89R12030 MCF-D

By: McLaughlin H.B. No. 4476

A BILL TO BE ENTITLED

AN ACT

relating to the waiver of jurisdiction by a juvenile court for certain children who are accused of committing certain offenses involving the use or exhibition of a firearm, the mandatory transfer of jurisdiction for those children to a criminal court, and an order of expunction issued with respect to those offenses.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 54.02, Family Code, is amended by adding Subsection (m-1) and amending Subsection (n) to read as follows:

(m-1) Notwithstanding any other provision of this section, the juvenile court shall waive its exclusive original jurisdiction and transfer a child to the appropriate district court or criminal district court for criminal proceedings if:

(1) the child is alleged to have violated a penal law punishable as a felony of the first degree;

(2) the child was 14 years of age or older at the time the child is alleged to have committed the offense; and

(3) the child used or exhibited a firearm during the commission of the alleged offense.

(n) A mandatory transfer under Subsection (m) or (m-1) may be made without conducting the study required in discretionary transfer proceedings by Subsection (d). The requirements of Subsection (b) that the summons state that the purpose of the hearing is to consider discretionary transfer to criminal court does not apply to a transfer proceeding under Subsection (m) or (m-1). In a proceeding under Subsection (m) or (m-1), it is sufficient that the summons provide fair notice that the purpose of the hearing is to consider mandatory transfer to criminal court.

SECTION 2. Chapter 55A, Code of Criminal Procedure, is amended by adding Subchapter E-1 to read as follows:

SUBCHAPTER E-1. EXPUNCTION FOR CERTAIN OFFENSES COMMITTED BY CHILD

Art. 55A.221. PETITION FOR EXPUNCTION. (a) A person who has been convicted of or placed on deferred adjudication community supervision for an offense for which the person was transferred from a juvenile court to a district court or criminal district court for criminal proceedings under Section 54.02(m-1), Family Code, may file an ex parte petition in the court in which the person was convicted or placed on deferred adjudication community supervision to have all records and files related to the conviction or deferred adjudication community supervision expunged if:

(1) the person is 25 years of age or older; and

(2) the person has not been convicted of or placed on deferred adjudication community supervision for any subsequent offense the commission of which involved the person's use or exhibition of a firearm.

(b) The petition for the expunction of records and files under Subsection (a) must:

(1) be in writing; and

(2) be verified and include all the information described by Article 55A.253 or an explanation for why any of the information was omitted.

(c) On the filing of the petition under this article, the clerk of the court shall promptly serve a copy of the petition and any supporting documentation on the appropriate office of the attorney representing the state. Any response to the petition by the attorney representing the state must be filed not later than the 30th business day after the date of service under this subsection.

Art. 55A.222. HEARING FOR EXPUNCTION. (a) In the manner described by Article 55A.254, the court shall hold a hearing to consider an ex parte petition filed under Article 55A.221.

(b) A person is entitled to have all records and files related to the conviction or deferred adjudication community supervision expunged under this subchapter if after the hearing the court determines that:

(1) the offense for which the person is seeking the expunction of records and files is an offense for which the person was transferred from a juvenile court to a district court or criminal district court for criminal proceedings under Section 54.02(m-1), Family Code;

(2) the person is 25 years of age or older;

(3) the person has not been subsequently convicted of or placed on deferred adjudication community supervision for an offense the commission of which involved the person's use or exhibition of a firearm; and

(4) the person is rehabilitated and has demonstrated a commitment to being a responsible citizen.

SECTION 3. Article 55A.255, Code of Criminal Procedure, is amended to read as follows:

Art. 55A.255. ENTRY OF EXPUNCTION ORDER. If the court finds that the person who is the subject of an ex parte petition filed under Subchapter E-1 or Article 55A.251, 55A.252, or 55A.257 is entitled to expunction of any records and files that are the subject of the petition, the court shall enter an order directing expunction.

SECTION 4. Article 55A.301, Code of Criminal Procedure, is amended to read as follows:

Art. 55A.301. REQUIRED CONTENT. (a) An expunction order entered by a court under Subchapter E or F must have attached and incorporate by reference a copy of the judgment of acquittal, if any, and must include:

(1) the following information on the person who is the subject of the expunction order:

(A) full name;

(B) sex;

(C) race;

(D) date of birth;

(E) driver's license number; and

(F) social security number;

(2) the offense charged against the person who is the subject of the expunction order or the offense of which the person was convicted, if applicable [any];

(3) the date of the applicable arrest or conviction;

(4) the case number and court of offense, if any; and

(5) the incident number assigned to the individual incident of arrest under Article 66.251(b)(1) by the Department of Public Safety.

(b) An expunction order issued by a court under Subchapter E or F must require any state agency that sent information concerning the arrest or conviction to a central federal depository to request the depository to return all records and files subject to the order.

SECTION 5. Article 55A.401, Code of Criminal Procedure, is amended to read as follows:

Art. 55A.401. EFFECT OF FINAL EXPUNCTION ORDER. When an expunction order issued under Subchapter E or F is final:

(1) the release, maintenance, dissemination, or use of the expunged records and files for any purpose is prohibited;

(2) except as provided by Subdivision (3), the person arrested or convicted, as applicable, may deny the occurrence of the arrest or conviction and the existence of the expunction order; and

(3) the person arrested or convicted, as applicable, or any other person, when questioned under oath in a criminal proceeding about an arrest or conviction for which the records have been expunged, may state only that the matter in question has been expunged.

SECTION 6. Article 55A.402(a), Code of Criminal Procedure, is amended to read as follows:

(a) A person commits an offense if the person:

(1) learns of an arrest or conviction while an officer or employee of the state or of any agency or other entity of the state or any political subdivision of the state;

(2) knows of an order expunging the records and files relating to that arrest or conviction; and

(3) knowingly releases, disseminates, or otherwise uses the records or files.

SECTION 7. The changes in law made by this Act to Section 54.02, Family Code, apply only to an offense committed or conduct that occurs on or after the effective date of this Act. An offense committed or conduct that occurred before the effective date of this Act is governed by the law in effect on the date the offense was committed or the conduct occurred, and the former law is continued in effect for that purpose. For purposes of this section, an offense was committed or conduct occurred before the effective date of this Act if any element of the offense or conduct occurred before that date.

SECTION 8. This Act takes effect September 1, 2025.