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1 | 1 | 85R1640 ADM-D | |
2 | 2 | By: Wu H.B. No. 677 | |
3 | 3 | ||
4 | 4 | ||
5 | 5 | A BILL TO BE ENTITLED | |
6 | 6 | AN ACT | |
7 | 7 | relating to the sealing of records of certain juveniles placed on | |
8 | 8 | determinate sentence probation. | |
9 | 9 | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | |
10 | 10 | SECTION 1. Section 58.003(b), Family Code, is amended to | |
11 | 11 | read as follows: | |
12 | 12 | (b) A court may not order the sealing of the records of a | |
13 | 13 | person who has received a determinate sentence for engaging in | |
14 | 14 | delinquent conduct that violated a penal law listed in Section | |
15 | 15 | 53.045 or engaging in habitual felony conduct as described by | |
16 | 16 | Section 51.031 unless the person was placed on determinate sentence | |
17 | 17 | probation. The court may order the sealing of the records of a | |
18 | 18 | person placed on determinate sentence probation after the court | |
19 | 19 | holds a hearing to determine whether to seal the records if: | |
20 | 20 | (1) the court discharged the person from the sentence | |
21 | 21 | of probation under Section 54.051 or after the person successfully | |
22 | 22 | completed the sentence; | |
23 | 23 | (2) the person was not transferred to a district court | |
24 | 24 | under Section 54.051; and | |
25 | 25 | (3) the conditions listed under Subsections (a)(1) and | |
26 | 26 | (2) and Subsections (c)(1)-(4) are met. | |
27 | 27 | SECTION 2. The change in law made by this Act applies to the | |
28 | 28 | sealing of records in the adjudication of a juvenile case on or | |
29 | 29 | after the effective date of this Act, regardless of whether the | |
30 | 30 | adjudication occurred before, on, or after the effective date of | |
31 | 31 | this Act. | |
32 | 32 | SECTION 3. This Act takes effect September 1, 2017. |