87R95 ADM-D
By: Wu H.B. No. 1193
A BILL TO BE ENTITLED
AN ACT
relating to the jurisdiction of a juvenile court over certain
persons and to the sealing and nondisclosure of certain juvenile
and criminal records.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 51.0412, Family Code, is amended to read
as follows:
Sec. 51.0412. JURISDICTION OVER INCOMPLETE PROCEEDINGS.
The court retains jurisdiction over a person, without regard to the
age of the person, who is a respondent in an adjudication
proceeding, a disposition proceeding, a proceeding to modify
disposition, a proceeding for waiver of jurisdiction and transfer
to criminal court under Section 54.02(a), or a motion for transfer
of determinate sentence probation to an appropriate district court
if:
(1) the petition or motion was filed while the
respondent was younger than 18 or 19 years of age, as applicable;
(2) the proceeding is not complete before the
respondent becomes 18 or 19 years of age, as applicable; and
(3) the court enters a finding in the proceeding that:
(A) the prosecuting attorney exercised due
diligence in an attempt to complete the proceeding before the
respondent became 18 or 19 years of age, as applicable; or
(B) the proceeding has been delayed through no
fault of the state.
SECTION 2. Section 58.008(c), Family Code, is amended to
read as follows:
(c) Except as prohibited by a court order issued under
Section 411.0739, Government Code, the [The] law enforcement
records of a person with a determinate sentence who is transferred
to the Texas Department of Criminal Justice may be transferred to a
central state or federal depository for adult records after the
date of transfer and may be shared in accordance with the laws
governing the adult records in the depository.
SECTION 3. Section 58.256, Family Code, is amended by
amending Subsections (d) and (e) and adding Subsection (f) to read
as follows:
(d) Except as provided by Subsection (f), a [A] court may
not order the sealing of the records of a person who:
(1) [received a determinate sentence for engaging in:
[(A) delinquent conduct that violated a penal law
listed under Section 53.045; or
[(B) habitual felony conduct as described by
Section 51.031;
[(2)] is currently required to register as a sex
offender under Chapter 62, Code of Criminal Procedure; or
(2) [(3)] was committed to the Texas Juvenile Justice
Department or to a post-adjudication secure correctional facility
under former Section 54.04011, unless the person:
(A) was not transferred to district court under
Section 54.11; and
(B) has been discharged from the agency to which
the person was committed.
(e) On receipt of an application under this section from a
person other than a person who received a determinate sentence and
was transferred to district court under Section 54.051 or 54.11,
the court may:
(1) order the sealing of the person's records
immediately, without a hearing; or
(2) hold a hearing under Section 58.257 at the court's
discretion to determine whether to order the sealing of the
person's records.
(f) On receipt of an application under this section from a
person who received a determinate sentence and was transferred to a
district court under Section 54.051 or 54.11, the court may hold a
hearing under Section 58.257 to determine whether it is in the best
interest of the person and of justice to order the sealing of the
person's records and may order the records to be sealed. The court
may not order the sealing of the records of the person unless the
person has completed the person's term of community supervision or
is released from prison, as applicable.
SECTION 4. Section 58.258(b), Family Code, is amended to
read as follows:
(b) Not later than the 60th day after the date of the entry
of the order, the court shall provide a copy of the order to:
(1) the Department of Public Safety;
(2) the Texas Juvenile Justice Department, if the
person was committed to the department;
(3) the clerk of court;
(4) the juvenile probation department serving the
court;
(5) the prosecutor's office;
(6) each law enforcement agency that had contact with
the person in relation to the conduct that is the subject of the
sealing order;
(7) each public or private agency that had custody of
or that provided supervision or services to the person in relation
to the conduct that is the subject of the sealing order;
(8) if the person was transferred to a district court
under Section 54.051 or 54.11, the district court to which the
person was transferred; and
(9) [(8)] each official, agency, or other entity that
the court has reason to believe has any record containing
information that is related to the conduct that is the subject of
the sealing order.
SECTION 5. Subchapter E-1, Chapter 411, Government Code, is
amended by adding Section 411.0739 to read as follows:
Sec. 411.0739. PROCEDURE FOR CERTAIN PERSONS TRANSFERRED
FROM JUVENILE COURT. (a) This section applies only to a person:
(1) who was transferred to a district court under
Section 54.051 or 54.11, Family Code; and
(2) whose juvenile records were ordered sealed under
Section 58.256(f), Family Code.
(b) Notwithstanding any other provision of this subchapter
or Subchapter F, a district court that receives a copy of an order
sealing juvenile records of a person described by Subsection (a)
from a juvenile court under Section 58.258(b)(8), Family Code,
shall issue an order of nondisclosure of criminal history record
information under this subchapter prohibiting criminal justice
agencies from disclosing to the public criminal history record
information related to the conduct for which the person was
transferred to the district court by the juvenile court.
SECTION 6. Section 411.074, Government Code, is amended by
adding Subsection (c) to read as follows:
(c) This section does not apply to an order of nondisclosure
of criminal history record information under Section 411.0739.
SECTION 7. The changes in law made by this Act apply only to
conduct violating a penal law of this state that occurs on or after
the effective date of this Act. Conduct violating a penal law of
this state that occurs before the effective date of this Act is
governed by the law in effect on the date the conduct occurred, and
the former law is continued in effect for that purpose. For
purposes of this section, conduct occurred before the effective
date of this Act if any element of the conduct occurred before that
date.
SECTION 8. This Act takes effect September 1, 2021.