| 1 | 1 | | 81R9458 JSC-F |
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| 2 | 2 | | By: Uresti S.B. No. 2106 |
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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 the sealing of juvenile records. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Section 58.003, Family Code, is amended by |
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| 10 | 10 | | adding Subsection (c-1) and amending Subsections (d), (e), (g), and |
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| 11 | 11 | | (m) to read as follows: |
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| 12 | 12 | | (c-1) Notwithstanding Subsections (a) and (c) and subject |
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| 13 | 13 | | to Subsection (b), a juvenile court may immediately and without a |
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| 14 | 14 | | hearing order the sealing of records concerning a child adjudicated |
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| 15 | 15 | | as having engaged in delinquent conduct or conduct indicating a |
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| 16 | 16 | | need for supervision that violated a penal law of the grade of |
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| 17 | 17 | | misdemeanor or felony if the child successfully completed: |
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| 18 | 18 | | (1) a special program ordered by the court under |
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| 19 | 19 | | Article 45.057, Code of Criminal Procedure; or |
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| 20 | 20 | | (2) a drug court program under Chapter 469, Health and |
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| 21 | 21 | | Safety Code. |
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| 22 | 22 | | (d) The court may grant the relief authorized in Subsection |
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| 23 | 23 | | (a) or (c-1) at any time after final discharge of the person or |
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| 24 | 24 | | after the last official action in the case if there was no |
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| 25 | 25 | | adjudication. If the child is referred to the juvenile court for |
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| 26 | 26 | | conduct constituting any offense and at the adjudication hearing |
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| 27 | 27 | | the child is found to be not guilty of each offense alleged, the |
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| 28 | 28 | | court shall immediately order the sealing of all files and records |
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| 29 | 29 | | relating to the case. |
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| 30 | 30 | | (e) If a hearing is required, reasonable [Reasonable] |
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| 31 | 31 | | notice of the hearing shall be given to: |
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| 32 | 32 | | (1) the person who made the application or who is the |
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| 33 | 33 | | subject of the records named in the motion; |
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| 34 | 34 | | (2) the prosecuting attorney for the juvenile court; |
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| 35 | 35 | | (3) the authority granting the discharge if the final |
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| 36 | 36 | | discharge was from an institution or from parole; |
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| 37 | 37 | | (4) the public or private agency or institution having |
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| 38 | 38 | | custody of records named in the application or motion; and |
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| 39 | 39 | | (5) the law enforcement agency having custody of files |
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| 40 | 40 | | or records named in the application or motion. |
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| 41 | 41 | | (g) On entry of an [the] order sealing records under this |
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| 42 | 42 | | section: |
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| 43 | 43 | | (1) a verification from the appropriate person, |
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| 44 | 44 | | including an agency or other entity, stating that all law |
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| 45 | 45 | | enforcement, prosecuting attorney, clerk of court, and juvenile |
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| 46 | 46 | | court records ordered sealed have been sealed shall be sent before |
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| 47 | 47 | | the 61st day after the date the order is received to the court |
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| 48 | 48 | | issuing the order; |
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| 49 | 49 | | (2) a verification from the appropriate agency or |
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| 50 | 50 | | institution stating that all records of a public or private agency |
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| 51 | 51 | | or institution ordered sealed have been sealed shall be sent before |
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| 52 | 52 | | the 61st day after the date the order is received to the court |
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| 53 | 53 | | issuing the order; |
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| 54 | 54 | | (3) all index references to the records ordered sealed |
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| 55 | 55 | | shall be deleted before the 61st day after the date the order is |
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| 56 | 56 | | received, and verification of the deletion shall be sent before the |
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| 57 | 57 | | 61st day after the date of the deletion to the court issuing the |
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| 58 | 58 | | order; |
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| 59 | 59 | | (4) the juvenile court, clerk of court, prosecuting |
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| 60 | 60 | | attorney, public or private agency or institution, and law |
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| 61 | 61 | | enforcement officers and agencies shall properly reply that no |
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| 62 | 62 | | record exists with respect to the person on inquiry in any matter; |
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| 63 | 63 | | and |
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| 64 | 64 | | (5) the adjudication shall be vacated and the |
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| 65 | 65 | | proceeding dismissed and treated for all purposes other than a |
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| 66 | 66 | | subsequent capital prosecution, including the purpose of showing a |
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| 67 | 67 | | prior finding of delinquent conduct, as if it had never occurred. |
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| 68 | 68 | | (m) On request of the Department of Public Safety, a |
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| 69 | 69 | | juvenile court shall reopen and allow the department to inspect the |
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| 70 | 70 | | files and records of the juvenile court, and records described by |
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| 71 | 71 | | Subsections (g)(1) and (2), relating to an applicant for a license |
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| 72 | 72 | | to carry a concealed handgun under Subchapter H, Chapter 411, |
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| 73 | 73 | | Government Code. |
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| 74 | 74 | | SECTION 2. The change in law made by this Act applies to the |
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| 75 | 75 | | sealing of records in the adjudication of a juvenile case on or |
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| 76 | 76 | | after the effective date of this Act, regardless of whether the |
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| 77 | 77 | | adjudication occurred before, on, or after the effective date of |
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| 78 | 78 | | this Act. |
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| 79 | 79 | | SECTION 3. This Act takes effect September 1, 2009. |
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