88R20388 MCF-D
By: Wu, Moody H.B. No. 503
Substitute the following for H.B. No. 503:
By: Dutton C.S.H.B. No. 503
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
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 58.256, Family Code, is amended by
amending Subsection (d) and adding Subsection (d-1) to read as
follows:
(d) A court may not order the sealing of the records of a
person who:
(1) except as provided by Subsection (d-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
(3) was committed without a determinate sentence to
the Texas Juvenile Justice Department or to a post-adjudication
secure correctional facility under former Section 54.04011, unless
the person has been discharged from the agency to which the person
was committed.
(d-1) A court may order the sealing of the records of a
person who was placed on determinate sentence probation under
Section 54.04(q) if the person:
(1) was not committed to the Texas Juvenile Justice
Department under Section 54.04(d)(3), 54.04(m), or 54.05(f) for the
conduct for which the person was placed on probation;
(2) was not transferred to an appropriate district
court under Section 54.051; and
(3) has been discharged from the sentence of
probation.
SECTION 3. 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 4. This Act takes effect September 1, 2023.