81R17238 JSC-F
By: Castro H.B. No. 2386
Substitute the following for H.B. No. 2386:
By: McReynolds C.S.H.B. No. 2386
A BILL TO BE ENTITLED
AN ACT
relating to the sealing of juvenile records.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 58.003, Family Code, is amended by
adding Subsection (c-1) and amending Subsections (d), (e), (g), and
(m) to read as follows:
(c-1) Notwithstanding Subsections (a) and (c) and subject
to Subsection (b), a juvenile court may order the sealing of records
concerning a child adjudicated as having engaged in delinquent
conduct or conduct indicating a need for supervision that violated
a penal law of the grade of misdemeanor or felony if the child
successfully completed a drug court program under Chapter 469,
Health and Safety Code. The court may:
(1) order the sealing of the records immediately and
without a hearing; or
(2) hold a hearing to determine whether to seal the
records.
(d) The court may grant the relief authorized in Subsection
(a) or (c-1) at any time after final discharge of the person or
after the last official action in the case if there was no
adjudication. If the child is referred to the juvenile court for
conduct constituting any offense and at the adjudication hearing
the child is found to be not guilty of each offense alleged, the
court shall immediately order the sealing of all files and records
relating to the case.
(e) If a hearing is required, reasonable [Reasonable]
notice of the hearing shall be given to:
(1) the person who made the application or who is the
subject of the records named in the motion;
(2) the prosecuting attorney for the juvenile court;
(3) the authority granting the discharge if the final
discharge was from an institution or from parole;
(4) the public or private agency or institution having
custody of records named in the application or motion; and
(5) the law enforcement agency having custody of files
or records named in the application or motion.
(g) On entry of an [the] order sealing records under this
section:
(1) a verification from the appropriate person,
including an agency or other entity, stating that all law
enforcement, prosecuting attorney, clerk of court, and juvenile
court records ordered sealed have been sealed shall be sent before
the 61st day after the date the order is received to the court
issuing the order;
(2) a verification from the appropriate agency or
institution stating that all records of a public or private agency
or institution ordered sealed have been sealed shall be sent before
the 61st day after the date the order is received to the court
issuing the order;
(3) all index references to the records ordered sealed
shall be deleted before the 61st day after the date the order is
received, and verification of the deletion shall be sent before the
61st day after the date of the deletion to the court issuing the
order;
(4) the juvenile court, clerk of court, prosecuting
attorney, public or private agency or institution, and law
enforcement officers and agencies shall properly reply that no
record exists with respect to the person on inquiry in any matter;
and
(5) the adjudication shall be vacated and the
proceeding dismissed and treated for all purposes other than a
subsequent capital prosecution, including the purpose of showing a
prior finding of delinquent conduct, as if it had never occurred.
(m) On request of the Department of Public Safety, a
juvenile court shall reopen and allow the department to inspect the
files and records of the juvenile court, and records described by
Subsections (g)(1) and (2), relating to an applicant for a license
to carry a concealed handgun under Subchapter H, Chapter 411,
Government Code.
SECTION 2. The change in law made by this Act applies to the
sealing of records in the adjudication of a juvenile case on or
after the effective date of this Act, regardless of whether the
adjudication occurred before, on, or after the effective date of
this Act.
SECTION 3. This Act takes effect September 1, 2009.