Texas 2017 - 85th Regular

Texas House Bill HB2863 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	85R15500 MK-F
2	2	By: White H.B. No. 2863
3	3	Substitute the following for H.B. No. 2863:
4	4	By: Dutton C.S.H.B. No. 2863
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to confidentiality, sharing, sealing, and destruction of
10	10	juvenile records.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Article 62.007(e), Code of Criminal Procedure,
13	13	is amended to read as follows:
14	14	(e) Records [Notwithstanding Chapter 58, Family Code,
15	15	records] and files, including records that have been sealed under
16	16	Chapter 58, Family Code [Section 58.003 of that code], relating to a
17	17	person for whom a court, the Texas Department of Criminal Justice,
18	18	or the Texas Juvenile Justice Department is required under this
19	19	article to determine a level of risk shall be released to the court,
20	20	the Texas Department of Criminal Justice, or the Texas Juvenile
21	21	Justice Department, as appropriate, for the purpose of determining
22	22	the person's risk level.
23	23	SECTION 2. Section 54.04(h), Family Code, is amended to
24	24	read as follows:
25	25	(h) At the conclusion of the dispositional hearing, the
26	26	court shall inform the child of:
27	27	(1) the child's right to appeal, as required by Section
28	28	56.01; and
29	29	(2) the procedures for the sealing of the child's
30	30	records under Subchapter C-1, Chapter 58 [Section 58.003].
31	31	SECTION 3. Section 54.04012(d), Family Code, is amended to
32	32	read as follows:
33	33	(d) Following a child's successful completion of the
34	34	program, the court may order the sealing of the records of the case
35	35	in the manner provided by Subchapter C-1, Chapter 58 [Sections
36	36	58.003(c-7) and (c-8)].
37	37	SECTION 4. The heading to Subchapter A, Chapter 58, Family
38	38	Code, is amended to read as follows:
39	39	SUBCHAPTER A. CREATION AND CONFIDENTIALITY OF JUVENILE RECORDS
40	40	SECTION 5. The heading to Section 58.001, Family Code, is
41	41	amended to read as follows:
42	42	Sec. 58.001. LAW ENFORCEMENT COLLECTION AND TRANSMITTAL OF
43	43	RECORDS OF CHILDREN.
44	44	SECTION 6. Sections 58.002(a), (b), and (c), Family Code,
45	45	are amended to read as follows:
46	46	(a) Except as provided by Chapter 63, Code of Criminal
47	47	Procedure, a child may not be photographed or fingerprinted without
48	48	the consent of the juvenile court unless the child is:
49	49	(1) taken into custody; or
50	50	(2) referred to the juvenile court for conduct that
51	51	constitutes a felony or a misdemeanor punishable by confinement in
52	52	jail, regardless of whether the child has been taken into custody.
53	53	(b) On or before December 31 of each year, the head of each
54	54	municipal or county law enforcement agency located in a county
55	55	shall certify to the juvenile board for that county that the
56	56	photographs and fingerprints required to be destroyed under Section
57	57	58.001 have been destroyed. The juvenile board may [shall] conduct
58	58	or cause to be conducted an audit of the records of the law
59	59	enforcement agency to verify the destruction of the photographs and
60	60	fingerprints and the law enforcement agency shall make its records
61	61	available for this purpose. If the audit shows that the
62	62	certification provided by the head of the law enforcement agency is
63	63	false, that person is subject to prosecution for perjury under
64	64	Chapter 37, Penal Code.
65	65	(c) This section does not prohibit a law enforcement officer
66	66	from photographing or fingerprinting a child who is not in custody
67	67	or who has not been referred to the juvenile court for conduct that
68	68	constitutes a felony or misdemeanor punishable by confinement in
69	69	jail if the child's parent or guardian voluntarily consents in
70	70	writing to the photographing or fingerprinting of the child.
71	71	Consent of the child's parent or guardian is not required to
72	72	photograph or fingerprint a child described by Subsection (a)(1) or
73	73	(2).
74	74	SECTION 7. Section 58.0021(b), Family Code, is amended to
75	75	read as follows:
76	76	(b) A law enforcement officer may take temporary custody of
77	77	a child to take the child's photograph, or may obtain a photograph
78	78	of a child from a juvenile probation department in possession of a
79	79	photograph of the child, if:
80	80	(1) the officer has probable cause to believe that the
81	81	child has engaged in delinquent conduct; and
82	82	(2) the officer has probable cause to believe that the
83	83	child's photograph will be of material assistance in the
84	84	investigation of that conduct.
85	85	SECTION 8. Section 58.004, Family Code, is amended to read
86	86	as follows:
87	87	Sec. 58.004. REDACTION OF VICTIM'S PERSONALLY IDENTIFIABLE
88	88	INFORMATION. (a) Notwithstanding any other law, before disclosing
89	89	any juvenile court record [or file] of a child as authorized by this
90	90	chapter or other law, the custodian of the record [or file] must
91	91	redact any personally identifiable information about a victim of
92	92	the child's delinquent conduct or conduct indicating a need for
93	93	supervision who was under 18 years of age on the date the conduct
94	94	occurred.
95	95	(b) This section does not apply to information that is:
96	96	(1) necessary for an agency to provide services to the
97	97	victim;
98	98	(2) necessary for law enforcement purposes; [or]
99	99	(3) shared within the statewide juvenile information
100	100	and case management system established under Subchapter E;
101	101	(4) shared with an attorney representing the child in
102	102	a proceeding under this title; or
103	103	(5) shared with an attorney representing any other
104	104	person in a juvenile or criminal court proceeding arising from the
105	105	same act or conduct for which the child was referred to juvenile
106	106	court.
107	107	SECTION 9. Section 58.005, Family Code, is amended to read
108	108	as follows:
109	109	Sec. 58.005. CONFIDENTIALITY OF FACILITY RECORDS. (a)
110	110	This section applies only to the inspection, copying, and
111	111	maintenance of a record [Records and files] concerning a child and
112	112	to the storage of information from which a record could be
113	113	generated, including personally identifiable information, [and]
114	114	information obtained for the purpose of diagnosis, examination,
115	115	evaluation, or treatment of the child or for making a referral for
116	116	treatment of the [a] child, and other records or information,
117	117	created by or in the possession of:
118	118	(1) the Texas Juvenile Justice Department;
119	119	(2) an entity having custody of the child under a
120	120	contract with the Texas Juvenile Justice Department; or
121	121	(3) another [by a] public or private agency or
122	122	institution [providing supervision of a child by arrangement of the
123	123	juvenile court or] having custody of the child under order of the
124	124	juvenile court, including a facility operated by or under contract
125	125	with a juvenile board or juvenile probation department.
126	126	(a-1) Except as provided by Article 15.27, Code of Criminal
127	127	Procedure, the records and information to which this section
128	128	applies may be disclosed only to:
129	129	(1) the professional staff or consultants of the
130	130	agency or institution;
131	131	(2) the judge, probation officers, and professional
132	132	staff or consultants of the juvenile court;
133	133	(3) an attorney for the child;
134	134	(4) a governmental agency if the disclosure is
135	135	required or authorized by law;
136	136	(5) a person or entity to whom the child is referred
137	137	for treatment or services if the agency or institution disclosing
138	138	the information has entered into a written confidentiality
139	139	agreement with the person or entity regarding the protection of the
140	140	disclosed information;
141	141	(6) the Texas Department of Criminal Justice and the
142	142	Texas Juvenile Justice Department for the purpose of maintaining
143	143	statistical records of recidivism and for diagnosis and
144	144	classification; or
145	145	(7) with permission from [leave of] the juvenile
146	146	court, any other person, agency, or institution having a legitimate
147	147	interest in the proceeding or in the work of the court.
148	148	(b) This section does not affect the collection,
149	149	dissemination, or maintenance of information as provided by
150	150	Subchapter B or [apply to information collected under Section
151	151	58.104 or under Subchapter] D-1.
152	152	SECTION 10. Section 58.0052(b), Family Code, is amended to
153	153	read as follows:
154	154	(b) Subject to Subsection (c), at [At] the request of a
155	155	juvenile service provider, another juvenile service provider shall
156	156	disclose to that provider a multi-system youth's personal health
157	157	information or a history of governmental services provided to the
158	158	multi-system youth, including:
159	159	(1) identity records;
160	160	(2) medical and dental records;
161	161	(3) assessment or diagnostic test results;
162	162	(4) special needs;
163	163	(5) program placements; [and]
164	164	(6) psychological diagnoses; and
165	165	(7) other related records or information.
166	166	SECTION 11. The heading to Section 58.007, Family Code, is
167	167	amended to read as follows:
168	168	Sec. 58.007. CONFIDENTIALITY OF PROBATION DEPARTMENT,
169	169	PROSECUTOR, AND COURT [PHYSICAL] RECORDS [OR FILES].
170	170	SECTION 12. Section 58.007, Family Code, is amended by
171	171	amending Subsections (a), (b), (g), and (i) and adding Subsection
172	172	(b-1) to read as follows:
173	173	(a) This section applies only to the inspection, copying,
174	174	and maintenance of a [physical] record [or file] concerning a child
175	175	and the storage of information, by electronic means or otherwise,
176	176	concerning the child from which a [physical] record [or file] could
177	177	be generated and does not affect the collection, dissemination, or
178	178	maintenance of information as provided by Subchapter B or D-1. This
179	179	section does not apply to a record [or file] relating to a child
180	180	that is:
181	181	(1) required or authorized to be maintained under the
182	182	laws regulating the operation of motor vehicles in this state;
183	183	(2) maintained by a municipal or justice court; or
184	184	(3) subject to disclosure under Chapter 62, Code of
185	185	Criminal Procedure.
186	186	(b) Except as provided by Section 54.051(d-1) and by Article
187	187	15.27, Code of Criminal Procedure, the records, whether physical or
188	188	electronic, [and files] of a juvenile court, a clerk of court, a
189	189	juvenile probation department, or a prosecuting attorney relating
190	190	to a child who is a party to a proceeding under this title may be
191	191	inspected or copied only by:
192	192	(1) the judge, probation officers, and professional
193	193	staff or consultants of the juvenile court;
194	194	(2) a juvenile justice agency as that term is defined
195	195	by Section 58.101;
196	196	(3) an attorney representing [for] a party in a [to
197	197	the] proceeding under this title;
198	198	(4) a person or entity to whom the child is referred
199	199	for treatment or services, if the agency or institution disclosing
200	200	the information has entered into a written confidentiality
201	201	agreement with the person or entity regarding the protection of the
202	202	disclosed information;
203	203	(5) a public or private agency or institution
204	204	providing supervision of the child by arrangement of the juvenile
205	205	court, or having custody of the child under juvenile court order; or
206	206	(6) [(5)] with permission from [leave of] the juvenile
207	207	court, any other person, agency, or institution having a legitimate
208	208	interest in the proceeding or in the work of the court.
209	209	(b-1) A person who is the subject of the records is entitled
210	210	to access the records for the purpose of preparing and presenting a
211	211	motion or application to seal the records.
212	212	(g) For the purpose of offering a record as evidence in the
213	213	punishment phase of a criminal proceeding, a prosecuting attorney
214	214	may obtain the record of a defendant's adjudication that is
215	215	admissible under Section 3(a), Article 37.07, Code of Criminal
216	216	Procedure, by submitting a request for the record to the juvenile
217	217	court that made the adjudication. If a court receives a request
218	218	from a prosecuting attorney under this subsection, the court shall,
219	219	if the court possesses the requested record of adjudication,
220	220	certify and provide the prosecuting attorney with a copy of the
221	221	record. If a record has been sealed under this chapter, the
222	222	juvenile court may not provide a copy of the record to a prosecuting
223	223	attorney under this subsection.
224	224	(i) In addition to the authority to release information
225	225	under Subsection (b)(6) [(b)(5)], a juvenile probation department
226	226	may release information contained in its records without leave of
227	227	the juvenile court pursuant to guidelines adopted by the juvenile
228	228	board.
229	229	SECTION 13. Subchapter A, Chapter 58, Family Code, is
230	230	amended by adding Section 58.008 to read as follows:
231	231	Sec. 58.008. CONFIDENTIALITY OF LAW ENFORCEMENT RECORDS.
232	232	(a) This section applies only to the inspection, copying, and
233	233	maintenance of a record concerning a child and to the storage of
234	234	information, by electronic means or otherwise, concerning the child
235	235	from which a record could be generated and does not affect the
236	236	collection, dissemination, or maintenance of information as
237	237	provided by Subchapter B. This section does not apply to a record
238	238	relating to a child that is:
239	239	(1) required or authorized to be maintained under the
240	240	laws regulating the operation of motor vehicles in this state;
241	241	(2) maintained by a municipal or justice court; or
242	242	(3) subject to disclosure under Chapter 62, Code of
243	243	Criminal Procedure.
244	244	(b) Except as provided by Subsection (d), law enforcement
245	245	records concerning a child and information concerning a child that
246	246	are stored by electronic means or otherwise and from which a record
247	247	could be generated may not be disclosed to the public and shall be:
248	248	(1) if maintained on paper or microfilm, kept separate
249	249	from adult records;
250	250	(2) if maintained electronically in the same computer
251	251	system as adult records, accessible only under controls that are
252	252	separate and distinct from the controls to access electronic data
253	253	concerning adults; and
254	254	(3) maintained on a local basis only and not sent to a
255	255	central state or federal depository, except as provided by
256	256	Subsection (c) or Subchapter B, D, or E.
257	257	(c) The law enforcement records of a person with a
258	258	determinate sentence who is transferred to the Texas Department of
259	259	Criminal Justice may be transferred to a central state or federal
260	260	depository for adult records after the date of transfer and may be
261	261	shared in accordance with the laws governing the adult records in
262	262	the depository.
263	263	(d) Law enforcement records concerning a child may be
264	264	inspected or copied by:
265	265	(1) a juvenile justice agency, as defined by Section
266	266	58.101;
267	267	(2) a criminal justice agency, as defined by Section
268	268	411.082, Government Code;
269	269	(3) the child; or
270	270	(4) the child's parent or guardian.
271	271	(e) Before a child or a child's parent or guardian may
272	272	inspect or copy a record concerning the child under Subsection (d),
273	273	the custodian of the record shall redact:
274	274	(1) any personally identifiable information about a
275	275	juvenile suspect, offender, victim, or witness who is not the
276	276	child; and
277	277	(2) any information that is excepted from required
278	278	disclosure under Chapter 552, Government Code, or any other law.
279	279	(f) If a child has been reported missing by a parent,
280	280	guardian, or conservator of that child, information about the child
281	281	may be forwarded to and disseminated by the Texas Crime Information
282	282	Center and the National Crime Information Center.
283	283	SECTION 14. Section 58.0072, Family Code, is redesignated
284	284	as Section 58.009, Family Code, and amended to read as follows:
285	285	Sec. 58.009 [58.0072]. DISSEMINATION OF JUVENILE JUSTICE
286	286	INFORMATION BY THE TEXAS JUVENILE JUSTICE DEPARTMENT. (a) Except
287	287	as provided by this section, juvenile justice information collected
288	288	and maintained by the Texas Juvenile Justice Department for
289	289	statistical and research purposes is confidential information for
290	290	the use of the department and may not be disseminated by the
291	291	department.
292	292	(b) Juvenile justice information consists of information of
293	293	the type described by Section 58.104, including statistical data in
294	294	any form or medium collected, maintained, or submitted to the Texas
295	295	Juvenile Justice Department under Section 221.007, Human Resources
296	296	Code.
297	297	(c) The Texas Juvenile Justice Department may grant the
298	298	following entities access to juvenile justice information for
299	299	research and statistical purposes or for any other purpose approved
300	300	by the department:
301	301	(1) criminal justice agencies as defined by Section
302	302	411.082, Government Code;
303	303	(2) the Texas Education Agency, as authorized under
304	304	Section 37.084, Education Code;
305	305	(3) any agency under the authority of the Health and
306	306	Human Services Commission; or
307	307	(4) a public or private university.
308	308	(d) The Texas Juvenile Justice Department may grant the
309	309	following entities access to juvenile justice information only for
310	310	a purpose beneficial to and approved by the department to:
311	311	(1) a person working on a research or statistical
312	312	project that:
313	313	(A) is funded in whole or in part by state or
314	314	federal funds; and
315	315	(B) meets the requirements of and is approved by
316	316	the department; or
317	317	(2) a person working on a research or statistical
318	318	project that:
319	319	(A) meets the requirements of and is approved by
320	320	the department; and
321	321	(B) [governmental entity that] has a specific
322	322	agreement with the department that[, if the agreement]:
323	323	(i) [(A)] specifically authorizes access
324	324	to information;
325	325	(ii) [(B)] limits the use of information to
326	326	the purposes for which the information is given;
327	327	(iii) [(C)] ensures the security and
328	328	confidentiality of the information; and
329	329	(iv) [(D)] provides for sanctions if a
330	330	requirement imposed under Subparagraph (i), (ii), or (iii)
331	331	[Paragraph (A), (B), or (C)] is violated.
332	332	(e) The Texas Juvenile Justice Department shall grant
333	333	access to juvenile justice information for legislative purposes
334	334	under Section 552.008, Government Code.
335	335	(f) The Texas Juvenile Justice Department may not release
336	336	juvenile justice information in identifiable form, except for
337	337	information released under Subsection (c)(1), (2), or (3) or under
338	338	the terms of an agreement entered into under Subsection (d)(2). For
339	339	purposes of this subsection, identifiable information means
340	340	information that contains a juvenile offender's name or other
341	341	personal identifiers or that can, by virtue of sample size or other
342	342	factors, be reasonably interpreted as referring to a particular
343	343	juvenile offender.
344	344	(g) Except as provided by Subsection (e), the [The] Texas
345	345	Juvenile Justice Department is permitted but not required to
346	346	release or disclose juvenile justice information to any person
347	347	[not] identified under this section.
348	348	SECTION 15. Section 58.102(c), Family Code, is amended to
349	349	read as follows:
350	350	(c) The department may not collect, [or] retain, or share
351	351	information relating to a juvenile except as provided by [if] this
352	352	chapter [prohibits or restricts the collection or retention of the
353	353	information].
354	354	SECTION 16. Sections 58.104(a), (b), and (f), Family Code,
355	355	are amended to read as follows:
356	356	(a) Subject to Subsection (f), the juvenile justice
357	357	information system shall consist of information relating to
358	358	delinquent conduct committed or alleged to have been committed by a
359	359	juvenile offender that, if the conduct had been committed by an
360	360	adult, would constitute a criminal offense other than an offense
361	361	punishable by a fine only, including information relating to:
362	362	(1) the juvenile offender;
363	363	(2) the intake or referral of the juvenile offender
364	364	into the juvenile justice system;
365	365	(3) the detention of the juvenile offender;
366	366	(4) the prosecution of the juvenile offender;
367	367	(5) the disposition of the juvenile offender's case,
368	368	including the name and description of any program to which the
369	369	juvenile offender is referred; [and]
370	370	(6) the probation or commitment of the juvenile
371	371	offender; and
372	372	(7) the termination of probation supervision or
373	373	discharge from commitment of the juvenile offender.
374	374	(b) To the extent possible and subject to Subsection (a),
375	375	the department shall include in the juvenile justice information
376	376	system the following information for each juvenile offender taken
377	377	into custody, detained, or referred under this title for delinquent
378	378	conduct:
379	379	(1) the juvenile offender's name, including other
380	380	names by which the juvenile offender is known;
381	381	(2) the juvenile offender's date and place of birth;
382	382	(3) the juvenile offender's physical description,
383	383	including sex, weight, height, race, ethnicity, eye color, hair
384	384	color, scars, marks, and tattoos;
385	385	(4) the juvenile offender's state identification
386	386	number, and other identifying information, as determined by the
387	387	department;
388	388	(5) the juvenile offender's fingerprints;
389	389	(6) the juvenile offender's last known residential
390	390	address, including the census tract number designation for the
391	391	address;
392	392	(7) the name and identifying number of the agency that
393	393	took into custody or detained the juvenile offender;
394	394	(8) the date of detention or custody;
395	395	(9) the conduct for which the juvenile offender was
396	396	taken into custody, detained, or referred, including level and
397	397	degree of the alleged offense;
398	398	(10) the name and identifying number of the juvenile
399	399	intake agency or juvenile probation office;
400	400	(11) each disposition by the juvenile intake agency or
401	401	juvenile probation office;
402	402	(12) the date of disposition by the juvenile intake
403	403	agency or juvenile probation office;
404	404	(13) the name and identifying number of the
405	405	prosecutor's office;
406	406	(14) each disposition by the prosecutor;
407	407	(15) the date of disposition by the prosecutor;
408	408	(16) the name and identifying number of the court;
409	409	(17) each disposition by the court, including
410	410	information concerning probation or custody of a juvenile offender
411	411	by a juvenile justice agency [or probation];
412	412	(18) the date of disposition by the court;
413	413	(19) the date any probation supervision, including
414	414	deferred prosecution supervision, was terminated;
415	415	(20) any commitment or release under supervision by
416	416	the Texas Juvenile Justice Department;
417	417	(21) [(20)] the date of any commitment or release
418	418	under supervision by the Texas Juvenile Justice Department; and
419	419	(22) [(21)] a description of each appellate
420	420	proceeding.
421	421	(f) Records maintained by the department in the depository
422	422	are subject to being sealed under Subchapter C-1 [Section 58.003].
423	423	SECTION 17. Sections 58.106(a-2) and (b), Family Code, are
424	424	amended to read as follows:
425	425	(a-2) Information disseminated under Subsection (a) [or
426	426	(a-1)] remains confidential after dissemination and may be
427	427	disclosed by the recipient only as provided by this title.
428	428	(b) Subsection (a) does [Subsections (a) and (a-1) do] not
429	429	apply to a document maintained by a juvenile justice or law
430	430	enforcement agency that is the source of information collected by
431	431	the department.
432	432	SECTION 18. Chapter 58, Family Code, is amended by adding
433	433	Subchapter C-1 to read as follows:
434	434	SUBCHAPTER C-1. SEALING AND DESTRUCTION OF JUVENILE RECORDS
435	435	Sec. 58.251. DEFINITIONS. In this subchapter:
436	436	(1) "Electronic record" means an entry in a computer
437	437	file or information on microfilm, microfiche, or any other
438	438	electronic storage media.
439	439	(2) "Juvenile matter" means a referral to a juvenile
440	440	court or juvenile probation department and all related court
441	441	proceedings and outcomes, if any.
442	442	(3) "Physical record" means a paper copy of a record.
443	443	(4) "Record" means any documentation related to a
444	444	juvenile matter, including information contained in that
445	445	documentation.
446	446	Sec. 58.252. EXEMPTED RECORDS. The following records are
447	447	exempt from this subchapter:
448	448	(1) records relating to a criminal combination or
449	449	criminal street gang maintained by the Department of Public Safety
450	450	or a local law enforcement agency under Chapter 61, Code of Criminal
451	451	Procedure;
452	452	(2) sex offender registration records maintained by
453	453	the Department of Public Safety or a local law enforcement agency
454	454	under Chapter 62, Code of Criminal Procedure; and
455	455	(3) records collected or maintained by the Texas
456	456	Juvenile Justice Department for statistical and research purposes,
457	457	including data submitted under Section 221.007, Human Resources
458	458	Code, and personally identifiable information.
459	459	Sec. 58.253. SEALING RECORDS WITHOUT APPLICATION:
460	460	DELINQUENT CONDUCT. (a) This section does not apply to the records
461	461	of a child referred to a juvenile court or juvenile probation
462	462	department solely for conduct indicating a need for supervision.
463	463	(b) A person who was referred to a juvenile probation
464	464	department for delinquent conduct is entitled to have all records
465	465	related to the person's juvenile matters, including records
466	466	relating to any matters involving conduct indicating a need for
467	467	supervision, sealed without applying to the juvenile court if the
468	468	person:
469	469	(1) is at least 19 years of age;
470	470	(2) has not been adjudicated as having engaged in
471	471	delinquent conduct or, if adjudicated for delinquent conduct, was
472	472	not adjudicated for delinquent conduct violating a penal law of the
473	473	grade of felony;
474	474	(3) does not have any pending delinquent conduct
475	475	matters;
476	476	(4) has not been transferred by a juvenile court to a
477	477	criminal court for prosecution under Section 54.02;
478	478	(5) has not as an adult been convicted of a felony or a
479	479	misdemeanor punishable by confinement in jail; and
480	480	(6) does not have any pending charges as an adult for a
481	481	felony or a misdemeanor punishable by confinement in jail.
482	482	(c) A person who was referred to a juvenile probation
483	483	department for delinquent conduct is entitled to have all records
484	484	related to the person's juvenile matters, including records
485	485	relating to any matters involving conduct indicating a need for
486	486	supervision, sealed without applying to the juvenile court if the
487	487	person:
488	488	(1) is at least 25 years of age;
489	489	(2) was adjudicated as having engaged in delinquent
490	490	conduct violating a penal law of the grade of felony;
491	491	(3) did not receive a determinate sentence for
492	492	engaging in:
493	493	(A) delinquent conduct that violated a penal law
494	494	listed under Section 53.045; or
495	495	(B) habitual felony conduct as described by
496	496	Section 51.031;
497	497	(4) has not been required to register as a sex offender
498	498	under Chapter 62, Code of Criminal Procedure;
499	499	(5) does not have any pending delinquent conduct
500	500	matters;
501	501	(6) has not been transferred by a juvenile court to a
502	502	criminal court for prosecution under Section 54.02;
503	503	(7) has not as an adult been convicted of a felony or a
504	504	misdemeanor punishable by confinement in jail; and
505	505	(8) does not have any pending charges as an adult for a
506	506	felony or a misdemeanor punishable by confinement in jail.
507	507	Sec. 58.254. CERTIFICATION OF ELIGIBILITY FOR SEALING
508	508	RECORDS WITHOUT APPLICATION FOR DELINQUENT CONDUCT. (a) The
509	509	Department of Public Safety shall certify to a juvenile probation
510	510	department that has submitted records to the juvenile justice
511	511	information system that the records relating to a person referred
512	512	to the juvenile probation department appear to be eligible for
513	513	sealing under Section 58.253.
514	514	(b) The Department of Public Safety may issue the
515	515	certification described by Subsection (a) by electronic means,
516	516	including by electronic mail.
517	517	(c) Except as provided by Subsection (d), not later than the
518	518	60th day after the date the juvenile probation department receives
519	519	a certification under Subsection (a), the juvenile probation
520	520	department shall:
521	521	(1) give notice of the receipt of the certification to
522	522	the juvenile court; and
523	523	(2) provide the court with a list of all referrals
524	524	received by the department relating to that person and the outcome
525	525	of each referral.
526	526	(d) If a juvenile probation department has reason to believe
527	527	the records of the person for whom the department received a
528	528	certification under Subsection (a) are not eligible to be sealed,
529	529	the juvenile probation department shall notify the Department of
530	530	Public Safety not later than the 15th day after the date the
531	531	juvenile probation department received the certification. If the
532	532	juvenile probation department later determines that the person's
533	533	records are eligible to be sealed, the juvenile probation
534	534	department shall notify the juvenile court and provide the court
535	535	the information described by Subsection (c) not later than the 30th
536	536	day after the date of the determination.
537	537	(e) If, after receiving a certification under Subsection
538	538	(a), the juvenile probation department determines that the person's
539	539	records are not eligible to be sealed, the juvenile probation
540	540	department and the Department of Public Safety shall update the
541	541	juvenile justice information system to reflect that determination
542	542	and no further action related to the records is required.
543	543	(f) Not later than the 60th day after the date a juvenile
544	544	court receives notice from a juvenile probation department under
545	545	Subsection (c), the juvenile court shall issue an order sealing all
546	546	records relating to the person named in the certification.
547	547	Sec. 58.255. SEALING RECORDS WITHOUT APPLICATION: CONDUCT
548	548	INDICATING NEED FOR SUPERVISION. (a) A person who was referred to
549	549	a juvenile probation department for conduct indicating a need for
550	550	supervision is entitled to have all records related to all conduct
551	551	indicating a need for supervision matters sealed without applying
552	552	to the juvenile court if the person:
553	553	(1) is at least 18 years of age;
554	554	(2) has not been referred to the juvenile probation
555	555	department for delinquent conduct;
556	556	(3) has not as an adult been convicted of a felony; and
557	557	(4) does not have any pending charges as an adult for a
558	558	felony or a misdemeanor punishable by confinement in jail.
559	559	(b) The juvenile probation department shall:
560	560	(1) give the juvenile court notice that a person's
561	561	records are eligible for sealing under Subsection (a); and
562	562	(2) provide the juvenile court with a list of all
563	563	referrals relating to that person received by the department and
564	564	the outcome of each referral.
565	565	(c) Not later than the 60th day after the date the juvenile
566	566	court receives notice from the juvenile probation department under
567	567	Subsection (b), the juvenile court shall issue an order sealing all
568	568	records relating to the person named in the notice.
569	569	Sec. 58.256. APPLICATION FOR SEALING RECORDS. (a)
570	570	Notwithstanding Sections 58.253 and 58.255, a person may file an
571	571	application for the sealing of records related to the person in the
572	572	juvenile court served by the juvenile probation department to which
573	573	the person was referred. The court may not charge a fee for filing
574	574	the application, regardless of the form of the application.
575	575	(b) An application filed under this section must include
576	576	either the following information or the reason that one or more of
577	577	the following is not included in the application:
578	578	(1) the person's:
579	579	(A) full name;
580	580	(B) sex;
581	581	(C) race or ethnicity;
582	582	(D) date of birth;
583	583	(E) driver's license or identification card
584	584	number; and
585	585	(F) social security number;
586	586	(2) the conduct for which the person was referred to
587	587	the juvenile probation department, including the date on which the
588	588	conduct was alleged or found to have been committed;
589	589	(3) the cause number assigned to each petition
590	590	relating to the person filed in juvenile court, if any, and the
591	591	court in which the petition was filed; and
592	592	(4) a list of all entities the person believes have
593	593	possession of records related to the person, including the
594	594	applicable entities listed under Section 58.258(b).
595	595	(c) Except as provided by Subsection (d), the juvenile court
596	596	may order the sealing of records related to all matters for which
597	597	the person was referred to the juvenile probation department if the
598	598	person:
599	599	(1) is at least 18 years of age, or is younger than 18
600	600	years of age and at least two years have elapsed after the date of
601	601	final discharge in each matter for which the person was referred to
602	602	the juvenile probation department;
603	603	(2) does not have any delinquent conduct matters
604	604	pending with any juvenile probation department or juvenile court;
605	605	(3) was not transferred by a juvenile court to a
606	606	criminal court for prosecution under Section 54.02;
607	607	(4) has not as an adult been convicted of a felony; and
608	608	(5) does not have any pending charges as an adult for a
609	609	felony or a misdemeanor punishable by confinement in jail.
610	610	(d) A court may not order the sealing of the records of a
611	611	person who:
612	612	(1) received a determinate sentence for engaging in:
613	613	(A) delinquent conduct that violated a penal law
614	614	listed under Section 53.045; or
615	615	(B) habitual felony conduct as described by
616	616	Section 51.031;
617	617	(2) is currently required to register as a sex
618	618	offender under Chapter 62, Code of Criminal Procedure; or
619	619	(3) was committed to the Texas Juvenile Justice
620	620	Department or to a post-adjudication secure correctional facility
621	621	under Section 54.04011, unless the person has been discharged from
622	622	the agency to which the person was committed.
623	623	(e) On receipt of an application under this section, the
624	624	court may:
625	625	(1) order the sealing of the person's records
626	626	immediately, without a hearing; or
627	627	(2) hold a hearing under Section 58.257 at the court's
628	628	discretion to determine whether to order the sealing of the
629	629	person's records.
630	630	Sec. 58.257. HEARING REGARDING SEALING OF RECORDS. (a) A
631	631	hearing regarding the sealing of a person's records must be held not
632	632	later than the 60th day after the date the court receives the
633	633	person's application under Section 58.256.
634	634	(b) The court shall give reasonable notice of a hearing
635	635	under this section to:
636	636	(1) the person who is the subject of the records;
637	637	(2) the person's attorney who made the application for
638	638	sealing on behalf of the person, if any;
639	639	(3) the prosecuting attorney for the juvenile court;
640	640	(4) all entities named in the application that the
641	641	person believes possess eligible records related to the person; and
642	642	(5) any individual or entity whose presence at the
643	643	hearing is requested by the person or prosecutor.
644	644	Sec. 58.258. ORDER SEALING RECORDS. (a) An order sealing
645	645	the records of a person under this subchapter must include either
646	646	the following information or the reason one or more of the following
647	647	is not included in the order:
648	648	(1) the person's:
649	649	(A) full name;
650	650	(B) sex;
651	651	(C) race or ethnicity;
652	652	(D) date of birth;
653	653	(E) driver's license or identification card
654	654	number; and
655	655	(F) social security number;
656	656	(2) each instance of conduct indicating a need for
657	657	supervision or delinquent conduct alleged against the person or for
658	658	which the person was referred to the juvenile justice system;
659	659	(3) the date on which and the county in which each
660	660	instance of conduct was alleged to have occurred;
661	661	(4) if any petitions relating to the person were filed
662	662	in juvenile court, the cause number assigned to each petition and
663	663	the court and county in which each petition was filed; and
664	664	(5) a list of the entities believed to be in possession
665	665	of the records that have been ordered sealed, including the
666	666	entities listed under Subsection (b).
667	667	(b) Not later than the 60th day after the date of the entry
668	668	of the order, the court shall provide a copy of the order to:
669	669	(1) the Department of Public Safety;
670	670	(2) the Texas Juvenile Justice Department, if the
671	671	person was committed to the department;
672	672	(3) the clerk of court;
673	673	(4) the juvenile probation department serving the
674	674	court;
675	675	(5) the prosecutor's office;
676	676	(6) each law enforcement agency that had contact with
677	677	the person in relation to the conduct that is the subject of the
678	678	sealing order;
679	679	(7) each public or private agency that had custody of
680	680	or that provided supervision or services to the person in relation
681	681	to the conduct that is the subject of the sealing order; and
682	682	(8) each official, agency, or other entity that the
683	683	court has reason to believe has any record containing information
684	684	that is related to the conduct that is the subject of the sealing
685	685	order.
686	686	(c) On entry of the order, all adjudications relating to the
687	687	person are vacated and the proceedings are dismissed and treated
688	688	for all purposes as though the proceedings had never occurred. The
689	689	clerk of court shall:
690	690	(1) seal all court records relating to the
691	691	proceedings, including any records created in the clerk's case
692	692	management system; and
693	693	(2) send copies of the order to all entities listed in
694	694	the order.
695	695	Sec. 58.259. ACTIONS TAKEN ON RECEIPT OF ORDER TO SEAL
696	696	RECORDS. (a) An entity receiving an order to seal the records of a
697	697	person issued under this subchapter shall, not later than the 61st
698	698	day after the date of receiving the order, take the following
699	699	actions, as applicable:
700	700	(1) the Department of Public Safety shall:
701	701	(A) limit access to the records relating to the
702	702	person in the juvenile justice information system to only the Texas
703	703	Juvenile Justice Department for the purpose of conducting research
704	704	and statistical studies;
705	705	(B) destroy any other records relating to the
706	706	person in the department's possession, including DNA records as
707	707	provided by Section 411.151, Government Code; and
708	708	(C) send written verification of the limitation
709	709	and destruction of the records to the issuing court;
710	710	(2) the Texas Juvenile Justice Department shall:
711	711	(A) seal all records relating to the person,
712	712	other than those exempted from sealing under Section 58.252; and
713	713	(B) send written verification of the sealing of
714	714	the records to the issuing court;
715	715	(3) a public or private agency or institution that had
716	716	custody of or provided supervision or services to the person who is
717	717	the subject of the records, the juvenile probation department, a
718	718	law enforcement entity, or a prosecuting attorney shall:
719	719	(A) seal all records relating to the person; and
720	720	(B) send written verification of the sealing of
721	721	the records to the issuing court; and
722	722	(4) any other entity that receives an order to seal a
723	723	person's records shall:
724	724	(A) send any records relating to the person to
725	725	the issuing court;
726	726	(B) delete all index references to the person's
727	727	records; and
728	728	(C) send written verification of the deletion of
729	729	the index references to the issuing court.
730	730	(b) Physical or electronic records are considered sealed if
731	731	the records are not destroyed but are stored in a manner that allows
732	732	access to the records only by the custodian of records for the
733	733	entity possessing the records.
734	734	(c) If an entity that received an order to seal records
735	735	relating to a person later receives an inquiry about a person or the
736	736	matter contained in the records, the entity must respond that no
737	737	records relating to the person or the matter exist.
738	738	(d) If an entity receiving an order to seal records under
739	739	this subchapter is unable to comply with the order because the
740	740	information in the order is incorrect or insufficient to allow the
741	741	entity to identify the records that are subject to the order, the
742	742	entity shall notify the issuing court not later than the 30th day
743	743	after the date of receipt of the order. The court shall take any
744	744	actions necessary and possible to provide the needed information to
745	745	the entity, including contacting the person who is the subject of
746	746	the order or the person's attorney.
747	747	(e) If an entity receiving a sealing order under this
748	748	subchapter has no records related to the person who is the subject
749	749	of the order, the entity shall provide written verification of that
750	750	fact to the issuing court not later than the 30th day after the date
751	751	of receipt of the order.
752	752	Sec. 58.260. INSPECTION AND RELEASE OF SEALED RECORDS. (a)
753	753	A juvenile court may allow, by order, the inspection of records
754	754	sealed under this subchapter or under Section 58.003, as that law
755	755	existed before September 1, 2017, only by:
756	756	(1) a person named in the order, on the petition of the
757	757	person who is the subject of the records;
758	758	(2) a prosecutor, on the petition of the prosecutor,
759	759	for the purpose of reviewing the records for possible use:
760	760	(A) in a capital prosecution; or
761	761	(B) for the enhancement of punishment under
762	762	Section 12.42, Penal Code; or
763	763	(3) a court, the Texas Department of Criminal Justice,
764	764	or the Texas Juvenile Justice Department for the purposes of
765	765	Article 62.007(e), Code of Criminal Procedure.
766	766	(b) After a petitioner inspects records under this section,
767	767	the court may order the release of any or all of the records to the
768	768	petitioner on the motion of the petitioner.
769	769	Sec. 58.261. EFFECT OF SEALING RECORDS. (a) A person whose
770	770	records have been sealed under this subchapter or under Section
771	771	58.003, as that law existed before September 1, 2017, is not
772	772	required to state in any proceeding or in any application for
773	773	employment, licensing, admission, housing, or other public or
774	774	private benefit that the person has been the subject of a juvenile
775	775	matter.
776	776	(b) If a person's records have been sealed, the information
777	777	in the records, the fact that the records once existed, or the
778	778	person's denial of the existence of the records or of the person's
779	779	involvement in a juvenile matter may not be used against the person
780	780	in any manner, including in:
781	781	(1) a perjury prosecution or other criminal
782	782	proceeding;
783	783	(2) a civil proceeding, including an administrative
784	784	proceeding involving a governmental entity;
785	785	(3) an application process for licensing or
786	786	certification; or
787	787	(4) an admission, employment, or housing decision.
788	788	(c) A person who is the subject of the sealed records may not
789	789	waive the protected status of the records or the consequences of the
790	790	protected status.
791	791	Sec. 58.262. INFORMATION GIVEN TO CHILD REGARDING SEALING
792	792	OF RECORDS. (a) When a child is referred to the juvenile probation
793	793	department, an employee of the juvenile probation department shall
794	794	give the child and the child's parent, guardian, or custodian a
795	795	written explanation describing the process of sealing records under
796	796	this subchapter and a copy of this subchapter.
797	797	(b) On the final discharge of a child, or on the last
798	798	official action in the matter if there is no adjudication, a
799	799	probation officer or official at the Texas Juvenile Justice
800	800	Department, as appropriate, shall give the child and the child's
801	801	parent, guardian, or custodian a written explanation regarding the
802	802	eligibility of the child's records for sealing under this
803	803	subchapter and a copy of this subchapter.
804	804	(c) The written explanation provided to a child under
805	805	Subsections (a) and (b) must include the requirements for a record
806	806	to be eligible for sealing, including an explanation of the records
807	807	that are exempt from sealing under Section 58.252, and the
808	808	following information:
809	809	(1) that, regardless of whether the child's conduct
810	810	was adjudicated, the child has a juvenile record with the
811	811	Department of Public Safety and the Federal Bureau of
812	812	Investigation;
813	813	(2) the child's juvenile record is a permanent record
814	814	unless the record is sealed under this subchapter;
815	815	(3) except as provided by Section 58.260, the child's
816	816	juvenile record, other than treatment records made confidential by
817	817	law, may be accessed by a police officer, sheriff, prosecutor,
818	818	probation officer, correctional officer, or other criminal or
819	819	juvenile justice official unless the record is sealed as provided
820	820	by this subchapter;
821	821	(4) sealing of the child's records under Section
822	822	58.253 or Section 58.255, as applicable, does not require any
823	823	action by the child or the child's family, including the filing of
824	824	an application or hiring of a lawyer, but occurs automatically at
825	825	age 18, 19, or 25, as applicable based on the child's referral and
826	826	adjudication history;
827	827	(5) the child's juvenile record may be eligible for an
828	828	earlier sealing date under Section 58.256, but an earlier sealing
829	829	requires the child or an attorney for the child to file an
830	830	application with the court;
831	831	(6) the impact of sealing records on the child; and
832	832	(7) the circumstances under which a sealed record may
833	833	be reopened.
834	834	(d) The Texas Juvenile Justice Department shall adopt rules
835	835	to implement this section and to facilitate the effective
836	836	explanation of the information required to be communicated by this
837	837	section.
838	838	Sec. 58.263. DESTRUCTION OF RECORDS: NO PROBABLE CAUSE.
839	839	The court shall order the destruction of the records relating to the
840	840	conduct for which a child is taken into custody, including records
841	841	contained in the juvenile justice information system, if:
842	842	(1) a determination is made under Section 53.01 that
843	843	no probable cause exists to believe the child engaged in the conduct
844	844	and the case is not referred to a prosecutor for review under
845	845	Section 53.012; or
846	846	(2) a determination that no probable cause exists to
847	847	believe the child engaged in the conduct is made by a prosecutor
848	848	under Section 53.012.
849	849	Sec. 58.264. PERMISSIBLE DESTRUCTION OF RECORDS. (a)
850	850	Subject to Subsections (b) and (c) of this section, Section
851	851	202.001, Local Government Code, and any other restrictions imposed
852	852	by an entity's records retention guidelines, the following persons
853	853	may authorize the destruction of records in a closed juvenile
854	854	matter, regardless of the date the records were created:
855	855	(1) a juvenile board, in relation to the records in the
856	856	possession of the juvenile probation department;
857	857	(2) the head of a law enforcement agency, in relation
858	858	to the records in the possession of the agency; and
859	859	(3) a prosecuting attorney, in relation to the records
860	860	in the possession of the prosecuting attorney's office.
861	861	(b) The records related to a person referred to a juvenile
862	862	probation department may be destroyed if the person:
863	863	(1) is at least 18 years of age, and:
864	864	(A) the most serious conduct for which the person
865	865	was referred was conduct indicating a need for supervision, whether
866	866	or not the person was adjudicated; or
867	867	(B) the referral or information did not relate to
868	868	conduct indicating a need for supervision or delinquent conduct and
869	869	the juvenile probation department, prosecutor, or juvenile court
870	870	did not take action on the referral or information for that reason;
871	871	(2) is at least 21 years of age, and:
872	872	(A) the most serious conduct for which the person
873	873	was adjudicated was delinquent conduct that violated a penal law of
874	874	the grade of misdemeanor; or
875	875	(B) the most serious conduct for which the person
876	876	was referred was delinquent conduct and the person was not
877	877	adjudicated as having engaged in the conduct; or
878	878	(3) is at least 31 years of age and the most serious
879	879	conduct for which the person was adjudicated was delinquent conduct
880	880	that violated a penal law of the grade of felony.
881	881	(c) If a record contains information relating to more than
882	882	one person referred to a juvenile probation department, the record
883	883	may only be destroyed if:
884	884	(1) the destruction of the record is authorized under
885	885	this section; and
886	886	(2) information in the record that may be destroyed
887	887	under this section can be separated from information that is not
888	888	authorized to be destroyed.
889	889	(d) Electronic records are considered to be destroyed if the
890	890	electronic records, including the index to the records, are
891	891	deleted.
892	892	(e) Converting physical records to electronic records and
893	893	subsequently destroying the physical records while maintaining the
894	894	electronic records is not considered destruction of a record under
895	895	this subchapter.
896	896	(f) This section does not authorize the destruction of the
897	897	records of the juvenile court or clerk of court.
898	898	(g) This section does not authorize the destruction of
899	899	records maintained for statistical and research purposes by the
900	900	Texas Juvenile Justice Department in a juvenile information and
901	901	case management system authorized under Section 58.403.
902	902	(h) This section does not affect the destruction of physical
903	903	records and files authorized by the Texas State Library Records
904	904	Retention Schedule.
905	905	Sec. 58.265. JUVENILE RECORDS NOT SUBJECT TO EXPUNCTION.
906	906	Records to which this chapter applies are not subject to an order of
907	907	expunction issued by any court.
908	908	SECTION 19. Section 58.112, Family Code, is transferred to
909	909	Chapter 203, Human Resources Code, and redesignated as Section
910	910	203.019, Human Resources Code, to read as follows:
911	911	Sec. 203.019 [58.112]. REPORT TO LEGISLATURE. Not later
912	912	than August 15 of each year, the Texas Juvenile Justice Department
913	913	shall submit to the lieutenant governor, the speaker of the house of
914	914	representatives, and the governor a report that contains the
915	915	following statistical information relating to children referred to
916	916	a juvenile court during the preceding year:
917	917	(1) the ages, races, and counties of residence of the
918	918	children transferred to a district court or criminal district court
919	919	for criminal proceedings; and
920	920	(2) the ages, races, and counties of residence of the
921	921	children committed to the Texas Juvenile Justice Department, placed
922	922	on probation, or discharged without any disposition.
923	923	SECTION 20. Section 411.151(a), Government Code, is amended
924	924	to read as follows:
925	925	(a) The director shall expunge a DNA record of an individual
926	926	from a DNA database if the person:
927	927	(1) notifies the director in writing that the DNA
928	928	record has been ordered to be expunged under this section or Chapter
929	929	55, Code of Criminal Procedure, and provides the director with a
930	930	certified copy of the court order that expunges the DNA record; or
931	931	(2) provides the director with a certified copy of a
932	932	court order issued under Subchapter C-1, Chapter 58 [Section
933	933	58.003], Family Code, that seals the juvenile record of the
934	934	adjudication that resulted in the DNA record.
935	935	SECTION 21. The following provisions of the Family Code are
936	936	repealed:
937	937	(1) Section 58.001(b);
938	938	(2) Section 58.003;
939	939	(3) Section 58.006;
940	940	(4) Sections 58.007(c), (d), (e), and (f);
941	941	(5) Section 58.0071;
942	942	(6) Section 58.00711;
943	943	(7) Section 58.106(a-1); and
944	944	(8) Subchapter C, Chapter 58.
945	945	SECTION 22. The changes in law made by this Act apply to
946	946	records created before, on, or after the effective date of this Act.
947	947	SECTION 23. This Act takes effect September 1, 2017.