Honorable Victoria Neave, Chair, House Committee on Juvenile Justice & Family Issues
FROM:
Jerry McGinty, Director, Legislative Budget Board
IN RE:
HB1193 by Wu (Relating to the jurisdiction of a juvenile court over certain persons and to the sealing and nondisclosure of certain juvenile and criminal records.), As Introduced
No significant fiscal implication to the State is anticipated.
The bill would amend the Family Code to continue a juvenile court's jurisdiction over a person when the proceeding is not completed prior to the respondent becoming 18 or 19 years of age, as applicable, if the proceeding has been delayed through no fault of the state.
The bill would amend the Family Code to allow a juvenile court to consider sealing the juvenile records of a person who received a determinate sentence to the Texas Juvenile Justice Department (TJJD) and later had their probation transferred to a district court or was released from TJJD or prison directly to adult probation under the supervision of a district court. The juvenile court would only order sealing of the records after the person has completed the term of community supervision or been released from prison, as applicable. Under current law a juvenile court may not order the sealing of records for a person who has received a determinate sentence. The bill would also require a sealing order be sent to the district court to which a person was transferred on determinate sentence probation. The bill would also amend the Government Code to require the district court receiving such a sealing order to issue an order of nondisclosure of criminal history record information 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.
Based on the analysis of the Office of Court Administration, the Department of Public Safety, the Texas Department of Criminal Justice, and TJJD, it is assumed that duties and responsibilities associated with implementing the bill could be accomplished utilizing available resources. In addition, no significant fiscal impact to the state court system is anticipated with the implementation of the bill.
Local Government Impact
No significant fiscal implication to units of local government is anticipated.
Source Agencies:
212 Office of Court Admin, 405 Department of Public Safety, 644 Juvenile Justice Department, 696 Department of Criminal Justice