82R7779 KCR-D
By: West S.B. No. 1426
A BILL TO BE ENTITLED
AN ACT
relating to the notice given a juvenile concerning the sealing of
the juvenile's records in a juvenile adjudication.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 54.04(h), Family Code, is amended to
read as follows:
(h) At the conclusion of the disposition [dispositional]
hearing, the court shall inform the child of:
(1) the child's right to appeal, as required by Section
56.01; and
(2) the procedures for, and the effect of, the sealing
of the child's records under Section 58.003.
SECTION 2. Sections 58.003(i) and (j), Family Code, are
amended to read as follows:
(i) On the final discharge of a child or on the last official
action in the case if there is no adjudication, the child shall be
given:
(1) a written explanation of the child's rights under
this section and the effect of sealing a child's records under this
section; and
(2) a copy of the provisions of this section.
(j) A person whose records have been sealed under this
section is not required in any proceeding or in any application for
employment, information, or licensing to state that the person has
been found to have engaged in conduct indicating a need of
supervision or delinquent conduct or has been the subject of a
proceeding under this title, and any statement that the person has
never been found to be a child in need of supervision or a
delinquent child may [shall] never be held against the person in any
criminal or civil proceeding.
SECTION 3. Sections 54.04(h) and 58.003(i) and (j), Family
Code, as amended by this Act, apply to a disposition hearing held on
or after the effective date of this Act and 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 conduct that
is the subject to the disposition hearing, or the adjudication the
records of which are being sealed, occurs before, on, or after the
effective date of this Act.
SECTION 4. This Act takes effect September 1, 2011.