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A BILL TO BE ENTITLED
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AN ACT
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relating to enhancement of the penalty for a felony conviction |
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based on a juvenile delinquent conduct adjudication. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The following provisions are repealed: |
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(1) Section 51.13(d), Family Code; and |
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(2) Section 12.42(f), Penal Code. |
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SECTION 2. Section 51.13(a), Family Code, is amended to |
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read as follows: |
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(a) Except as provided by Subsection [Subsections (d) and] |
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(e), an order of adjudication or disposition in a proceeding under |
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this title is not a conviction of crime. Except as provided by |
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Chapter 841, Health and Safety Code, an order of adjudication or |
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disposition does not impose any civil disability ordinarily |
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resulting from a conviction or operate to disqualify the child in |
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any civil service application or appointment. |
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SECTION 3. Section 58.260(a), Family Code, is amended to |
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read as follows: |
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(a) A juvenile court may allow, by order, the inspection of |
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records sealed under this subchapter or under Section 58.003, as |
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that law existed before September 1, 2017, only by: |
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(1) a person named in the order, on the petition of the |
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person who is the subject of the records; |
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(2) a prosecutor, on the petition of the prosecutor, |
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for the purpose of reviewing the records for possible use [: |
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[(A)] in a capital prosecution; or |
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[(B) for the enhancement of punishment under |
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Section 12.42, Penal Code; or] |
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(3) a court, the Texas Department of Criminal Justice, |
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or the Texas Juvenile Justice Department for the purposes of |
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Article 62.007(e), Code of Criminal Procedure. |
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SECTION 4. The change in law made by this Act applies only |
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to an offense committed on or after the effective date of this Act. |
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An offense committed before the effective date of this Act is |
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governed by the law in effect on the date the offense was committed, |
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and the former law is continued in effect for that purpose. For the |
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purposes of this section, an offense was committed before the |
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effective date of this Act if any element of the offense occurred |
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before that date. |
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SECTION 5. This Act takes effect September 1, 2025. |