Bill Text: TX HB4103 | 2019-2020 | 86th Legislature | Introduced
Bill Title: Relating to the discretionary sealing of certain juvenile records.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2019-05-02 - Reported favorably w/o amendment(s) [HB4103 Detail]
Download: Texas-2019-HB4103-Introduced.html
86R8931 LHC-F | ||
By: White | H.B. No. 4103 |
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relating to the discretionary sealing of certain juvenile records. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 58.256, Family Code, is amended by | ||
amending Subsections (c), (d), and (e) and adding Subsection (f) to | ||
read as follows: | ||
(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: | ||
(A) at least 18 years of age; | ||
(B) [ |
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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; or | ||
(C) any age, if the person was finally discharged | ||
without adjudication 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) was transferred to an appropriate district court | ||
under Section 54.051 after receiving [ |
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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 former Section 54.04011, unless the person has been | ||
discharged from the agency to which the person was committed. | ||
(e) Except as provided by Subsection (f), on [ |
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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. | ||
(f) The court may only order the sealing of a person's | ||
records under this section for a person described by Subsection | ||
(c)(1)(C) if the court finds that sealing the records is in the best | ||
interest of the person and the community. The court shall hold a | ||
hearing under Section 58.257 before ordering the sealing of the | ||
person's records under this subsection unless: | ||
(1) the person waives in writing the person's right to | ||
the hearing; and | ||
(2) the court and the prosecuting attorney for the | ||
juvenile court agree to waive the hearing. | ||
SECTION 2. The changes in law made by this Act apply to | ||
records created before, on, or after the effective date of this Act. | ||
SECTION 3. This Act takes effect September 1, 2019. |