House Bill No. 4476 proposes significant changes to the Family Code and the Code of Criminal Procedure regarding the handling of juvenile offenders accused of serious firearm-related offenses. The bill mandates that juvenile courts waive their jurisdiction and transfer cases involving children aged 14 and older, who are accused of committing first-degree felonies while using or exhibiting a firearm, to criminal courts. This transfer can occur without the need for a discretionary transfer study, simplifying the process for such cases. Additionally, the bill introduces a new provision allowing individuals who were convicted or placed on deferred adjudication for these offenses to petition for expunction of their records once they reach the age of 25, provided they have not committed further firearm-related offenses.

The bill also establishes a new subchapter in the Code of Criminal Procedure that outlines the process for expunction petitions, including requirements for the petition and the conditions under which expunction may be granted. It specifies that the court must hold a hearing to consider the petition and that expunction is contingent upon the individual demonstrating rehabilitation and a commitment to responsible citizenship. The changes in law will apply only to offenses committed on or after the effective date of the Act, which is set for September 1, 2025.

Statutes affected:
Introduced: Family Code 54.02 (Family Code 54)