| 1 | 1 | | 88R12955 MCF-D |
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| 2 | 2 | | By: Miles S.B. No. 1533 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the expunction of records and files related to certain |
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| 8 | 8 | | conduct or offenses committed by a child. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. The heading to Subchapter C-1, Chapter 58, |
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| 11 | 11 | | Family Code, is amended to read as follows: |
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| 12 | 12 | | SUBCHAPTER C-1. SEALING, EXPUNCTION, AND DESTRUCTION OF JUVENILE |
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| 13 | 13 | | RECORDS |
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| 14 | 14 | | SECTION 2. Subchapter C-1, Chapter 58, Family Code, is |
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| 15 | 15 | | amended by adding Section 58.2645 to read as follows: |
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| 16 | 16 | | Sec. 58.2645. EXPUNCTION OF CERTAIN RECORDS. (a) |
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| 17 | 17 | | Notwithstanding any other law, a person who was adjudicated by a |
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| 18 | 18 | | juvenile court for conduct constituting a misdemeanor may on or |
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| 19 | 19 | | after the person's 18th birthday apply to the juvenile court to have |
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| 20 | 20 | | the adjudication expunged. |
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| 21 | 21 | | (b) Not later than the 30th day after the date a juvenile |
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| 22 | 22 | | court receives an application for expunction under Subsection (a), |
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| 23 | 23 | | the juvenile court shall issue an order of expunction. |
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| 24 | 24 | | (c) The Texas Juvenile Justice Department by rule shall |
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| 25 | 25 | | establish the application process for expunction under this |
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| 26 | 26 | | section. |
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| 27 | 27 | | SECTION 3. Section 58.265, Family Code, is amended to read |
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| 28 | 28 | | as follows: |
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| 29 | 29 | | Sec. 58.265. JUVENILE RECORDS NOT SUBJECT TO EXPUNCTION. |
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| 30 | 30 | | Except as provided by Section 58.2645, records [Records] to which |
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| 31 | 31 | | this chapter applies are not subject to an order of expunction |
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| 32 | 32 | | issued by any court. |
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| 33 | 33 | | SECTION 4. As soon as practicable after the effective date |
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| 34 | 34 | | of this Act, the Texas Juvenile Justice Department shall establish |
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| 35 | 35 | | the application process described by Section 58.2645, Family Code, |
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| 36 | 36 | | as added by this Act. |
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| 37 | 37 | | SECTION 5. The changes in law made by this Act apply to the |
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| 38 | 38 | | expunction of records and files relating to a criminal offense or |
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| 39 | 39 | | conduct constituting a criminal offense regardless of whether the |
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| 40 | 40 | | offense occurred before, on, or after the effective date of this |
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| 41 | 41 | | Act. |
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| 42 | 42 | | SECTION 6. This Act takes effect September 1, 2023. |
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