83R7334 KKR-D
By: Miles H.B. No. 2854
A BILL TO BE ENTITLED
AN ACT
relating to the automatic sealing in certain cases of juvenile
records of adjudications of delinquent conduct or conduct
indicating a need for supervision.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 58.003, Family Code, is amended by
amending Subsections (a) and (e) and adding Subsections (a-1) and
(a-2) to read as follows:
(a) Except as provided by Subsections (b) and (c), [on the
application of a person who has been found to have engaged in
delinquent conduct or conduct indicating a need for supervision, or
a person taken into custody to determine whether the person engaged
in delinquent conduct or conduct indicating a need for
supervision,] on the juvenile court's own motion the court shall
immediately order the sealing of the records in the case of a person
who has been found to have engaged in delinquent conduct or conduct
indicating a need for supervision or a person taken into custody to
determine whether the person engaged in delinquent conduct or
conduct indicating a need for supervision if the court finds that:
(1) the defendant is:
(A) 16 years of age or younger and two years have
elapsed since final discharge of the person or since the last
official action in the person's case if there was no adjudication;
or
(B) 17 years of age or older and, before the
person's 17th birthday, the person has been finally discharged or
the last official action in the person's case has occurred if there
was no adjudication; [and]
(2) since the time specified in Subdivision (1)(A) or
the person's 17th birthday, as applicable [(1)], the person has not
been convicted of a felony or a misdemeanor involving moral
turpitude or found to have engaged in delinquent conduct or conduct
indicating a need for supervision and no proceeding is pending
seeking conviction or adjudication; and
(3) the prosecuting attorney does not object to the
sealing of the records under Subsection (a-1).
(a-1) On a person becoming eligible under Subsection
(a)(1), the court shall:
(1) determine whether the person meets the
requirements of Subsection (a)(2); and
(2) if the person meets the requirements of Subsection
(a)(2), provide notice to the prosecuting attorney for the juvenile
court in the case that the person's records will be sealed on the
expiration of 30 days if no objection is made by the attorney within
that time.
(a-2) If the prosecuting attorney for the juvenile court in
the case objects to sealing the person's records, the court shall
hold a hearing to determine if the records should be sealed.
(e) The court shall hold a hearing before sealing a person's
records under Subsection [(a) or] (c) unless the applicant waives
the right to a hearing in writing and the court and the prosecuting
attorney for the juvenile court consent. 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.
SECTION 2. The change in law made by this Act applies to the
sealing of and restricting access to 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 immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2013.