Texas 2023 - 88th Regular

Texas House Bill HB503 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	88R20388 MCF-D
2	2	By: Wu, Moody H.B. No. 503
3	3	Substitute the following for H.B. No. 503:
4	4	By: Dutton C.S.H.B. No. 503
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the jurisdiction of a juvenile court over certain
10	10	persons and to the sealing and nondisclosure of certain juvenile
11	11	records.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Section 51.0412, Family Code, is amended to read
14	14	as follows:
15	15	Sec. 51.0412. JURISDICTION OVER INCOMPLETE PROCEEDINGS.
16	16	The court retains jurisdiction over a person, without regard to the
17	17	age of the person, who is a respondent in an adjudication
18	18	proceeding, a disposition proceeding, a proceeding to modify
19	19	disposition, a proceeding for waiver of jurisdiction and transfer
20	20	to criminal court under Section 54.02(a), or a motion for transfer
21	21	of determinate sentence probation to an appropriate district court
22	22	if:
23	23	(1) the petition or motion was filed while the
24	24	respondent was younger than 18 or 19 years of age, as applicable;
25	25	(2) the proceeding is not complete before the
26	26	respondent becomes 18 or 19 years of age, as applicable; and
27	27	(3) the court enters a finding in the proceeding that:
28	28	(A) the prosecuting attorney exercised due
29	29	diligence in an attempt to complete the proceeding before the
30	30	respondent became 18 or 19 years of age, as applicable; or
31	31	(B) the proceeding has been delayed through no
32	32	fault of the state.
33	33	SECTION 2. Section 58.256, Family Code, is amended by
34	34	amending Subsection (d) and adding Subsection (d-1) to read as
35	35	follows:
36	36	(d) A court may not order the sealing of the records of a
37	37	person who:
38	38	(1) except as provided by Subsection (d-1), received a
39	39	determinate sentence for engaging in:
40	40	(A) delinquent conduct that violated a penal law
41	41	listed under Section 53.045; or
42	42	(B) habitual felony conduct as described by
43	43	Section 51.031;
44	44	(2) is currently required to register as a sex
45	45	offender under Chapter 62, Code of Criminal Procedure; or
46	46	(3) was committed without a determinate sentence to
47	47	the Texas Juvenile Justice Department or to a post-adjudication
48	48	secure correctional facility under former Section 54.04011, unless
49	49	the person has been discharged from the agency to which the person
50	50	was committed.
51	51	(d-1) A court may order the sealing of the records of a
52	52	person who was placed on determinate sentence probation under
53	53	Section 54.04(q) if the person:
54	54	(1) was not committed to the Texas Juvenile Justice
55	55	Department under Section 54.04(d)(3), 54.04(m), or 54.05(f) for the
56	56	conduct for which the person was placed on probation;
57	57	(2) was not transferred to an appropriate district
58	58	court under Section 54.051; and
59	59	(3) has been discharged from the sentence of
60	60	probation.
61	61	SECTION 3. The changes in law made by this Act apply only to
62	62	conduct violating a penal law of this state that occurs on or after
63	63	the effective date of this Act. Conduct violating a penal law of
64	64	this state that occurs before the effective date of this Act is
65	65	governed by the law in effect on the date the conduct occurred, and
66	66	the former law is continued in effect for that purpose. For
67	67	purposes of this section, conduct occurred before the effective
68	68	date of this Act if any element of the conduct occurred before that
69	69	date.
70	70	SECTION 4. This Act takes effect September 1, 2023.