bill sending gun-involved juvenile felonies to adult court

The text as introduced · 1,305 words

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.