89R12030 MCF-D
By: McLaughlin H.B. No. 4476
A BILL TO BE ENTITLED
AN ACT
relating to the waiver of jurisdiction by a juvenile court for
certain children who are accused of committing certain offenses
involving the use or exhibition of a firearm, the mandatory
transfer of jurisdiction for those children to a criminal court,
and an order of expunction issued with respect to those offenses.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 54.02, Family Code, is amended by adding
Subsection (m-1) and amending Subsection (n) to read as follows:
(m-1) Notwithstanding any other provision of this section,
the juvenile court shall waive its exclusive original jurisdiction
and transfer a child to the appropriate district court or criminal
district court for criminal proceedings if:
(1) the child is alleged to have violated a penal law
punishable as a felony of the first degree;
(2) the child was 14 years of age or older at the time
the child is alleged to have committed the offense; and
(3) the child used or exhibited a firearm during the
commission of the alleged offense.
(n) A mandatory transfer under Subsection (m) or (m-1) may
be made without conducting the study required in discretionary
transfer proceedings by Subsection (d). The requirements of
Subsection (b) that the summons state that the purpose of the
hearing is to consider discretionary transfer to criminal court
does not apply to a transfer proceeding under Subsection (m) or
(m-1). In a proceeding under Subsection (m) or (m-1), it is
sufficient that the summons provide fair notice that the purpose of
the hearing is to consider mandatory transfer to criminal court.
SECTION 2. Chapter 55A, Code of Criminal Procedure, is
amended by adding Subchapter E-1 to read as follows:
SUBCHAPTER E-1. EXPUNCTION FOR CERTAIN OFFENSES COMMITTED BY CHILD
Art. 55A.221. PETITION FOR EXPUNCTION. (a) A person who
has been convicted of or placed on deferred adjudication community
supervision for an offense for which the person was transferred
from a juvenile court to a district court or criminal district court
for criminal proceedings under Section 54.02(m-1), Family Code, may
file an ex parte petition in the court in which the person was
convicted or placed on deferred adjudication community supervision
to have all records and files related to the conviction or deferred
adjudication community supervision expunged if:
(1) the person is 25 years of age or older; and
(2) the person has not been convicted of or placed on
deferred adjudication community supervision for any subsequent
offense the commission of which involved the person's use or
exhibition of a firearm.
(b) The petition for the expunction of records and files
under Subsection (a) must:
(1) be in writing; and
(2) be verified and include all the information
described by Article 55A.253 or an explanation for why any of the
information was omitted.
(c) On the filing of the petition under this article, the
clerk of the court shall promptly serve a copy of the petition and
any supporting documentation on the appropriate office of the
attorney representing the state. Any response to the petition by
the attorney representing the state must be filed not later than the
30th business day after the date of service under this subsection.
Art. 55A.222. HEARING FOR EXPUNCTION. (a) In the manner
described by Article 55A.254, the court shall hold a hearing to
consider an ex parte petition filed under Article 55A.221.
(b) A person is entitled to have all records and files
related to the conviction or deferred adjudication community
supervision expunged under this subchapter if after the hearing the
court determines that:
(1) the offense for which the person is seeking the
expunction of records and files is an offense for which the person
was transferred from a juvenile court to a district court or
criminal district court for criminal proceedings under Section
54.02(m-1), Family Code;
(2) the person is 25 years of age or older;
(3) the person has not been subsequently convicted of
or placed on deferred adjudication community supervision for an
offense the commission of which involved the person's use or
exhibition of a firearm; and
(4) the person is rehabilitated and has demonstrated a
commitment to being a responsible citizen.
SECTION 3. Article 55A.255, Code of Criminal Procedure, is
amended to read as follows:
Art. 55A.255. ENTRY OF EXPUNCTION ORDER. If the court finds
that the person who is the subject of an ex parte petition filed
under Subchapter E-1 or Article 55A.251, 55A.252, or 55A.257 is
entitled to expunction of any records and files that are the subject
of the petition, the court shall enter an order directing
expunction.
SECTION 4. Article 55A.301, Code of Criminal Procedure, is
amended to read as follows:
Art. 55A.301. REQUIRED CONTENT. (a) An expunction order
entered by a court under Subchapter E or F must have attached and
incorporate by reference a copy of the judgment of acquittal, if
any, and must include:
(1) the following information on the person who is the
subject of the expunction order:
(A) full name;
(B) sex;
(C) race;
(D) date of birth;
(E) driver's license number; and
(F) social security number;
(2) the offense charged against the person who is the
subject of the expunction order or the offense of which the person
was convicted, if applicable [any];
(3) the date of the applicable arrest or conviction;
(4) the case number and court of offense, if any; and
(5) the incident number assigned to the individual
incident of arrest under Article 66.251(b)(1) by the Department of
Public Safety.
(b) An expunction order issued by a court under Subchapter E
or F must require any state agency that sent information concerning
the arrest or conviction to a central federal depository to request
the depository to return all records and files subject to the order.
SECTION 5. Article 55A.401, Code of Criminal Procedure, is
amended to read as follows:
Art. 55A.401. EFFECT OF FINAL EXPUNCTION ORDER. When an
expunction order issued under Subchapter E or F is final:
(1) the release, maintenance, dissemination, or use of
the expunged records and files for any purpose is prohibited;
(2) except as provided by Subdivision (3), the person
arrested or convicted, as applicable, may deny the occurrence of
the arrest or conviction and the existence of the expunction order;
and
(3) the person arrested or convicted, as applicable,
or any other person, when questioned under oath in a criminal
proceeding about an arrest or conviction for which the records have
been expunged, may state only that the matter in question has been
expunged.
SECTION 6. Article 55A.402(a), Code of Criminal Procedure,
is amended to read as follows:
(a) A person commits an offense if the person:
(1) learns of an arrest or conviction while an officer
or employee of the state or of any agency or other entity of the
state or any political subdivision of the state;
(2) knows of an order expunging the records and files
relating to that arrest or conviction; and
(3) knowingly releases, disseminates, or otherwise
uses the records or files.
SECTION 7. The changes in law made by this Act to Section
54.02, Family Code, apply only to an offense committed or conduct
that occurs on or after the effective date of this Act. An offense
committed or conduct that occurred before the effective date of
this Act is governed by the law in effect on the date the offense was
committed or the conduct occurred, and the former law is continued
in effect for that purpose. For purposes of this section, an
offense was committed or conduct occurred before the effective date
of this Act if any element of the offense or conduct occurred before
that date.
SECTION 8. This Act takes effect September 1, 2025.