HB4476 - Relating to the waiver of jurisdiction by a juvenile court for certain children who are accused of committing certain offenses involving the use or exhibition of a firearm, the mandatory transfer of jurisdiction for those children to a criminal court, and an order of expunction issued with respect to those offenses.

  89R12030 MCF-D     By: McLaughlin H.B. No. 4476       A BILL TO BE ENTITLED   AN ACT   relating to the waiver of jurisdiction by a juvenile court for   certain children who are accused of committing certain offenses   involving the use or exhibition of a firearm, the mandatory   transfer of jurisdiction for those children to a criminal court,   and an order of expunction issued with respect to those offenses.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 54.02, Family Code, is amended by adding   Subsection (m-1) and amending Subsection (n) to read as follows:           (m-1)     Notwithstanding any other provision of this section,   the juvenile court shall waive its exclusive original jurisdiction   and transfer a child to the appropriate district court or criminal   district court for criminal proceedings if:                 (1)     the child is alleged to have violated a penal law   punishable as a felony of the first degree;                 (2)     the child was 14 years of age or older at the time   the child is alleged to have committed the offense; and                 (3)     the child used or exhibited a firearm during the   commission of the alleged offense.          (n)  A mandatory transfer under Subsection (m) or (m-1) may   be made without conducting the study required in discretionary   transfer proceedings by Subsection (d).  The requirements of   Subsection (b) that the summons state that the purpose of the   hearing is to consider discretionary transfer to criminal court   does not apply to a transfer proceeding under Subsection (m) or   (m-1) .  In a proceeding under Subsection (m) or (m-1) , it is   sufficient that the summons provide fair notice that the purpose of   the hearing is to consider mandatory transfer to criminal court.          SECTION 2.  Chapter 55A, Code of Criminal Procedure, is   amended by adding Subchapter E-1 to read as follows:   SUBCHAPTER E-1.   EXPUNCTION FOR CERTAIN OFFENSES COMMITTED BY CHILD           Art.   55A.221.     PETITION FOR EXPUNCTION. (a)   A person who   has been convicted of or placed on deferred adjudication community   supervision for an offense for which the person was transferred   from a juvenile court to a district court or criminal district court   for criminal proceedings under Section 54.02(m-1), Family Code, may   file an ex parte petition in the court in which the person was   convicted or placed on deferred adjudication community supervision   to have all records and files related to the conviction or deferred   adjudication community supervision expunged if:                 (1)  the person is 25 years of age or older; and                 (2)     the person has not been convicted of or placed on   deferred adjudication community supervision for any subsequent   offense the commission of which involved the person's use or   exhibition of a firearm.           (b)     The petition for the expunction of records and files   under Subsection (a) must:                 (1)  be in writing; and                 (2)     be verified and include all the information   described by Article 55A.253 or an explanation for why any of the   information was omitted.           (c)     On the filing of the petition under this article, the   clerk of the court shall promptly serve a copy of the petition and   any supporting documentation on the appropriate office of the   attorney representing the state.   Any response to the petition by   the attorney representing the state must be filed not later than the   30th business day after the date of service under this subsection.           Art.   55A.222.     HEARING FOR EXPUNCTION. (a)   In the manner   described by Article 55A.254, the court shall hold a hearing to   consider an ex parte petition filed under Article 55A.221.           (b)     A person is entitled to have all records and files   related to the conviction or deferred adjudication community   supervision expunged under this subchapter if after the hearing the   court determines that:                 (1)     the offense for which the person is seeking the   expunction of records and files is an offense for which the person   was transferred from a juvenile court to a district court or   criminal district court for criminal proceedings under Section   54.02(m-1), Family Code;                 (2)  the person is 25 years of age or older;                 (3)     the person has not been subsequently convicted of   or placed on deferred adjudication community supervision for an   offense the commission of which involved the person's use or   exhibition of a firearm; and                 (4)     the person is rehabilitated and has demonstrated a   commitment to being a responsible citizen.          SECTION 3.  Article 55A.255, Code of Criminal Procedure, is   amended to read as follows:          Art. 55A.255.  ENTRY OF EXPUNCTION ORDER.  If the court finds   that the person who is the subject of an ex parte petition filed   under Subchapter E-1 or Article 55A.251, 55A.252, or 55A.257 is   entitled to expunction of any records and files that are the subject   of the petition, the court shall enter an order directing   expunction.          SECTION 4.  Article 55A.301, Code of Criminal Procedure, is   amended to read as follows:          Art. 55A.301.  REQUIRED CONTENT.  (a)  An expunction order   entered by a court under Subchapter E or F must have attached and   incorporate by reference a copy of the judgment of acquittal, if   any, and must include:                (1)  the following information on the person who is the   subject of the expunction order:                      (A)  full name;                      (B)  sex;                      (C)  race;                      (D)  date of birth;                      (E)  driver's license number; and                      (F)  social security number;                (2)  the offense charged against the person who is the   subject of the expunction order or the offense of which the person   was convicted , if applicable [ any ];                (3)  the date of the applicable arrest or conviction ;                (4)  the case number and court of offense, if any; and                (5)  the incident number assigned to the individual   incident of arrest under Article 66.251(b)(1) by the Department of   Public Safety.          (b)  An expunction order issued by a court under Subchapter E   or F must require any state agency that sent information concerning   the arrest or conviction to a central federal depository to request   the depository to return all records and files subject to the order.          SECTION 5.  Article 55A.401, Code of Criminal Procedure, is   amended to read as follows:          Art. 55A.401.  EFFECT OF FINAL EXPUNCTION ORDER.  When an   expunction order issued under Subchapter E or F is final:                (1)  the release, maintenance, dissemination, or use of   the expunged records and files for any purpose is prohibited;                (2)  except as provided by Subdivision (3), the person   arrested or convicted, as applicable, may deny the occurrence of   the arrest or conviction and the existence of the expunction order;   and                (3)  the person arrested or convicted, as applicable,   or any other person, when questioned under oath in a criminal   proceeding about an arrest or conviction for which the records have   been expunged, may state only that the matter in question has been   expunged.          SECTION 6.  Article 55A.402(a), Code of Criminal Procedure,   is amended to read as follows:          (a)  A person commits an offense if the person:                (1)  learns of an arrest or conviction while an officer   or employee of the state or of any agency or other entity of the   state or any political subdivision of the state;                (2)  knows of an order expunging the records and files   relating to that arrest or conviction ; and                (3)  knowingly releases, disseminates, or otherwise   uses the records or files.          SECTION 7.  The changes in law made by this Act to Section   54.02, Family Code, apply only to an offense committed or conduct   that occurs on or after the effective date of this Act.  An offense   committed or conduct that occurred before the effective date of   this Act is governed by the law in effect on the date the offense was   committed or the conduct occurred, and the former law is continued   in effect for that purpose.  For purposes of this section, an   offense was committed or conduct occurred before the effective date   of this Act if any element of the offense or conduct occurred before   that date.          SECTION 8.  This Act takes effect September 1, 2025.