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A BILL TO BE ENTITLED
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AN ACT
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relating to certain conduct indicating a need for supervision and |
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the sealing of records related to that conduct. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 51.03(b), Family Code, is amended to |
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read as follows: |
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(b) Conduct indicating a need for supervision is: |
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(1) subject to Subsection (f), conduct, other than a |
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traffic offense, that violates: |
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(A) the penal laws of this state of the grade of |
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misdemeanor that are punishable by fine only; or |
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(B) the penal ordinances of any political |
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subdivision of this state; |
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(2) the absence of a child on 10 or more days or parts |
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of days within a six-month period in the same school year or on |
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three or more days or parts of days within a four-week period from |
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school; |
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(3) the voluntary absence of a child from the child's |
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home without the consent of the child's parent or guardian for a |
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substantial length of time or without intent to return; |
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(4) conduct prohibited by city ordinance or by state |
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law involving the inhalation of the fumes or vapors of paint and |
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other protective coatings or glue and other adhesives and the |
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volatile chemicals itemized in Section 485.001, Health and Safety |
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Code; |
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(5) an act that violates a school district's |
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previously communicated written standards of student conduct for |
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which the child has been expelled under Section 37.007(c), |
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Education Code; [or] |
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(6) conduct that violates a reasonable and lawful |
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order of a court entered under Section 264.305; or |
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(7) conduct described by Section 43.02(a)(1) or (2), |
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Penal Code. |
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SECTION 2. Section 58.003, Family Code, is amended by |
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adding Subsections (c-3) and (c-4) and amending Subsection (d) to |
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read as follows: |
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(c-3) Notwithstanding Subsections (a) and (c) and subject |
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to Subsection (b), a juvenile court, on the court's own motion and |
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without a hearing, may order the sealing of records concerning a |
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child found to have engaged in conduct indicating a need for |
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supervision described by Section 51.03(b)(7) or taken into custody |
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to determine whether the child engaged in conduct indicating a need |
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for supervision described by Section 51.03(b)(7). |
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(c-4) A prosecuting attorney or juvenile probation |
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department may maintain until a child's 17th birthday a separate |
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record of the child's name and date of birth and the date on which |
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the child's records are sealed, if the child's records are sealed |
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under Subsection (c-3). The prosecuting attorney or juvenile |
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probation department, as applicable, shall send the record to the |
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court as soon as practicable after the child's 17th birthday to be |
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added to the 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), or (c-3) at any time after final discharge of the |
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person or after the last official action in the case if there was no |
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adjudication, subject, if applicable, to Subsection (e). If the |
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child is referred to the juvenile court for conduct constituting |
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any offense and at the adjudication hearing the child is found to be |
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not guilty of each offense alleged, the court shall immediately and |
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without any additional hearing order the sealing of all files and |
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records relating to the case. |
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SECTION 3. The changes in law made by this Act apply only to |
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conduct that occurs on or after the effective date of this Act. |
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Conduct that occurs before the effective date of this Act is covered |
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by the law in effect at the time the conduct occurred, and the |
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former law is continued in effect for that purpose. For the |
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purposes of this section, conduct occurs before the effective date |
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of this Act if any element of the conduct occurred before that date. |
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SECTION 4. This Act takes effect September 1, 2011. |