3 | 5 | | |
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4 | 6 | | |
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5 | 7 | | A BILL TO BE ENTITLED |
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6 | 8 | | AN ACT |
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7 | 9 | | relating to information regarding the procedures and available |
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8 | 10 | | resources for the sealing of juvenile records. |
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9 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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10 | 12 | | SECTION 1. Section 58.262, Family Code, is amended by |
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11 | 13 | | amending Subsections (a) and (b) and adding Subsections (a-1), |
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12 | 14 | | (b-1), and (e) to read as follows: |
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13 | 15 | | (a) When a child is referred to the juvenile probation |
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14 | 16 | | department, an employee of the juvenile probation department shall |
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15 | 17 | | give the child and the child's parent, guardian, or custodian: |
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16 | 18 | | (1) a written explanation describing the process of |
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17 | 19 | | sealing records under this subchapter and a copy of this |
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18 | 20 | | subchapter; and |
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19 | 21 | | (2) a list of local resources that may assist the child |
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20 | 22 | | in applying to have the child's records sealed, including attorneys |
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21 | 23 | | who, at low or no cost, represent persons in applying for the |
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22 | 24 | | sealing of juvenile records. |
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23 | 25 | | (a-1) At the time an employee of the juvenile probation |
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24 | 26 | | department gives a written explanation under Subsection (a), the |
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25 | 27 | | employee shall additionally provide an oral explanation of the |
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26 | 28 | | process of sealing records to the child and the child's parent, |
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27 | 29 | | guardian, or custodian and allow any of those persons to ask |
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28 | 30 | | questions regarding the process. |
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29 | 31 | | (b) On the final discharge of a child, or on the last |
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30 | 32 | | official action in the matter if there is no adjudication, a |
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31 | 33 | | probation officer, other official at the juvenile probation |
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32 | 34 | | department, or official at the Texas Juvenile Justice Department, |
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33 | 35 | | as appropriate, shall give the child and the child's parent, |
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34 | 36 | | guardian, or custodian: |
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35 | 37 | | (1) a written explanation regarding the eligibility of |
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36 | 38 | | the child's records for sealing under this subchapter and a copy of |
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37 | 39 | | this subchapter; and |
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38 | 40 | | (2) a list of local resources that may assist the child |
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39 | 41 | | in applying to have the child's records sealed, including attorneys |
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40 | 42 | | who, at low or no cost, represent persons in applying for the |
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41 | 43 | | sealing of juvenile records. |
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42 | 44 | | (b-1) At the time a probation officer, other official at the |
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43 | 45 | | juvenile probation department, or official at the Texas Juvenile |
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44 | 46 | | Justice Department gives a written explanation under Subsection |
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45 | 47 | | (b), the officer or official shall additionally provide an oral |
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46 | 48 | | explanation of the eligibility of the child's records for sealing |
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47 | 49 | | to the child and the child's parent, guardian, or custodian and |
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48 | 50 | | allow any of those persons to ask questions regarding the child's |
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49 | 51 | | eligibility and the process of having records sealed. |
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50 | 52 | | (e) The Texas Juvenile Justice Department shall publish on |
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51 | 53 | | the department's Internet website a brochure that describes the |
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52 | 54 | | process of sealing records under this subchapter and that lists |
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53 | 55 | | resources that may assist a child in applying to seal the child's |
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54 | 56 | | records. |
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55 | 57 | | SECTION 2. Subchapter C-1, Chapter 58, Family Code, is |
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56 | 58 | | amended by adding Section 58.2625 to read as follows: |
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57 | 59 | | Sec. 58.2625. ONLINE DIRECTORY OF ATTORNEYS FOR SEALING |
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58 | 60 | | JUVENILE RECORDS. (a) In this section, "state bar" means the State |
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59 | 61 | | Bar of Texas. |
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60 | 62 | | (b) The state bar shall create and maintain a directory of |
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61 | 63 | | attorneys in this state who, at low or no cost, represent persons in |
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62 | 64 | | applying for the sealing of juvenile records. The directory must |
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63 | 65 | | describe the administrative judicial regions created under Section |
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64 | 66 | | 74.042, Government Code, and list the attorneys who offer that |
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65 | 67 | | representation in those regions. |
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66 | 68 | | (c) The state bar shall make the directory available to the |
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67 | 69 | | public on the state bar's Internet website. |
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68 | 70 | | SECTION 3. This Act takes effect September 1, 2019. |
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