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  S.B. No. 1304
 
 
 
 
AN ACT
  relating to confidentiality, sharing, sealing, and destruction of
  juvenile records.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Article 62.007(e), Code of Criminal Procedure,
  is amended to read as follows:
         (e)  Records [Notwithstanding Chapter 58, Family Code,
  records] and files, including records that have been sealed under
  Chapter 58, Family Code [Section 58.003 of that code], relating to a
  person for whom a court, the Texas Department of Criminal Justice,
  or the Texas Juvenile Justice Department is required under this
  article to determine a level of risk shall be released to the court,
  the Texas Department of Criminal Justice, or the Texas Juvenile
  Justice Department, as appropriate, for the purpose of determining
  the person's risk level.
         SECTION 2.  Section 54.04(h), Family Code, is amended to
  read as follows:
         (h)  At the conclusion of the dispositional hearing, the
  court shall inform the child of:
               (1)  the child's right to appeal, as required by Section
  56.01; and
               (2)  the procedures for the sealing of the child's
  records under Subchapter C-1, Chapter 58 [Section 58.003].
         SECTION 3.  Section 54.04012(d), Family Code, is amended to
  read as follows:
         (d)  Following a child's successful completion of the
  program, the court may order the sealing of the records of the case
  in the manner provided by Subchapter C-1, Chapter 58 [Sections
  58.003(c-7) and (c-8)].
         SECTION 4.  The heading to Subchapter A, Chapter 58, Family
  Code, is amended to read as follows:
  SUBCHAPTER A.  CREATION AND CONFIDENTIALITY OF JUVENILE RECORDS
         SECTION 5.  The heading to Section 58.001, Family Code, is
  amended to read as follows:
         Sec. 58.001.  LAW ENFORCEMENT COLLECTION AND TRANSMITTAL OF
  RECORDS OF CHILDREN.
         SECTION 6.  Sections 58.002(a), (b), and (c), Family Code,
  are amended to read as follows:
         (a)  Except as provided by Chapter 63, Code of Criminal
  Procedure, a child may not be photographed or fingerprinted without
  the consent of the juvenile court unless the child is:
               (1)  taken into custody; or
               (2)  referred to the juvenile court for conduct that
  constitutes a felony or a misdemeanor punishable by confinement in
  jail, regardless of whether the child has been taken into custody.
         (b)  On or before December 31 of each year, the head of each
  municipal or county law enforcement agency located in a county
  shall certify to the juvenile board for that county that the
  photographs and fingerprints required to be destroyed under Section
  58.001 have been destroyed. The juvenile board may [shall] conduct
  or cause to be conducted an audit of the records of the law
  enforcement agency to verify the destruction of the photographs and
  fingerprints and the law enforcement agency shall make its records
  available for this purpose. If the audit shows that the
  certification provided by the head of the law enforcement agency is
  false, that person is subject to prosecution for perjury under
  Chapter 37, Penal Code.
         (c)  This section does not prohibit a law enforcement officer
  from photographing or fingerprinting a child who is not in custody
  or who has not been referred to the juvenile court for conduct that
  constitutes a felony or misdemeanor punishable by confinement in
  jail if the child's parent or guardian voluntarily consents in
  writing to the photographing or fingerprinting of the child.  
  Consent of the child's parent or guardian is not required to
  photograph or fingerprint a child described by Subsection (a)(1) or
  (2).
         SECTION 7.  Section 58.0021(b), Family Code, is amended to
  read as follows:
         (b)  A law enforcement officer may take temporary custody of
  a child to take the child's photograph, or may obtain a photograph
  of a child from a juvenile probation department in possession of a
  photograph of the child, if:
               (1)  the officer has probable cause to believe that the
  child has engaged in delinquent conduct; and
               (2)  the officer has probable cause to believe that the
  child's photograph will be of material assistance in the
  investigation of that conduct.
         SECTION 8.  Section 58.004, Family Code, is amended to read
  as follows:
         Sec. 58.004.  REDACTION OF VICTIM'S PERSONALLY IDENTIFIABLE
  INFORMATION. (a)  Notwithstanding any other law, before
  disclosing any juvenile court record [or file] of a child as
  authorized by this chapter or other law, the custodian of the record
  [or file] must redact any personally identifiable information about
  a victim of the child's delinquent conduct or conduct indicating a
  need for supervision who was under 18 years of age on the date the
  conduct occurred.
         (b)  This section does not apply to information that is:
               (1)  necessary for an agency to provide services to the
  victim;
               (2)  necessary for law enforcement purposes; [or]
               (3)  shared within the statewide juvenile information
  and case management system established under Subchapter E;
               (4)  shared with an attorney representing the child in
  a proceeding under this title; or
               (5)  shared with an attorney representing any other
  person in a juvenile or criminal court proceeding arising from the
  same act or conduct for which the child was referred to juvenile
  court.
         SECTION 9.  Section 58.005, Family Code, is amended to read
  as follows:
         Sec. 58.005.  CONFIDENTIALITY OF FACILITY RECORDS.
  (a)  This section applies only to the inspection, copying, and
  maintenance of a record [Records and files] concerning a child and
  to the storage of information from which a record could be
  generated, including personally identifiable information, [and]
  information obtained for the purpose of diagnosis, examination,
  evaluation, or treatment of the child or for making a referral for
  treatment of the [a] child, and other records or information,
  created by or in the possession of:
               (1)  the Texas Juvenile Justice Department;
               (2)  an entity having custody of the child under a
  contract with the Texas Juvenile Justice Department; or
               (3)  another [by a] public or private agency or
  institution [providing supervision of a child by arrangement of the
  juvenile court or] having custody of the child under order of the
  juvenile court, including a facility operated by or under contract
  with a juvenile board or juvenile probation department.
         (a-1)  Except as provided by Article 15.27, Code of Criminal
  Procedure, the records and information to which this section
  applies may be disclosed only to:
               (1)  the professional staff or consultants of the
  agency or institution;
               (2)  the judge, probation officers, and professional
  staff or consultants of the juvenile court;
               (3)  an attorney for the child;
               (4)  a governmental agency if the disclosure is
  required or authorized by law;
               (5)  a person or entity to whom the child is referred
  for treatment or services if the agency or institution disclosing
  the information has entered into a written confidentiality
  agreement with the person or entity regarding the protection of the
  disclosed information;
               (6)  the Texas Department of Criminal Justice and the
  Texas Juvenile Justice Department for the purpose of maintaining
  statistical records of recidivism and for diagnosis and
  classification; or
               (7)  with permission from [leave of] the juvenile
  court, any other person, agency, or institution having a legitimate
  interest in the proceeding or in the work of the court.
         (b)  This section does not affect the collection,
  dissemination, or maintenance of information as provided by
  Subchapter B or [apply to information collected under Section
  58.104 or under Subchapter] D-1.
         SECTION 10.  Section 58.0052(b), Family Code, is amended to
  read as follows:
         (b)  Subject to Subsection (c), at [At] the request of a
  juvenile service provider, another juvenile service provider shall
  disclose to that provider a multi-system youth's personal health
  information or a history of governmental services provided to the
  multi-system youth, including:
               (1)  identity records;
               (2)  medical and dental records;
               (3)  assessment or diagnostic test results;
               (4)  special needs;
               (5)  program placements; [and]
               (6)  psychological diagnoses; and
               (7)  other related records or information.
         SECTION 11.  The heading to Section 58.007, Family Code, is
  amended to read as follows:
         Sec. 58.007.  CONFIDENTIALITY OF PROBATION DEPARTMENT,
  PROSECUTOR, AND COURT [PHYSICAL] RECORDS [OR FILES].
         SECTION 12.  Section 58.007, Family Code, is amended by
  amending Subsections (a), (b), (g), and (i) and adding Subsection
  (b-1) to read as follows:
         (a)  This section applies only to the inspection, copying,
  and maintenance of a [physical] record [or file] concerning a child
  and the storage of information, by electronic means or otherwise,
  concerning the child from which a [physical] record [or file] could
  be generated and does not affect the collection, dissemination, or
  maintenance of information as provided by Subchapter B or D-1.  This
  section does not apply to a record [or file] relating to a child
  that is:
               (1)  required or authorized to be maintained under the
  laws regulating the operation of motor vehicles in this state;
               (2)  maintained by a municipal or justice court; or
               (3)  subject to disclosure under Chapter 62, Code of
  Criminal Procedure.
         (b)  Except as provided by Section 54.051(d-1) and by Article
  15.27, Code of Criminal Procedure, the records, whether physical or
  electronic, [and files] of a juvenile court, a clerk of court, a
  juvenile probation department, or a prosecuting attorney relating
  to a child who is a party to a proceeding under this title may be
  inspected or copied only by:
               (1)  the judge, probation officers, and professional
  staff or consultants of the juvenile court;
               (2)  a juvenile justice agency as that term is defined
  by Section 58.101;
               (3)  an attorney representing [for] a party in a [to
  the] proceeding under this title;
               (4)  a person or entity to whom the child is referred
  for treatment or services, if the agency or institution disclosing
  the information has entered into a written confidentiality
  agreement with the person or entity regarding the protection of the
  disclosed information;
               (5)  a public or private agency or institution
  providing supervision of the child by arrangement of the juvenile
  court, or having custody of the child under juvenile court order; or
               (6) [(5)]  with permission from [leave of] the juvenile
  court, any other person, agency, or institution having a legitimate
  interest in the proceeding or in the work of the court.
         (b-1)  A person who is the subject of the records is entitled
  to access the records for the purpose of preparing and presenting a
  motion or application to seal the records.
         (g)  For the purpose of offering a record as evidence in the
  punishment phase of a criminal proceeding, a prosecuting attorney
  may obtain the record of a defendant's adjudication that is
  admissible under Section 3(a), Article 37.07, Code of Criminal
  Procedure, by submitting a request for the record to the juvenile
  court that made the adjudication. If a court receives a request
  from a prosecuting attorney under this subsection, the court shall,
  if the court possesses the requested record of adjudication,
  certify and provide the prosecuting attorney with a copy of the
  record. If a record has been sealed under this chapter, the
  juvenile court may not provide a copy of the record to a prosecuting
  attorney under this subsection.
         (i)  In addition to the authority to release information
  under Subsection (b)(6) [(b)(5)], a juvenile probation department
  may release information contained in its records without leave of
  the juvenile court pursuant to guidelines adopted by the juvenile
  board.
         SECTION 13.  Subchapter A, Chapter 58, Family Code, is
  amended by adding Section 58.008 to read as follows:
         Sec. 58.008.  CONFIDENTIALITY OF LAW ENFORCEMENT RECORDS.
  (a)  This section applies only to the inspection, copying, and
  maintenance of a record concerning a child and to the storage of
  information, by electronic means or otherwise, concerning the child
  from which a record could be generated and does not affect the
  collection, dissemination, or maintenance of information as
  provided by Subchapter B.  This section does not apply to a record
  relating to a child that is:
               (1)  required or authorized to be maintained under the
  laws regulating the operation of motor vehicles in this state;
               (2)  maintained by a municipal or justice court; or
               (3)  subject to disclosure under Chapter 62, Code of
  Criminal Procedure.
         (b)  Except as provided by Subsection (d), law enforcement
  records concerning a child and information concerning a child that
  are stored by electronic means or otherwise and from which a record
  could be generated may not be disclosed to the public and shall be:
               (1)  if maintained on paper or microfilm, kept separate
  from adult records;
               (2)  if maintained electronically in the same computer
  system as adult records, accessible only under controls that are
  separate and distinct from the controls to access electronic data
  concerning adults; and
               (3)  maintained on a local basis only and not sent to a
  central state or federal depository, except as provided by
  Subsection (c) or Subchapter B, D, or E.
         (c)  The law enforcement records of a person with a
  determinate sentence who is transferred to the Texas Department of
  Criminal Justice may be transferred to a central state or federal
  depository for adult records after the date of transfer and may be
  shared in accordance with the laws governing the adult records in
  the depository.
         (d)  Law enforcement records concerning a child may be
  inspected or copied by:
               (1)  a juvenile justice agency, as defined by Section
  58.101;
               (2)  a criminal justice agency, as defined by Section
  411.082, Government Code;
               (3)  the child; or
               (4)  the child's parent or guardian.
         (e)  Before a child or a child's parent or guardian may
  inspect or copy a record concerning the child under Subsection (d),
  the custodian of the record shall redact:
               (1)  any personally identifiable information about a
  juvenile suspect, offender, victim, or witness who is not the
  child; and
               (2)  any information that is excepted from required
  disclosure under Chapter 552, Government Code, or any other law.
         (f)  If a child has been reported missing by a parent,
  guardian, or conservator of that child, information about the child
  may be forwarded to and disseminated by the Texas Crime Information
  Center and the National Crime Information Center.
         SECTION 14.  Section 58.0072, Family Code, is redesignated
  as Section 58.009, Family Code, and amended to read as follows:
         Sec. 58.009 [58.0072].  DISSEMINATION OF JUVENILE JUSTICE
  INFORMATION BY THE TEXAS JUVENILE JUSTICE DEPARTMENT. (a)  Except
  as provided by this section, juvenile justice information collected
  and maintained by the Texas Juvenile Justice Department for
  statistical and research purposes is confidential information for
  the use of the department and may not be disseminated by the
  department.
         (b)  Juvenile justice information consists of information of
  the type described by Section 58.104, including statistical data in
  any form or medium collected, maintained, or submitted to the Texas
  Juvenile Justice Department under Section 221.007, Human Resources
  Code.
         (c)  The Texas Juvenile Justice Department may grant the
  following entities access to juvenile justice information for
  research and statistical purposes or for any other purpose approved
  by the department:
               (1)  criminal justice agencies as defined by Section
  411.082, Government Code;
               (2)  the Texas Education Agency, as authorized under
  Section 37.084, Education Code;
               (3)  any agency under the authority of the Health and
  Human Services Commission; or
               (4)  a public or private university.
         (d)  The Texas Juvenile Justice Department may grant the
  following entities access to juvenile justice information only for
  a purpose beneficial to and approved by the department to:
               (1)  a person working on a research or statistical
  project that:
                     (A)  is funded in whole or in part by state or
  federal funds; and
                     (B)  meets the requirements of and is approved by
  the department; or
               (2)  a person working on a research or statistical
  project that:
                     (A)  meets the requirements of and is approved by
  the department; and
                     (B)  [governmental entity that] has a specific
  agreement with the department that[, if the agreement]:
                           (i) [(A)]  specifically authorizes access
  to information;
                           (ii) [(B)]  limits the use of information to
  the purposes for which the information is given;
                           (iii) [(C)]  ensures the security and
  confidentiality of the information; and
                           (iv) [(D)]  provides for sanctions if a
  requirement imposed under Subparagraph (i), (ii), or (iii) 
  [Paragraph (A), (B), or (C)] is violated.
         (e)  The Texas Juvenile Justice Department shall grant
  access to juvenile justice information for legislative purposes
  under Section 552.008, Government Code.
         (f)  The Texas Juvenile Justice Department may not release
  juvenile justice information in identifiable form, except for
  information released under Subsection (c)(1), (2), or (3) or under
  the terms of an agreement entered into under Subsection (d)(2).  For
  purposes of this subsection, identifiable information means
  information that contains a juvenile offender's name or other
  personal identifiers or that can, by virtue of sample size or other
  factors, be reasonably interpreted as referring to a particular
  juvenile offender.
         (g)  Except as provided by Subsection (e), the [The] Texas
  Juvenile Justice Department is permitted but not required to
  release or disclose juvenile justice information to any person
  [not] identified under this section.
         SECTION 15.  Section 58.102(c), Family Code, is amended to
  read as follows:
         (c)  The department may not collect, [or] retain, or share
  information relating to a juvenile except as provided by [if] this
  chapter [prohibits or restricts the collection or retention of the
  information].
         SECTION 16.  Sections 58.104(a), (b), and (f), Family Code,
  are amended to read as follows:
         (a)  Subject to Subsection (f), the juvenile justice
  information system shall consist of information relating to
  delinquent conduct committed or alleged to have been committed by a
  juvenile offender that, if the conduct had been committed by an
  adult, would constitute a criminal offense other than an offense
  punishable by a fine only, including information relating to:
               (1)  the juvenile offender;
               (2)  the intake or referral of the juvenile offender
  into the juvenile justice system;
               (3)  the detention of the juvenile offender;
               (4)  the prosecution of the juvenile offender;
               (5)  the disposition of the juvenile offender's case,
  including the name and description of any program to which the
  juvenile offender is referred; [and]
               (6)  the probation or commitment of the juvenile
  offender; and
               (7)  the termination of probation supervision or
  discharge from commitment of the juvenile offender.
         (b)  To the extent possible and subject to Subsection (a),
  the department shall include in the juvenile justice information
  system the following information for each juvenile offender taken
  into custody, detained, or referred under this title for delinquent
  conduct:
               (1)  the juvenile offender's name, including other
  names by which the juvenile offender is known;
               (2)  the juvenile offender's date and place of birth;
               (3)  the juvenile offender's physical description,
  including sex, weight, height, race, ethnicity, eye color, hair
  color, scars, marks, and tattoos;
               (4)  the juvenile offender's state identification
  number, and other identifying information, as determined by the
  department;
               (5)  the juvenile offender's fingerprints;
               (6)  the juvenile offender's last known residential
  address, including the census tract number designation for the
  address;
               (7)  the name and identifying number of the agency that
  took into custody or detained the juvenile offender;
               (8)  the date of detention or custody;
               (9)  the conduct for which the juvenile offender was
  taken into custody, detained, or referred, including level and
  degree of the alleged offense;
               (10)  the name and identifying number of the juvenile
  intake agency or juvenile probation office;
               (11)  each disposition by the juvenile intake agency or
  juvenile probation office;
               (12)  the date of disposition by the juvenile intake
  agency or juvenile probation office;
               (13)  the name and identifying number of the
  prosecutor's office;
               (14)  each disposition by the prosecutor;
               (15)  the date of disposition by the prosecutor;
               (16)  the name and identifying number of the court;
               (17)  each disposition by the court, including
  information concerning probation or custody of a juvenile offender
  by a juvenile justice agency [or probation];
               (18)  the date of disposition by the court;
               (19)  the date any probation supervision, including
  deferred prosecution supervision, was terminated;
               (20)  any commitment or release under supervision by
  the Texas Juvenile Justice Department;
               (21) [(20)]  the date of any commitment or release
  under supervision by the Texas Juvenile Justice Department; and
               (22) [(21)]  a description of each appellate
  proceeding.
         (f)  Records maintained by the department in the depository
  are subject to being sealed under Subchapter C-1 [Section 58.003].
         SECTION 17.  Sections 58.106(a-2) and (b), Family Code, are
  amended to read as follows:
         (a-2)  Information disseminated under Subsection (a) [or
  (a-1)] remains confidential after dissemination and may be
  disclosed by the recipient only as provided by this title.
         (b)  Subsection (a) does [Subsections (a) and (a-1) do] not
  apply to a document maintained by a juvenile justice or law
  enforcement agency that is the source of information collected by
  the department.
         SECTION 18.  Chapter 58, Family Code, is amended by adding
  Subchapter C-1 to read as follows:
  SUBCHAPTER C-1.  SEALING AND DESTRUCTION OF JUVENILE RECORDS
         Sec. 58.251.  DEFINITIONS. In this subchapter:
               (1)  "Electronic record" means an entry in a computer
  file or information on microfilm, microfiche, or any other
  electronic storage media.
               (2)  "Juvenile matter" means a referral to a juvenile
  court or juvenile probation department and all related court
  proceedings and outcomes, if any.
               (3)  "Physical record" means a paper copy of a record.
               (4)  "Record" means any documentation related to a
  juvenile matter, including information contained in that
  documentation.
         Sec. 58.252.  EXEMPTED RECORDS. The following records are
  exempt from this subchapter:
               (1)  records relating to a criminal combination or
  criminal street gang maintained by the Department of Public Safety
  or a local law enforcement agency under Chapter 61, Code of Criminal
  Procedure;
               (2)  sex offender registration records maintained by
  the Department of Public Safety or a local law enforcement agency
  under Chapter 62, Code of Criminal Procedure; and
               (3)  records collected or maintained by the Texas
  Juvenile Justice Department for statistical and research purposes,
  including data submitted under Section 221.007, Human Resources
  Code, and personally identifiable information.
         Sec. 58.253.  SEALING RECORDS WITHOUT APPLICATION:  
  DELINQUENT CONDUCT. (a)  This section does not apply to the
  records of a child referred to a juvenile court or juvenile
  probation department solely for conduct indicating a need for
  supervision.
         (b)  A person who was referred to a juvenile probation
  department for delinquent conduct is entitled to have all records
  related to the person's juvenile matters, including records
  relating to any matters involving conduct indicating a need for
  supervision, sealed without applying to the juvenile court if the
  person:
               (1)  is at least 19 years of age;
               (2)  has not been adjudicated as having engaged in
  delinquent conduct or, if adjudicated for delinquent conduct, was
  not adjudicated for delinquent conduct violating a penal law of the
  grade of felony;
               (3)  does not have any pending delinquent conduct
  matters;
               (4)  has not been transferred by a juvenile court to a
  criminal court for prosecution under Section 54.02;
               (5)  has not as an adult been convicted of a felony or a
  misdemeanor punishable by confinement in jail; and
               (6)  does not have any pending charges as an adult for a
  felony or a misdemeanor punishable by confinement in jail.
         Sec. 58.254.  CERTIFICATION OF ELIGIBILITY FOR SEALING
  RECORDS WITHOUT APPLICATION FOR DELINQUENT CONDUCT. (a)  The
  Department of Public Safety shall certify to a juvenile probation
  department that has submitted records to the juvenile justice
  information system that the records relating to a person referred
  to the juvenile probation department appear to be eligible for
  sealing under Section 58.253.
         (b)  The Department of Public Safety may issue the
  certification described by Subsection (a) by electronic means,
  including by electronic mail.
         (c)  Except as provided by Subsection (d), not later than the
  60th day after the date the juvenile probation department receives
  a certification under Subsection (a), the juvenile probation
  department shall:
               (1)  give notice of the receipt of the certification to
  the juvenile court; and
               (2)  provide the court with a list of all referrals
  received by the department relating to that person and the outcome
  of each referral.
         (d)  If a juvenile probation department has reason to believe
  the records of the person for whom the department received a
  certification under Subsection (a) are not eligible to be sealed,
  the juvenile probation department shall notify the Department of
  Public Safety not later than the 15th day after the date the
  juvenile probation department received the certification.  If the
  juvenile probation department later determines that the person's
  records are eligible to be sealed, the juvenile probation
  department shall notify the juvenile court and provide the court
  the information described by Subsection (c) not later than the 30th
  day after the date of the determination.
         (e)  If, after receiving a certification under Subsection
  (a), the juvenile probation department determines that the person's
  records are not eligible to be sealed, the juvenile probation
  department and the Department of Public Safety shall update the
  juvenile justice information system to reflect that determination
  and no further action related to the records is required.
         (f)  Not later than the 60th day after the date a juvenile
  court receives notice from a juvenile probation department under
  Subsection (c), the juvenile court shall issue an order sealing all
  records relating to the person named in the certification.
         Sec. 58.255.  SEALING RECORDS WITHOUT APPLICATION:  CONDUCT
  INDICATING NEED FOR SUPERVISION. (a)  A person who was referred to
  a juvenile probation department for conduct indicating a need for
  supervision is entitled to have all records related to all conduct
  indicating a need for supervision matters sealed without applying
  to the juvenile court if the person:
               (1)  is at least 18 years of age;
               (2)  has not been referred to the juvenile probation
  department for delinquent conduct;
               (3)  has not as an adult been convicted of a felony; and
               (4)  does not have any pending charges as an adult for a
  felony or a misdemeanor punishable by confinement in jail.
         (b)  The juvenile probation department shall:
               (1)  give the juvenile court notice that a person's
  records are eligible for sealing under Subsection (a); and
               (2)  provide the juvenile court with a list of all
  referrals relating to that person received by the department and
  the outcome of each referral.
         (c)  Not later than the 60th day after the date the juvenile
  court receives notice from the juvenile probation department under
  Subsection (b), the juvenile court shall issue an order sealing all
  records relating to the person named in the notice.
         Sec. 58.256.  APPLICATION FOR SEALING RECORDS.
  (a)  Notwithstanding Sections 58.253 and 58.255, a person may file
  an application for the sealing of records related to the person in
  the juvenile court served by the juvenile probation department to
  which the person was referred. The court may not charge a fee for
  filing the application, regardless of the form of the application.
         (b)  An application filed under this section must include
  either the following information or the reason that one or more of
  the following is not included in the application:
               (1)  the person'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 conduct for which the person was referred to
  the juvenile probation department, including the date on which the
  conduct was alleged or found to have been committed;
               (3)  the cause number assigned to each petition
  relating to the person filed in juvenile court, if any, and the
  court in which the petition was filed; and
               (4)  a list of all entities the person believes have
  possession of records related to the person, including the
  applicable entities listed under Section 58.258(b).
         (c)  Except as provided by Subsection (d), the juvenile court
  may order the sealing of records related to all matters for which
  the person was referred to the juvenile probation department if the
  person:
               (1)  is at least 18 years of age, or is younger than 18
  years of age and at least two years have elapsed after the date of
  final discharge in each matter for which the person was referred to
  the juvenile probation department;
               (2)  does not have any delinquent conduct matters
  pending with any juvenile probation department or juvenile court;
               (3)  was not transferred by a juvenile court to a
  criminal court for prosecution under Section 54.02;
               (4)  has not as an adult been convicted of a felony; and
               (5)  does not have any pending charges as an adult for a
  felony or a misdemeanor punishable by confinement in jail.
         (d)  A court may not order the sealing of the records of a
  person who:
               (1)  received a determinate sentence for engaging in:
                     (A)  delinquent conduct that violated a penal law
  listed under Section 53.045; or
                     (B)  habitual felony conduct as described by
  Section 51.031;
               (2)  is currently required to register as a sex
  offender under Chapter 62, Code of Criminal Procedure; or
               (3)  was committed to the Texas Juvenile Justice
  Department or to a post-adjudication secure correctional facility
  under Section 54.04011, unless the person has been discharged from
  the agency to which the person was committed.
         (e)  On receipt of an application under this section, the
  court may:
               (1)  order the sealing of the person's records
  immediately, without a hearing; or
               (2)  hold a hearing under Section 58.257 at the court's
  discretion to determine whether to order the sealing of the
  person's records.
         Sec. 58.257.  HEARING REGARDING SEALING OF RECORDS. (a)  A
  hearing regarding the sealing of a person's records must be held not
  later than the 60th day after the date the court receives the
  person's application under Section 58.256.
         (b)  The court shall give reasonable notice of a hearing
  under this section to:
               (1)  the person who is the subject of the records;
               (2)  the person's attorney who made the application for
  sealing on behalf of the person, if any;
               (3)  the prosecuting attorney for the juvenile court;
               (4)  all entities named in the application that the
  person believes possess eligible records related to the person; and
               (5)  any individual or entity whose presence at the
  hearing is requested by the person or prosecutor.
         Sec. 58.258.  ORDER SEALING RECORDS. (a)  An order sealing
  the records of a person under this subchapter must include either
  the following information or the reason one or more of the following
  is not included in the order:
               (1)  the person'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)  each instance of conduct indicating a need for
  supervision or delinquent conduct alleged against the person or for
  which the person was referred to the juvenile justice system;
               (3)  the date on which and the county in which each
  instance of conduct was alleged to have occurred;
               (4)  if any petitions relating to the person were filed
  in juvenile court, the cause number assigned to each petition and
  the court and county in which each petition was filed; and
               (5)  a list of the entities believed to be in possession
  of the records that have been ordered sealed, including the
  entities listed under Subsection (b).
         (b)  Not later than the 60th day after the date of the entry
  of the order, the court shall provide a copy of the order to:
               (1)  the Department of Public Safety;
               (2)  the Texas Juvenile Justice Department, if the
  person was committed to the department;
               (3)  the clerk of court;
               (4)  the juvenile probation department serving the
  court;
               (5)  the prosecutor's office;
               (6)  each law enforcement agency that had contact with
  the person in relation to the conduct that is the subject of the
  sealing order;
               (7)  each public or private agency that had custody of
  or that provided supervision or services to the person in relation
  to the conduct that is the subject of the sealing order; and
               (8)  each official, agency, or other entity that the
  court has reason to believe has any record containing information
  that is related to the conduct that is the subject of the sealing
  order.
         (c)  On entry of the order, all adjudications relating to the
  person are vacated and the proceedings are dismissed and treated
  for all purposes as though the proceedings had never occurred. The
  clerk of court shall:
               (1)  seal all court records relating to the
  proceedings, including any records created in the clerk's case
  management system; and
               (2)  send copies of the order to all entities listed in
  the order.
         Sec. 58.259.  ACTIONS TAKEN ON RECEIPT OF ORDER TO SEAL
  RECORDS. (a)  An entity receiving an order to seal the records of a
  person issued under this subchapter shall, not later than the 61st
  day after the date of receiving the order, take the following
  actions, as applicable:
               (1)  the Department of Public Safety shall:
                     (A)  limit access to the records relating to the
  person in the juvenile justice information system to only the Texas
  Juvenile Justice Department for the purpose of conducting research
  and statistical studies;
                     (B)  destroy any other records relating to the
  person in the department's possession, including DNA records as
  provided by Section 411.151, Government Code; and
                     (C)  send written verification of the limitation
  and destruction of the records to the issuing court;
               (2)  the Texas Juvenile Justice Department shall:
                     (A)  seal all records relating to the person,
  other than those exempted from sealing under Section 58.252; and
                     (B)  send written verification of the sealing of
  the records to the issuing court;
               (3)  a public or private agency or institution that had
  custody of or provided supervision or services to the person who is
  the subject of the records, the juvenile probation department, a
  law enforcement entity, or a prosecuting attorney shall:
                     (A)  seal all records relating to the person; and
                     (B)  send written verification of the sealing of
  the records to the issuing court; and
               (4)  any other entity that receives an order to seal a
  person's records shall:
                     (A)  send any records relating to the person to
  the issuing court;
                     (B)  delete all index references to the person's
  records; and
                     (C)  send written verification of the deletion of
  the index references to the issuing court.
         (b)  Physical or electronic records are considered sealed if
  the records are not destroyed but are stored in a manner that allows
  access to the records only by the custodian of records for the
  entity possessing the records.
         (c)  If an entity that received an order to seal records
  relating to a person later receives an inquiry about a person or the
  matter contained in the records, the entity must respond that no
  records relating to the person or the matter exist.
         (d)  If an entity receiving an order to seal records under
  this subchapter is unable to comply with the order because the
  information in the order is incorrect or insufficient to allow the
  entity to identify the records that are subject to the order, the
  entity shall notify the issuing court not later than the 30th day
  after the date of receipt of the order. The court shall take any
  actions necessary and possible to provide the needed information to
  the entity, including contacting the person who is the subject of
  the order or the person's attorney.
         (e)  If an entity receiving a sealing order under this
  subchapter has no records related to the person who is the subject
  of the order, the entity shall provide written verification of that
  fact to the issuing court not later than the 30th day after the date
  of receipt of the order.
         Sec. 58.260.  INSPECTION AND RELEASE OF SEALED RECORDS.
  (a)  A juvenile court may allow, by order, the inspection of
  records sealed under this subchapter or under Section 58.003, as
  that law existed before September 1, 2017, only by:
               (1)  a person named in the order, on the petition of the
  person who is the subject of the records;
               (2)  a prosecutor, on the petition of the prosecutor,
  for the purpose of reviewing the records for possible use:
                     (A)  in a capital prosecution; or
                     (B)  for the enhancement of punishment under
  Section 12.42, Penal Code; or
               (3)  a court, the Texas Department of Criminal Justice,
  or the Texas Juvenile Justice Department for the purposes of
  Article 62.007(e), Code of Criminal Procedure.
         (b)  After a petitioner inspects records under this section,
  the court may order the release of any or all of the records to the
  petitioner on the motion of the petitioner.
         Sec. 58.261.  EFFECT OF SEALING RECORDS. (a)  A person
  whose records have been sealed under this subchapter or under
  Section 58.003, as that law existed before September 1, 2017, is not
  required to state in any proceeding or in any application for
  employment, licensing, admission, housing, or other public or
  private benefit that the person has been the subject of a juvenile
  matter.
         (b)  If a person's records have been sealed, the information
  in the records, the fact that the records once existed, or the
  person's denial of the existence of the records or of the person's
  involvement in a juvenile matter may not be used against the person
  in any manner, including in:
               (1)  a perjury prosecution or other criminal
  proceeding;
               (2)  a civil proceeding, including an administrative
  proceeding involving a governmental entity;
               (3)  an application process for licensing or
  certification; or
               (4)  an admission, employment, or housing decision.
         (c)  A person who is the subject of the sealed records may not
  waive the protected status of the records or the consequences of the
  protected status.
         Sec. 58.262.  INFORMATION GIVEN TO CHILD REGARDING SEALING
  OF RECORDS. (a)  When a child is referred to the juvenile probation
  department, an employee of the juvenile probation department shall
  give the child and the child's parent, guardian, or custodian a
  written explanation describing the process of sealing records under
  this subchapter and a copy of this subchapter.
         (b)  On the final discharge of a child, or on the last
  official action in the matter if there is no adjudication, a
  probation officer or official at the Texas Juvenile Justice
  Department, as appropriate, shall give the child and the child's
  parent, guardian, or custodian a written explanation regarding the
  eligibility of the child's records for sealing under this
  subchapter and a copy of this subchapter.
         (c)  The written explanation provided to a child under
  Subsections (a) and (b) must include the requirements for a record
  to be eligible for sealing, including an explanation of the records
  that are exempt from sealing under Section 58.252, and the
  following information:
               (1)  that, regardless of whether the child's conduct
  was adjudicated, the child has a juvenile record with the
  Department of Public Safety and the Federal Bureau of
  Investigation;
               (2)  the child's juvenile record is a permanent record
  unless the record is sealed under this subchapter;
               (3)  except as provided by Section 58.260, the child's
  juvenile record, other than treatment records made confidential by
  law, may be accessed by a police officer, sheriff, prosecutor,
  probation officer, correctional officer, or other criminal or
  juvenile justice official unless the record is sealed as provided
  by this subchapter;
               (4)  sealing of the child's records under Section
  58.253 or Section 58.255, as applicable, does not require any
  action by the child or the child's family, including the filing of
  an application or hiring of a lawyer, but occurs automatically at
  age 18 or 19 as applicable based on the child's referral and
  adjudication history;
               (5)  the child's juvenile record may be eligible for an
  earlier sealing date under Section 58.256, but an earlier sealing
  requires the child or an attorney for the child to file an
  application with the court;
               (6)  the impact of sealing records on the child; and
               (7)  the circumstances under which a sealed record may
  be reopened.
         (d)  The Texas Juvenile Justice Department shall adopt rules
  to implement this section and to facilitate the effective
  explanation of the information required to be communicated by this
  section.
         Sec. 58.263.  DESTRUCTION OF RECORDS:  NO PROBABLE CAUSE.
  The court shall order the destruction of the records relating to the
  conduct for which a child is taken into custody, including records
  contained in the juvenile justice information system, if:
               (1)  a determination is made under Section 53.01 that
  no probable cause exists to believe the child engaged in the conduct
  and the case is not referred to a prosecutor for review under
  Section 53.012; or
               (2)  a determination that no probable cause exists to
  believe the child engaged in the conduct is made by a prosecutor
  under Section 53.012.
         Sec. 58.264.  PERMISSIBLE DESTRUCTION OF RECORDS.
  (a)  Subject to Subsections (b) and (c) of this section, Section
  202.001, Local Government Code, and any other restrictions imposed
  by an entity's records retention guidelines, the following persons
  may authorize the destruction of records in a closed juvenile
  matter, regardless of the date the records were created:
               (1)  a juvenile board, in relation to the records in the
  possession of the juvenile probation department;
               (2)  the head of a law enforcement agency, in relation
  to the records in the possession of the agency; and
               (3)  a prosecuting attorney, in relation to the records
  in the possession of the prosecuting attorney's office.
         (b)  The records related to a person referred to a juvenile
  probation department may be destroyed if the person:
               (1)  is at least 18 years of age, and:
                     (A)  the most serious conduct for which the person
  was referred was conduct indicating a need for supervision, whether
  or not the person was adjudicated; or
                     (B)  the referral or information did not relate to
  conduct indicating a need for supervision or delinquent conduct and
  the juvenile probation department, prosecutor, or juvenile court
  did not take action on the referral or information for that reason;
               (2)  is at least 21 years of age, and:
                     (A)  the most serious conduct for which the person
  was adjudicated was delinquent conduct that violated a penal law of
  the grade of misdemeanor; or
                     (B)  the most serious conduct for which the person
  was referred was delinquent conduct and the person was not
  adjudicated as having engaged in the conduct; or
               (3)  is at least 31 years of age and the most serious
  conduct for which the person was adjudicated was delinquent conduct
  that violated a penal law of the grade of felony.
         (c)  If a record contains information relating to more than
  one person referred to a juvenile probation department, the record
  may only be destroyed if:
               (1)  the destruction of the record is authorized under
  this section; and
               (2)  information in the record that may be destroyed
  under this section can be separated from information that is not
  authorized to be destroyed.
         (d)  Electronic records are considered to be destroyed if the
  electronic records, including the index to the records, are
  deleted.
         (e)  Converting physical records to electronic records and
  subsequently destroying the physical records while maintaining the
  electronic records is not considered destruction of a record under
  this subchapter.
         (f)  This section does not authorize the destruction of the
  records of the juvenile court or clerk of court.
         (g)  This section does not authorize the destruction of
  records maintained for statistical and research purposes by the
  Texas Juvenile Justice Department in a juvenile information and
  case management system authorized under Section 58.403.
         (h)  This section does not affect the destruction of physical
  records and files authorized by the Texas State Library Records
  Retention Schedule.
         Sec. 58.265.  JUVENILE RECORDS NOT SUBJECT TO EXPUNCTION.
  Records to which this chapter applies are not subject to an order of
  expunction issued by any court.
         SECTION 19.  Section 58.112, Family Code, is transferred to
  Chapter 203, Human Resources Code, and redesignated as Section
  203.019, Human Resources Code, to read as follows:
         Sec. 203.019 [58.112].  REPORT TO LEGISLATURE.  Not later
  than August 15 of each year, the Texas Juvenile Justice Department
  shall submit to the lieutenant governor, the speaker of the house of
  representatives, and the governor a report that contains the
  following statistical information relating to children referred to
  a juvenile court during the preceding year:
               (1)  the ages, races, and counties of residence of the
  children transferred to a district court or criminal district court
  for criminal proceedings; and
               (2)  the ages, races, and counties of residence of the
  children committed to the Texas Juvenile Justice Department, placed
  on probation, or discharged without any disposition.
         SECTION 20.  Section 411.151(a), Government Code, is amended
  to read as follows:
         (a)  The director shall expunge a DNA record of an individual
  from a DNA database if the person:
               (1)  notifies the director in writing that the DNA
  record has been ordered to be expunged under this section or Chapter
  55, Code of Criminal Procedure, and provides the director with a
  certified copy of the court order that expunges the DNA record; or
               (2)  provides the director with a certified copy of a
  court order issued under Subchapter C-1, Chapter 58 [Section
  58.003], Family Code, that seals the juvenile record of the
  adjudication that resulted in the DNA record.
         SECTION 21.  The following provisions of the Family Code are
  repealed:
               (1)  Section 58.001(b);
               (2)  Section 58.003;
               (3)  Section 58.006;
               (4)  Sections 58.007(c), (d), (e), and (f);
               (5)  Section 58.0071;
               (6)  Section 58.00711;
               (7)  Section 58.106(a-1); and
               (8)  Subchapter C, Chapter 58.
         SECTION 22.  The changes in law made by this Act apply to
  records created before, on, or after the effective date of this Act.
         SECTION 23.  This Act takes effect September 1, 2017.
 
 
 
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
         I hereby certify that S.B. No. 1304 passed the Senate on
  April 19, 2017, by the following vote: Yeas 31, Nays 0; and that
  the Senate concurred in House amendment on May 26, 2017, by the
  following vote: Yeas 31, Nays 0.
 
 
  ______________________________
  Secretary of the Senate    
 
         I hereby certify that S.B. No. 1304 passed the House, with
  amendment, on May 19, 2017, by the following vote: Yeas 144,
  Nays 0, two present not voting.
 
 
  ______________________________
  Chief Clerk of the House   
 
 
 
  Approved:
 
  ______________________________ 
              Date
 
 
  ______________________________ 
            Governor