| 1 | 1 | | 81R10546 JSC-F |
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| 2 | 2 | | By: Hodge H.B. No. 4145 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to enhancement of the penalty for a felony conviction |
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| 8 | 8 | | based on a juvenile delinquent conduct adjudication. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 58.003(k), Family Code, and Section |
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| 11 | 11 | | 12.42(f), Penal Code, are repealed. |
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| 12 | 12 | | SECTION 2. Section 58.206(a), Family Code, is amended to |
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| 13 | 13 | | read as follows: |
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| 14 | 14 | | (a) On certification of records in a case under Section |
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| 15 | 15 | | 58.203: |
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| 16 | 16 | | (1) the person who is the subject of the records is not |
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| 17 | 17 | | required to state in any proceeding, except as otherwise authorized |
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| 18 | 18 | | by law in a criminal proceeding in which the person is testifying as |
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| 19 | 19 | | a defendant, or in any application for employment, licensing, or |
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| 20 | 20 | | other public or private benefit that the person has been a |
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| 21 | 21 | | respondent in a case under this title and may not be punished, by |
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| 22 | 22 | | perjury prosecution or otherwise, for denying: |
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| 23 | 23 | | (A) the existence of the records; or |
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| 24 | 24 | | (B) the person's participation in a juvenile |
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| 25 | 25 | | proceeding related to the records; and |
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| 26 | 26 | | (2) information from the records may not be admitted |
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| 27 | 27 | | against the person who is the subject of the records in a civil or |
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| 28 | 28 | | criminal proceeding except a proceeding in which a juvenile |
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| 29 | 29 | | adjudication was admitted [under]: |
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| 30 | 30 | | (A) under [Section 12.42, Penal Code; |
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| 31 | 31 | | [(B)] Article 37.07, Code of Criminal Procedure; |
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| 32 | 32 | | or |
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| 33 | 33 | | (B) [(C)] as otherwise authorized by criminal |
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| 34 | 34 | | procedural law. |
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| 35 | 35 | | SECTION 3. The change in law made by this Act applies only |
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| 36 | 36 | | to an offense committed on or after the effective date of this Act. |
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| 37 | 37 | | An offense committed before the effective date of this Act is |
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| 38 | 38 | | governed by the law in effect when the offense was committed, and |
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| 39 | 39 | | the former law is continued in effect for that purpose. For the |
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| 40 | 40 | | purposes of this section, an offense was committed before the |
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| 41 | 41 | | effective date of this Act if any element of the offense occurred |
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| 42 | 42 | | before that date. |
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| 43 | 43 | | SECTION 4. This Act takes effect September 1, 2009. |
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