86R13954 ADM-F
By: Rose H.B. No. 3525
A BILL TO BE ENTITLED
AN ACT
relating to the destruction of juvenile records of victims of sex
trafficking.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter C-1, Chapter 58, Family Code, is
amended by adding Section 58.2635 to read as follows:
Sec. 58.2635. DESTRUCTION OF RECORDS: VICTIM OF SEX
TRAFFICKING. (a) A juvenile court shall order the destruction of
the records related to conduct for which a person was referred to a
juvenile probation department, regardless of whether the person was
adjudicated and without application to the court, if:
(1) the conduct constitutes an offense under Section
43.02(a), Penal Code;
(2) the defense under Section 43.02(d), Penal Code,
applies to the conduct; and
(3) the person is at least 18 years of age.
(b) Notwithstanding any restriction imposed by an entity's
records retention guidelines, the juvenile court shall issue an
order for the destruction of records described by Subsection (a).
(c) Electronic records are considered to be destroyed if the
electronic records, including the index to the records, are
deleted.
(d) Converting physical records to electronic records and
subsequently destroying the physical records while maintaining the
electronic records is not considered destruction of a record under
this subchapter.
(e) This section does not authorize the destruction of
records maintained for statistical and research purposes by the
Texas Juvenile Justice Department in a juvenile information and
case management system authorized under Section 58.403.
SECTION 2. This Act applies to records created before, on,
or after the effective date of this Act.
SECTION 3. This Act takes effect September 1, 2019.