| |
| |
| |
|
|
AN ACT
|
|
|
relating to the sealing of certain juvenile records. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Sections 58.003(a), (e), (o), and (p), Family |
|
|
Code, are amended to read as follows: |
|
|
(a) Except as provided by Subsections (b), [and] (c), and |
|
|
(e), the juvenile court shall order the sealing of the records in |
|
|
the case [on the application] of a person who has been found to have |
|
|
engaged in delinquent conduct or conduct indicating a need for |
|
|
supervision, or a person taken into custody to determine whether |
|
|
the person engaged in delinquent conduct or conduct indicating a |
|
|
need for supervision, [on the juvenile court's own motion the court
|
|
|
shall order the sealing of the records in the case] if [the court
|
|
|
finds that]: |
|
|
(1) two years have elapsed since final discharge of |
|
|
the person or since the last official action in the person's case if |
|
|
there was no adjudication; and |
|
|
(2) since the time specified in Subdivision (1), the |
|
|
person has not been convicted of a felony or a misdemeanor involving |
|
|
moral turpitude or found to have engaged in delinquent conduct or |
|
|
conduct indicating a need for supervision and no proceeding is |
|
|
pending seeking conviction or adjudication. |
|
|
(e) The court shall give the prosecuting attorney for the |
|
|
juvenile court reasonable notice before a person's records become |
|
|
eligible for sealing under Subsection (a) or (c) and may [shall] |
|
|
hold a hearing before sealing the [a] person's records if [under
|
|
|
Subsection (a) or (c) unless the applicant waives the right to a
|
|
|
hearing in writing and the court and] the prosecuting attorney |
|
|
requests a hearing [for the juvenile court consent]. Reasonable |
|
|
notice of the hearing shall be given to: |
|
|
(1) the person who [made the application or who] is the |
|
|
subject of the records at issue [named in the motion]; |
|
|
(2) [the prosecuting attorney for the juvenile court;
|
|
|
[(3)] the authority granting the discharge if the |
|
|
final discharge was from an institution or from parole; |
|
|
(3) [(4)] the public or private agency or institution |
|
|
having custody of the person's records [named in the application or
|
|
|
motion]; and |
|
|
(4) [(5)] the law enforcement agency having custody of |
|
|
the person's files or records [named in the application or motion]. |
|
|
(o) An agency or official named in the order that cannot |
|
|
seal the records because the information required in the order |
|
|
under Subsection (p) is incorrect or insufficient shall notify the |
|
|
court issuing the order before the 61st day after the date the |
|
|
agency or official receives the order. The court shall notify the |
|
|
person who [made the application or who] is the subject of the |
|
|
records at issue [named in the motion], or the attorney for that |
|
|
person, before the 61st day after the date the court receives the |
|
|
notice that the agency or official cannot seal the records because |
|
|
there is incorrect or insufficient information in the order. |
|
|
(p) A [person who is eligible to seal records may file an
|
|
|
application for the sealing of records in a juvenile court of the
|
|
|
county in which the proceedings occurred.
The application and] |
|
|
sealing order entered under this section [on the application] must |
|
|
include the following information or an explanation for why one or |
|
|
more of the following is not included: |
|
|
(1) the person's [applicant's]: |
|
|
(A) full name; |
|
|
(B) sex; |
|
|
(C) race or ethnicity; |
|
|
(D) date of birth; |
|
|
(E) driver's license or identification card |
|
|
number; and |
|
|
(F) social security number; |
|
|
(2) the offense charged against the person [applicant] |
|
|
or for which the person [applicant] was referred to the juvenile |
|
|
justice system; |
|
|
(3) the date on which and the county where the offense |
|
|
was alleged to have been committed; and |
|
|
(4) if a petition was filed in the juvenile court, the |
|
|
cause number assigned to the petition and the court and county in |
|
|
which the petition was filed. |
|
|
SECTION 2. The changes in law made by this Act apply only to |
|
|
the records of a person who becomes eligible for sealing of records |
|
|
under Section 58.003, Family Code, as amended by this Act, on or |
|
|
after the effective date of this Act. The records of a person who |
|
|
was eligible for sealing of records under that section before the |
|
|
effective date of this Act are governed by the law applicable to the |
|
|
records immediately before that date, and the former law is |
|
|
continued in effect for that purpose. |
|
|
SECTION 3. This Act takes effect September 1, 2015. |
|
|
|
|
|
|
| |
| |
| |
| |
______________________________ |
______________________________ |
| |
President of the Senate |
Speaker of the House |
| |
|
|
I hereby certify that S.B. No. 1707 passed the Senate on |
|
|
April 9, 2015, by the following vote: Yeas 31, Nays 0. |
|
|
|
| |
| |
______________________________ |
| |
Secretary of the Senate |
| |
|
|
I hereby certify that S.B. No. 1707 passed the House on |
|
|
May 27, 2015, by the following vote: Yeas 142, Nays 2, two |
|
|
present not voting. |
|
|
|
| |
| |
______________________________ |
| |
Chief Clerk of the House |
| |
|
|
|
| |
|
|
Approved: |
|
|
|
|
|
______________________________ |
|
|
Date |
|
|
|
|
|
|
|
|
______________________________ |
|
|
Governor |