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AN ACT
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relating to the sealing of juvenile records. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 58.003, Family Code, is amended by |
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adding Subsections (c-1) and (c-2) and amending Subsections (d) and |
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(e) to read as follows: |
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(c-1) Notwithstanding Subsections (a) and (c) and subject |
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to Subsection (b), a juvenile court may order the sealing of records |
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concerning a child adjudicated as having engaged in delinquent |
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conduct or conduct indicating a need for supervision that violated |
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a penal law of the grade of misdemeanor or felony if the child |
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successfully completed a drug court program under Chapter 469, |
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Health and Safety Code. The court may: |
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(1) order the sealing of the records immediately and |
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without a hearing; or |
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(2) hold a hearing to determine whether to seal the |
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records. |
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(c-2) If the court orders the sealing of a child's records |
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under Subsection (c-1), a prosecuting attorney or juvenile |
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probation department may maintain until the child's 17th birthday a |
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separate record of the child's name and date of birth and the date |
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the child successfully completed the drug court program. The |
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prosecuting attorney or juvenile probation department, as |
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applicable, shall send the record to the court as soon as |
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practicable after the child's 17th birthday to be added to the |
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child's other sealed records. |
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(d) The court may grant the relief authorized in Subsection |
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(a) or (c-1) at any time after final discharge of the person or |
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after the last official action in the case if there was no |
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adjudication, subject to Subsection (e). If the child is referred |
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to the juvenile court for conduct constituting any offense and at |
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the adjudication hearing the child is found to be not guilty of each |
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offense alleged, the court shall immediately and without any |
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additional hearing order the sealing of all files and records |
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relating to the case. |
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(e) The court shall hold a hearing before sealing a person's |
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records under Subsection (a) or (c) unless the applicant waives the |
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right to a hearing in writing and the court and the prosecuting |
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attorney for the juvenile court consent. Reasonable notice of the |
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hearing shall be given to: |
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(1) the person who made the application or who is the |
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subject of the records named in the motion; |
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(2) the prosecuting attorney for the juvenile court; |
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(3) the authority granting the discharge if the final |
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discharge was from an institution or from parole; |
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(4) the public or private agency or institution having |
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custody of records named in the application or motion; and |
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(5) the law enforcement agency having custody of files |
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or records named in the application or motion. |
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SECTION 2. The change in law made by this Act applies to the |
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sealing of records in the adjudication of a juvenile case on or |
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after the effective date of this Act, regardless of whether the |
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adjudication occurred before, on, or after the effective date of |
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this Act. |
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SECTION 3. This Act takes effect September 1, 2009. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 2386 was passed by the House on May 4, |
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2009, by the following vote: Yeas 97, Nays 46, 1 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 2386 was passed by the Senate on May |
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14, 2009, by the following vote: Yeas 30, Nays 1. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: _____________________ |
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Date |
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_____________________ |
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Governor |