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A BILL TO BE ENTITLED
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AN ACT
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relating to automatic expunction of a juvenile's record after |
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completion of a deferred prosecution program; providing a criminal |
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penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 58, Family Code, is |
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amended by adding Sections 58.008, 58.009, 58.010, and 58.011 to |
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read as follows: |
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Sec. 58.008. RIGHT TO EXPUNCTION OF CERTAIN RECORDS. A |
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person is entitled to have the person's juvenile record expunged |
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after the person's 17th birthday if the person: |
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(1) has completed a deferred prosecution program under |
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Section 53.03; and |
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(2) after completing the program was not referred to |
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the juvenile justice system for any other delinquent conduct |
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engaged in before the person's 17th birthday that resulted in |
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adjudication or deferred adjudication. |
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Sec. 58.009. PROCEDURE FOR EXPUNCTION. (a) Within a |
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reasonable amount of time after a person becomes entitled to |
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expunction under Section 58.008, the juvenile probation department |
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shall notify the attorney for the state, who shall: |
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(1) prepare an expunction order under this section for |
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the juvenile court; and |
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(2) notify the person that the person's juvenile |
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record is being expunged. |
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(b) The court shall include in an expunction order under |
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this section a listing of each official, agency, or other entity of |
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this state or political subdivision of this state and each private |
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entity that there is reason to believe has any record or file that |
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is subject to the order. |
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(c) The court shall provide in an expunction order under |
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this section that the Department of Public Safety shall delete or |
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redact, as appropriate, from the department's public records all |
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index references to the records and files that are subject to the |
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expunction order. |
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Sec. 58.010. EFFECT OF EXPUNCTION. (a) When an order of |
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expunction is final under Section 58.009: |
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(1) the release, maintenance, dissemination, or use of |
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the expunged records and files for any purpose is prohibited; and |
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(2) except as provided by Subsection (b), the person |
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may deny the occurrence of the deferred prosecution and the |
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existence of the expunction order. |
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(b) A person whose records are expunged or any other person, |
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when questioned under oath in a criminal proceeding about the |
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deferred prosecution or the existence of the expunction order, may |
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state only that the matter in question has been expunged. |
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Sec. 58.011. VIOLATION OF EXPUNCTION ORDER. (a) A person |
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commits an offense if the person: |
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(1) acquires knowledge of a deferred prosecution of a |
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child under Section 53.03 while acting as a public officer, |
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employee, or agent; |
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(2) knows of an order expunging the records and files |
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relating to the deferred prosecution; and |
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(3) knowingly releases, disseminates, or otherwise |
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uses the information, records, or files. |
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(b) A person commits an offense if the person: |
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(1) is ordered by a court to return or to destroy |
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identifying portions of a record or file ordered expunged under |
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Section 58.009; and |
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(2) knowingly fails to return or destroy the record or |
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file. |
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(c) An offense under this section is a Class B misdemeanor. |
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SECTION 2. This Act takes effect September 1, 2013. |