Texas 2021 - 87th Regular

Texas House Bill HB1193 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 1193
	1	+	By: Wu, et al. (Senate Sponsor - Whitmire) H.B. No. 1193
	2	+	(In the Senate - Received from the House May 5, 2021;
	3	+	May 17, 2021, read first time and referred to Committee on
	4	+	Jurisprudence; May 21, 2021, reported favorably by the following
	5	+	vote: Yeas 4, Nays 0; May 21, 2021, sent to printer.)
	6	+	Click here to see the committee vote
2	7
3	8
	9	+	A BILL TO BE ENTITLED
4	10		AN ACT
5	11		relating to the jurisdiction of a juvenile court over certain
6	12		persons and to the sealing and nondisclosure of certain juvenile
7	13		records.
8	14		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	15		SECTION 1. Section 51.0412, Family Code, is amended to read
10	16		as follows:
11	17		Sec. 51.0412. JURISDICTION OVER INCOMPLETE PROCEEDINGS.
12	18		The court retains jurisdiction over a person, without regard to the
13	19		age of the person, who is a respondent in an adjudication
14	20		proceeding, a disposition proceeding, a proceeding to modify
15	21		disposition, a proceeding for waiver of jurisdiction and transfer
16	22		to criminal court under Section 54.02(a), or a motion for transfer
17	23		of determinate sentence probation to an appropriate district court
18	24		if:
19	25		(1) the petition or motion was filed while the
20	26		respondent was younger than 18 or 19 years of age, as applicable;
21	27		(2) the proceeding is not complete before the
22	28		respondent becomes 18 or 19 years of age, as applicable; and
23	29		(3) the court enters a finding in the proceeding that:
24	30		(A) the prosecuting attorney exercised due
25	31		diligence in an attempt to complete the proceeding before the
26	32		respondent became 18 or 19 years of age, as applicable; or
27	33		(B) the proceeding has been delayed through no
28	34		fault of the state.
29	35		SECTION 2. Section 58.256, Family Code, is amended by
30	36		amending Subsections (d) and (e) and adding Subsection (f) to read
31	37		as follows:
32	38		(d) A court may not order the sealing of the records of a
33	39		person who:
34	40		(1) received a determinate sentence and was
35	41		transferred to district court under Section 54.051 or 54.11 [for
36	42		engaging in:
37	43		[(A) delinquent conduct that violated a penal law
38	44		listed under Section 53.045; or
39	45		[(B) habitual felony conduct as described by
40	46		Section 51.031];
41	47		(2) is currently required to register as a sex
42	48		offender under Chapter 62, Code of Criminal Procedure; or
43	49		(3) was committed to the Texas Juvenile Justice
44	50		Department or to a post-adjudication secure correctional facility
45	51		under former Section 54.04011, unless the person has been
46	52		discharged from the agency to which the person was committed.
47	53		(e) Except as provided by Subsection (f), on [On] receipt of
48	54		an application under this section, the court may:
49	55		(1) order the sealing of the person's records
50	56		immediately, without a hearing; or
51	57		(2) hold a hearing under Section 58.257 at the court's
52	58		discretion to determine whether to order the sealing of the
53	59		person's records.
54	60		(f) On receipt of an application under this section from a
55	61		person who received a determinate sentence and was not transferred
56	62		to a district court under Section 54.051 or 54.11, the court shall
57	63		hold a hearing under Section 58.257 to determine whether it is in
58	64		the best interest of the person and of justice to order the sealing
59	65		of the person's records and may order the records to be sealed.
60	66		SECTION 3. The changes in law made by this Act apply only to
61	67		conduct violating a penal law of this state that occurs on or after
62	68		the effective date of this Act. Conduct violating a penal law of
63	69		this state that occurs before the effective date of this Act is
64	70		governed by the law in effect on the date the conduct occurred, and
65	71		the former law is continued in effect for that purpose. For
66	72		purposes of this section, conduct occurred before the effective
67	73		date of this Act if any element of the conduct occurred before that
68	74		date.
69	75		SECTION 4. This Act takes effect September 1, 2021.
70		-	______________________________ ______________________________
71		-	President of the Senate Speaker of the House
72		-	I certify that H.B. No. 1193 was passed by the House on May 5,
73		-	2021, by the following vote: Yeas 126, Nays 21, 1 present, not
74		-	voting.
75		-	______________________________
76		-	Chief Clerk of the House
77		-	I certify that H.B. No. 1193 was passed by the Senate on May
78		-	27, 2021, by the following vote: Yeas 31, Nays 0.
79		-	______________________________
80		-	Secretary of the Senate
81		-	APPROVED: _____________________
82		-	Date
83		-	_____________________
84		-	Governor
	76	+	* * * * *