         (e)  On receipt of an application under this section from a
  person other than a person who received a determinate sentence and
  was transferred to district court under Section 54.051 or 54.11,
  the court may:
               (1)  order the sealing of the person's records
  immediately, without a hearing; or
               (2)  hold a hearing under Section 58.257 at the court's
  discretion to determine whether to order the sealing of the
  person's records.
         (f)  On receipt of an application under this section from a
  person who received a determinate sentence and was transferred to a
  district court under Section 54.051 or 54.11, the court may hold a
  hearing under Section 58.257 to determine whether it is in the best
  interest of the person and of justice to order the sealing of the
  person's records and may order the records to be sealed. The court
  may not order the sealing of the records of the person unless the
  person has completed the person's term of community supervision or
  is released from prison, as applicable. 
         SECTION 4.  Section 58.258(b), Family Code, is amended to
  read as follows:
         (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;
               (8)  if the person was transferred to a district court
  under Section 54.051 or 54.11, the district court to which the
  person was transferred; and
               (9) [(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.
         SECTION 5.  Subchapter E-1, Chapter 411, Government Code, is
  amended by adding Section 411.0739 to read as follows:
         Sec. 411.0739.  PROCEDURE FOR CERTAIN PERSONS TRANSFERRED
  FROM JUVENILE COURT. (a) This section applies only to a person:
               (1)  who was transferred to a district court under
  Section 54.051 or 54.11, Family Code; and
               (2)  whose juvenile records were ordered sealed under
  Section 58.256(f), Family Code.
         (b)  Notwithstanding any other provision of this subchapter
  or Subchapter F, a district court that receives a copy of an order
  sealing juvenile records of a person described by Subsection (a)
  from a juvenile court under Section 58.258(b)(8), Family Code,
  shall issue an order of nondisclosure of criminal history record
  information under this subchapter prohibiting criminal justice
  agencies from disclosing to the public criminal history record
  information related to the conduct for which the person was
  transferred to the district court by the juvenile court.
         SECTION 6.  Section 411.074, Government Code, is amended by
  adding Subsection (c) to read as follows:
         (c)  This section does not apply to an order of nondisclosure
  of criminal history record information under Section 411.0739.
         SECTION 7.  The changes in law made by this Act apply only to
  conduct violating a penal law of this state that occurs on or after
  the effective date of this Act. Conduct violating a penal law of
  this state that occurs before the effective date of this Act is
  governed by the law in effect on the date the conduct occurred, and
  the former law is continued in effect for that purpose. For
  purposes of this section, conduct occurred before the effective
  date of this Act if any element of the conduct occurred before that
  date.
         SECTION 8.  This Act takes effect September 1, 2021.