88R20388 MCF-D
 
  By: Wu, Moody H.B. No. 503
 
  Substitute the following for H.B. No. 503:
 
  By:  Dutton C.S.H.B. No. 503
 
 
 
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
  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 58.256, Family Code, is amended by
  amending Subsection (d) and adding Subsection (d-1) to read as
  follows:
         (d)  A court may not order the sealing of the records of a
  person who:
               (1)  except as provided by Subsection (d-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
               (3)  was committed without a determinate sentence to
  the Texas Juvenile Justice Department or to a post-adjudication
  secure correctional facility under former Section 54.04011, unless
  the person has been discharged from the agency to which the person
  was committed.
         (d-1)  A court may order the sealing of the records of a
  person who was placed on determinate sentence probation under
  Section 54.04(q) if the person:
               (1)  was not committed to the Texas Juvenile Justice
  Department under Section 54.04(d)(3), 54.04(m), or 54.05(f) for the
  conduct for which the person was placed on probation;
               (2)  was not transferred to an appropriate district
  court under Section 54.051; and
               (3)  has been discharged from the sentence of
  probation.
         SECTION 3.  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 4.  This Act takes effect September 1, 2023.