Bill Text: TX HB2711 | 2011-2012 | 82nd Legislature | Introduced
Bill Title: Relating to the sealing of the records of juveniles who are the victims of human trafficking and have been adjudicated to have engaged in certain delinquent conduct.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Engrossed - Dead) 2011-05-05 - Referred to Criminal Justice [HB2711 Detail]
Download: Texas-2011-HB2711-Introduced.html
82R6725 KCR-D | ||
By: Thompson | H.B. No. 2711 |
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relating to the sealing of the records of juveniles who are the | ||
victims of human trafficking and have been adjudicated to have | ||
engaged in certain delinquent conduct. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 58.003, Family Code, is amended by | ||
adding Subsections (c-3) and (c-4) and amending Subsection (d) to | ||
read as follows: | ||
(c-3) This subsection applies only to a child who is the | ||
victim of an offense under Section 20A.02, Penal Code, or is | ||
otherwise described as a victim by Article 42.0191, Code of | ||
Criminal Procedure. Notwithstanding Subsections (a) and (c) and | ||
subject to Subsection (b), a juvenile court shall order the sealing | ||
of records concerning a child adjudicated as having engaged in | ||
delinquent conduct that violated a provision of Chapter 43, Penal | ||
Code, when the child, as applicable, successfully completes the | ||
term of the child's probation or is discharged from the Texas Youth | ||
Commission. The court shall order the sealing of the records | ||
immediately and without a hearing. | ||
(c-4) A prosecuting attorney or juvenile probation | ||
department may maintain until a child's 17th birthday a separate | ||
record of the child's name and date of birth and the date the child | ||
successfully completed the term of the child's probation or was | ||
discharged from the Texas Youth Commission, if the child's records | ||
are sealed under Subsection (c-3). The prosecuting attorney or | ||
juvenile probation department, as applicable, shall send the record | ||
to the court as soon as practicable after the child's 17th birthday | ||
to be added to the child's other sealed records. | ||
(d) The court may grant the relief authorized in Subsection | ||
(a), [ |
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person or after the last official action in the case if there was no | ||
adjudication, subject, if applicable, to Subsection (e). If the | ||
child is referred to the juvenile court for conduct constituting | ||
any offense and at the adjudication hearing the child is found to be | ||
not guilty of each offense alleged, the court shall immediately and | ||
without any additional hearing order the sealing of all files and | ||
records relating to the case. | ||
SECTION 2. The change in law made by this Act applies to the | ||
sealing of records in the adjudication of a juvenile case on or | ||
after the effective date of this Act, regardless of when the conduct | ||
that is the subject of the adjudication occurred. | ||
SECTION 3. This Act takes effect September 1, 2011. |