| 1 | 1 | | H.B. No. 2386 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | AN ACT |
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| 5 | 5 | | relating to the sealing of juvenile records. |
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| 6 | 6 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 7 | 7 | | SECTION 1. Section 58.003, Family Code, is amended by |
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| 8 | 8 | | adding Subsections (c-1) and (c-2) and amending Subsections (d) and |
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| 9 | 9 | | (e) to read as follows: |
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| 10 | 10 | | (c-1) Notwithstanding Subsections (a) and (c) and subject |
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| 11 | 11 | | to Subsection (b), a juvenile court may order the sealing of records |
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| 12 | 12 | | concerning a child adjudicated as having engaged in delinquent |
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| 13 | 13 | | conduct or conduct indicating a need for supervision that violated |
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| 14 | 14 | | a penal law of the grade of misdemeanor or felony if the child |
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| 15 | 15 | | successfully completed a drug court program under Chapter 469, |
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| 16 | 16 | | Health and Safety Code. The court may: |
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| 17 | 17 | | (1) order the sealing of the records immediately and |
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| 18 | 18 | | without a hearing; or |
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| 19 | 19 | | (2) hold a hearing to determine whether to seal the |
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| 20 | 20 | | records. |
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| 21 | 21 | | (c-2) If the court orders the sealing of a child's records |
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| 22 | 22 | | under Subsection (c-1), a prosecuting attorney or juvenile |
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| 23 | 23 | | probation department may maintain until the child's 17th birthday a |
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| 24 | 24 | | separate record of the child's name and date of birth and the date |
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| 25 | 25 | | the child successfully completed the drug court program. The |
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| 26 | 26 | | prosecuting attorney or juvenile probation department, as |
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| 27 | 27 | | applicable, shall send the record to the court as soon as |
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| 28 | 28 | | practicable after the child's 17th birthday to be added to the |
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| 29 | 29 | | child's other sealed records. |
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| 30 | 30 | | (d) The court may grant the relief authorized in Subsection |
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| 31 | 31 | | (a) or (c-1) at any time after final discharge of the person or |
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| 32 | 32 | | after the last official action in the case if there was no |
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| 33 | 33 | | adjudication, subject to Subsection (e). If the child is referred |
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| 34 | 34 | | to the juvenile court for conduct constituting any offense and at |
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| 35 | 35 | | the adjudication hearing the child is found to be not guilty of each |
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| 36 | 36 | | offense alleged, the court shall immediately and without any |
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| 37 | 37 | | additional hearing order the sealing of all files and records |
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| 38 | 38 | | relating to the case. |
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| 39 | 39 | | (e) The court shall hold a hearing before sealing a person's |
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| 40 | 40 | | records under Subsection (a) or (c) unless the applicant waives the |
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| 41 | 41 | | right to a hearing in writing and the court and the prosecuting |
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| 42 | 42 | | attorney for the juvenile court consent. Reasonable notice of the |
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| 43 | 43 | | hearing shall be given to: |
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| 44 | 44 | | (1) the person who made the application or who is the |
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| 45 | 45 | | subject of the records named in the motion; |
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| 46 | 46 | | (2) the prosecuting attorney for the juvenile court; |
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| 47 | 47 | | (3) the authority granting the discharge if the final |
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| 48 | 48 | | discharge was from an institution or from parole; |
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| 49 | 49 | | (4) the public or private agency or institution having |
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| 50 | 50 | | custody of records named in the application or motion; and |
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| 51 | 51 | | (5) the law enforcement agency having custody of files |
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| 52 | 52 | | or records named in the application or motion. |
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| 53 | 53 | | SECTION 2. The change in law made by this Act applies to the |
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| 54 | 54 | | sealing of records in the adjudication of a juvenile case on or |
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| 55 | 55 | | after the effective date of this Act, regardless of whether the |
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| 56 | 56 | | adjudication occurred before, on, or after the effective date of |
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| 57 | 57 | | this Act. |
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| 58 | 58 | | SECTION 3. This Act takes effect September 1, 2009. |
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| 59 | 59 | | ______________________________ ______________________________ |
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| 60 | 60 | | President of the Senate Speaker of the House |
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| 61 | 61 | | I certify that H.B. No. 2386 was passed by the House on May 4, |
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| 62 | 62 | | 2009, by the following vote: Yeas 97, Nays 46, 1 present, not |
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| 63 | 63 | | voting. |
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| 64 | 64 | | ______________________________ |
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| 65 | 65 | | Chief Clerk of the House |
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| 66 | 66 | | I certify that H.B. No. 2386 was passed by the Senate on May |
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| 67 | 67 | | 14, 2009, by the following vote: Yeas 30, Nays 1. |
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| 68 | 68 | | ______________________________ |
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| 69 | 69 | | Secretary of the Senate |
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| 70 | 70 | | APPROVED: _____________________ |
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| 71 | 71 | | Date |
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| 72 | 72 | | _____________________ |
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| 73 | 73 | | Governor |
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