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89(R) HB 1821 - Introduced version - Bill Text
By: Bowers
H.B. No. 1821
A BILL TO BE ENTITLED
AN ACT
relating to information regarding the procedures and available
resources for the sealing of juvenile records.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 58.262, Family Code, is amended by
amending Subsections (a) and (b) and adding Subsections (a-1),
(b-1), and (e) to read as follows:
(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
:
(1)
a written explanation describing the process of
sealing records under this subchapter and a copy of this
subchapter
; and
(2)
a list of local resources that may assist the child
in applying to have the child's records sealed, including attorneys
who, at low or no cost, represent persons in applying for the
sealing of juvenile records
.
(a-1)
At the time an employee of the juvenile probation
department gives a written explanation under Subsection (a), the
employee shall additionally provide an oral explanation of the
process of sealing records to the child and the child's parent,
guardian, or custodian and allow any of those persons to ask
questions regarding the process.
(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
, other official at the juvenile probation
department,
or official at the Texas Juvenile Justice Department,
as appropriate, shall give the child and the child's parent,
guardian, or custodian
:
(1)
a written explanation regarding the eligibility of
the child's records for sealing under this subchapter and a copy of
this subchapter
; and
(2)
a list of local resources that may assist the child
in applying to have the child's records sealed, including attorneys
who, at low or no cost, represent persons in applying for the
sealing of juvenile records
.
(b-1)
At the time a probation officer, other official at the
juvenile probation department, or official at the Texas Juvenile
Justice Department gives a written explanation under Subsection
(b), the officer or official shall additionally provide an oral
explanation of the eligibility of the child's records for sealing
to the child and the child's parent, guardian, or custodian and
allow any of those persons to ask questions regarding the child's
eligibility and the process of having records sealed.
(e)
The Texas Juvenile Justice Department shall publish on
the department's Internet website a brochure that describes the
process of sealing records under this subchapter and that lists
resources that may assist a child in applying to seal the child's
records.
SECTION 2. Subchapter C-1, Chapter 58, Family Code, is
amended by adding Section 58.2625 to read as follows:
Sec.
58.2625.
ONLINE DIRECTORY OF ATTORNEYS FOR SEALING
JUVENILE RECORDS. (a) In this section, "state bar" means the State
Bar of Texas.
(b)
The state bar shall create and maintain a directory of
attorneys in this state who, at low or no cost, represent persons in
applying for the sealing of juvenile records.
The directory must
describe the administrative judicial regions created under Section
74.042, Government Code, and list the attorneys who offer that
representation in those regions.
(c)
The state bar shall make the directory available to the
public on the state bar's Internet website.
SECTION 3. This Act takes effect September 1, 2025.