88R11443 MCF-D
By: Miles S.B. No. 1492
A BILL TO BE ENTITLED
AN ACT
relating to the expunction of records and files related to certain
conduct or offenses committed by a child.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Subchapter C-1, Chapter 58,
Family Code, is amended to read as follows:
SUBCHAPTER C-1. SEALING, EXPUNCTION, AND DESTRUCTION OF JUVENILE
RECORDS
SECTION 2. Subchapter C-1, Chapter 58, Family Code, is
amended by adding Section 58.2645 to read as follows:
Sec. 58.2645. EXPUNCTION OF CERTAIN RECORDS. (a)
Notwithstanding any other law, a person who was adjudicated by a
juvenile court for conduct constituting a misdemeanor may on or
after the person's 18th birthday apply to the juvenile court to have
the adjudication expunged.
(b) Not later than the 30th day after the date a juvenile
court receives an application for expunction under Subsection (a),
the juvenile court shall issue an order of expunction.
(c) The Texas Juvenile Justice Department by rule shall
establish the application process for expunction under this
section.
SECTION 3. Section 58.265, Family Code, is amended to read
as follows:
Sec. 58.265. JUVENILE RECORDS NOT SUBJECT TO EXPUNCTION.
Except as provided by Section 58.2645, records [Records] to which
this chapter applies are not subject to an order of expunction
issued by any court.
SECTION 4. Title 1, Code of Criminal Procedure, is amended
by adding Chapter 55A to read as follows:
CHAPTER 55A. JUVENILE EXPUNCTION PROGRAM
Art. 55A.001. APPLICABILITY. This chapter applies only to
a person who:
(1) was convicted for an offense that is a state jail
felony or a felony of the third degree other than an:
(A) offense involving violence, as defined by
Article 17.03; or
(B) offense for which an element of the offense
involves offensive or provocative sexual contact with another;
(2) at the time of the offense, was a child, as defined
by Section 51.02, Family Code;
(3) was transferred to a criminal court for
prosecution as provided by Section 54.02, Family Code; and
(4) has completed the person's sentence, including any
term of confinement imposed and payment of all fines, costs, and
restitution imposed.
Art. 55A.002. EXPUNCTION PROGRAM. (a) The Texas
Department of Criminal Justice shall, in consultation with the
Texas Juvenile Justice Department and juvenile probation
departments, develop and implement a juvenile expunction program
under which a person subject to this chapter may have a conviction
described by Article 55A.001(1) expunged after completion of the
program. The program must:
(1) be age-appropriate and research-based;
(2) provide models for positive behavior; and
(3) provide behavior management strategies,
including:
(A) positive behavioral intervention and
support;
(B) trauma-informed practices;
(C) social and emotional learning; and
(D) a referral for services, as necessary.
(b) The program described by Subsection (a) must be offered
in every county in this state. A person may only complete the
program in the county in which the person was convicted.
Art. 55A.003. EXPUNCTION AFTER PROGRAM COMPLETION. (a)
Notwithstanding any other law, an eligible person who completes the
program described by Article 55A.002 is entitled to have all
records and files related to a conviction described by Article
55A.001(1) expunged.
(b) A person described by Subsection (a) must apply in
writing to the court in which the person was convicted to have the
conviction expunged on or after the person's 19th birthday.
(c) The request under Subsection (b) must be made under oath
and include evidence of completion of the program described by
Article 55A.002.
(d) The court shall order all complaints, verdicts,
sentences, and prosecutorial and law enforcement records and any
other document relating to the offense expunged from the person's
record if the court finds that the person completed the program
described by Article 55A.002.
Art. 55A.004. RULES. The Texas Department of Criminal
Justice shall adopt rules and procedures to implement this chapter.
SECTION 5. As soon as practicable after the effective date
of this Act:
(1) the Texas Juvenile Justice Department shall
establish the application process described by Section 58.2645,
Family Code, as added by this Act; and
(2) the Texas Department of Criminal Justice shall
adopt rules and procedures necessary to implement Chapter 55A, Code
of Criminal Procedure, as added by this Act.
SECTION 6. The changes in law made by this Act apply to the
expunction of records and files relating to a criminal offense or
conduct constituting a criminal offense regardless of whether the
offense occurred before, on, or after the effective date of this
Act.
SECTION 7. This Act takes effect September 1, 2023.