Texas 2023 - 88th Regular

Texas Senate Bill SB1492 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	88R11443 MCF-D
2	2	By: Miles S.B. No. 1492
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the expunction of records and files related to certain
8	8	conduct or offenses committed by a child.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. The heading to Subchapter C-1, Chapter 58,
11	11	Family Code, is amended to read as follows:
12	12	SUBCHAPTER C-1. SEALING, EXPUNCTION, AND DESTRUCTION OF JUVENILE
13	13	RECORDS
14	14	SECTION 2. Subchapter C-1, Chapter 58, Family Code, is
15	15	amended by adding Section 58.2645 to read as follows:
16	16	Sec. 58.2645. EXPUNCTION OF CERTAIN RECORDS. (a)
17	17	Notwithstanding any other law, a person who was adjudicated by a
18	18	juvenile court for conduct constituting a misdemeanor may on or
19	19	after the person's 18th birthday apply to the juvenile court to have
20	20	the adjudication expunged.
21	21	(b) Not later than the 30th day after the date a juvenile
22	22	court receives an application for expunction under Subsection (a),
23	23	the juvenile court shall issue an order of expunction.
24	24	(c) The Texas Juvenile Justice Department by rule shall
25	25	establish the application process for expunction under this
26	26	section.
27	27	SECTION 3. Section 58.265, Family Code, is amended to read
28	28	as follows:
29	29	Sec. 58.265. JUVENILE RECORDS NOT SUBJECT TO EXPUNCTION.
30	30	Except as provided by Section 58.2645, records [Records] to which
31	31	this chapter applies are not subject to an order of expunction
32	32	issued by any court.
33	33	SECTION 4. Title 1, Code of Criminal Procedure, is amended
34	34	by adding Chapter 55A to read as follows:
35	35	CHAPTER 55A. JUVENILE EXPUNCTION PROGRAM
36	36	Art. 55A.001. APPLICABILITY. This chapter applies only to
37	37	a person who:
38	38	(1) was convicted for an offense that is a state jail
39	39	felony or a felony of the third degree other than an:
40	40	(A) offense involving violence, as defined by
41	41	Article 17.03; or
42	42	(B) offense for which an element of the offense
43	43	involves offensive or provocative sexual contact with another;
44	44	(2) at the time of the offense, was a child, as defined
45	45	by Section 51.02, Family Code;
46	46	(3) was transferred to a criminal court for
47	47	prosecution as provided by Section 54.02, Family Code; and
48	48	(4) has completed the person's sentence, including any
49	49	term of confinement imposed and payment of all fines, costs, and
50	50	restitution imposed.
51	51	Art. 55A.002. EXPUNCTION PROGRAM. (a) The Texas
52	52	Department of Criminal Justice shall, in consultation with the
53	53	Texas Juvenile Justice Department and juvenile probation
54	54	departments, develop and implement a juvenile expunction program
55	55	under which a person subject to this chapter may have a conviction
56	56	described by Article 55A.001(1) expunged after completion of the
57	57	program. The program must:
58	58	(1) be age-appropriate and research-based;
59	59	(2) provide models for positive behavior; and
60	60	(3) provide behavior management strategies,
61	61	including:
62	62	(A) positive behavioral intervention and
63	63	support;
64	64	(B) trauma-informed practices;
65	65	(C) social and emotional learning; and
66	66	(D) a referral for services, as necessary.
67	67	(b) The program described by Subsection (a) must be offered
68	68	in every county in this state. A person may only complete the
69	69	program in the county in which the person was convicted.
70	70	Art. 55A.003. EXPUNCTION AFTER PROGRAM COMPLETION. (a)
71	71	Notwithstanding any other law, an eligible person who completes the
72	72	program described by Article 55A.002 is entitled to have all
73	73	records and files related to a conviction described by Article
74	74	55A.001(1) expunged.
75	75	(b) A person described by Subsection (a) must apply in
76	76	writing to the court in which the person was convicted to have the
77	77	conviction expunged on or after the person's 19th birthday.
78	78	(c) The request under Subsection (b) must be made under oath
79	79	and include evidence of completion of the program described by
80	80	Article 55A.002.
81	81	(d) The court shall order all complaints, verdicts,
82	82	sentences, and prosecutorial and law enforcement records and any
83	83	other document relating to the offense expunged from the person's
84	84	record if the court finds that the person completed the program
85	85	described by Article 55A.002.
86	86	Art. 55A.004. RULES. The Texas Department of Criminal
87	87	Justice shall adopt rules and procedures to implement this chapter.
88	88	SECTION 5. As soon as practicable after the effective date
89	89	of this Act:
90	90	(1) the Texas Juvenile Justice Department shall
91	91	establish the application process described by Section 58.2645,
92	92	Family Code, as added by this Act; and
93	93	(2) the Texas Department of Criminal Justice shall
94	94	adopt rules and procedures necessary to implement Chapter 55A, Code
95	95	of Criminal Procedure, as added by this Act.
96	96	SECTION 6. The changes in law made by this Act apply to the
97	97	expunction of records and files relating to a criminal offense or
98	98	conduct constituting a criminal offense regardless of whether the
99	99	offense occurred before, on, or after the effective date of this
100	100	Act.
101	101	SECTION 7. This Act takes effect September 1, 2023.