| 1 | 1 | | 89R10838 LHC-D |
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| 2 | 2 | | By: Moody H.B. No. 4628 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to enhancement of the penalty for a felony conviction |
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| 10 | 10 | | based on a juvenile delinquent conduct adjudication. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. The following provisions are repealed: |
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| 13 | 13 | | (1) Section 51.13(d), Family Code; and |
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| 14 | 14 | | (2) Section 12.42(f), Penal Code. |
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| 15 | 15 | | SECTION 2. Section 51.13(a), Family Code, is amended to |
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| 16 | 16 | | read as follows: |
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| 17 | 17 | | (a) Except as provided by Subsection [Subsections (d) and] |
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| 18 | 18 | | (e), an order of adjudication or disposition in a proceeding under |
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| 19 | 19 | | this title is not a conviction of crime. Except as provided by |
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| 20 | 20 | | Chapter 841, Health and Safety Code, an order of adjudication or |
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| 21 | 21 | | disposition does not impose any civil disability ordinarily |
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| 22 | 22 | | resulting from a conviction or operate to disqualify the child in |
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| 23 | 23 | | any civil service application or appointment. |
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| 24 | 24 | | SECTION 3. Section 58.260(a), Family Code, is amended to |
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| 25 | 25 | | read as follows: |
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| 26 | 26 | | (a) A juvenile court may allow, by order, the inspection of |
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| 27 | 27 | | records sealed under this subchapter or under Section 58.003, as |
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| 28 | 28 | | that law existed before September 1, 2017, only by: |
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| 29 | 29 | | (1) a person named in the order, on the petition of the |
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| 30 | 30 | | person who is the subject of the records; |
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| 31 | 31 | | (2) a prosecutor, on the petition of the prosecutor, |
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| 32 | 32 | | for the purpose of reviewing the records for possible use [: |
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| 33 | 33 | | [(A)] in a capital prosecution; or |
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| 34 | 34 | | [(B) for the enhancement of punishment under |
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| 35 | 35 | | Section 12.42, Penal Code; or] |
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| 36 | 36 | | (3) a court, the Texas Department of Criminal Justice, |
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| 37 | 37 | | or the Texas Juvenile Justice Department for the purposes of |
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| 38 | 38 | | Article 62.007(e), Code of Criminal Procedure. |
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| 39 | 39 | | SECTION 4. The change in law made by this Act applies only |
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| 40 | 40 | | to an offense committed on or after the effective date of this Act. |
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| 41 | 41 | | An offense committed before the effective date of this Act is |
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| 42 | 42 | | governed by the law in effect on the date the offense was committed, |
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| 43 | 43 | | and the former law is continued in effect for that purpose. For the |
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| 44 | 44 | | purposes of this section, an offense was committed before the |
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| 45 | 45 | | effective date of this Act if any element of the offense occurred |
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| 46 | 46 | | before that date. |
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| 47 | 47 | | SECTION 5. This Act takes effect September 1, 2025. |
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