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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the sealing of juvenile records. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Section 58.256(c), Family Code, is amended to |
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| 10 | 10 | | read as follows: |
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| 11 | 11 | | (c) Except as provided by Subsection (d), the juvenile court |
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| 12 | 12 | | may order the sealing of records related to all matters for which |
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| 13 | 13 | | the person was referred to the juvenile probation department if the |
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| 14 | 14 | | person: |
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| 15 | 15 | | (1) is: |
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| 16 | 16 | | (A) at least 17 [18] years of age; |
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| 17 | 17 | | (B) [, or is] younger than 17 [18] years of age |
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| 18 | 18 | | and at least one year has [two years have] elapsed after the date of |
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| 19 | 19 | | final discharge in each matter for which the person was referred to |
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| 20 | 20 | | the juvenile probation department; or |
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| 21 | 21 | | (C) any age, if the person was finally discharged |
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| 22 | 22 | | without adjudication in each matter for which the person was |
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| 23 | 23 | | referred to the juvenile probation department; |
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| 24 | 24 | | (2) does not have any delinquent conduct matters |
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| 25 | 25 | | pending with any juvenile probation department or juvenile court; |
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| 26 | 26 | | (3) was not transferred by a juvenile court to a |
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| 27 | 27 | | criminal court for prosecution under Section 54.02; |
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| 28 | 28 | | (4) has not as an adult been convicted of a felony; and |
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| 29 | 29 | | (5) does not have any pending charges as an adult for a |
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| 30 | 30 | | felony or a misdemeanor punishable by confinement in jail. |
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| 31 | 31 | | SECTION 2. Subchapter C-1, Chapter 58, Family Code, is |
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| 32 | 32 | | amended by adding Section 58.2555 to read as follows: |
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| 33 | 33 | | Sec. 58.2555. AUTOMATIC SEALING OF RECORDS. If the child is |
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| 34 | 34 | | referred to the juvenile court for one or more allegations of |
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| 35 | 35 | | delinquent conduct or conduct indicating a need for supervision and |
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| 36 | 36 | | each allegation is adjudicated and found by the court or jury to be |
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| 37 | 37 | | not true, the court shall immediately order the sealing of all files |
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| 38 | 38 | | and records relating to the allegations. |
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| 39 | 39 | | SECTION 3. The changes in law made by this Act apply to |
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| 40 | 40 | | records created before, on, or after the effective date of this Act. |
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| 41 | 41 | | SECTION 4. This Act takes effect September 1, 2019. |
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