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AN ACT
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relating to access by certain military personnel to juvenile and |
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criminal history information. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 58.204(b), Family Code, is amended to |
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read as follows: |
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(b) On certification of records in a case under Section |
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58.203, the department may permit access to the information in the |
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juvenile justice information system relating to the case of an |
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individual only: |
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(1) by a criminal justice agency for a criminal |
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justice purpose, as those terms are defined by Section 411.082, |
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Government Code; [or] |
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(2) for research purposes, by the Texas Juvenile |
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Justice Department [Probation Commission, the Texas Youth
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Commission,] or the Criminal Justice Policy Council; or |
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(3) with the written permission of the individual, by |
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military personnel, including a recruiter, of this state or the |
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United States if the individual is an applicant for enlistment in |
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the armed forces. |
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SECTION 2. Section 58.207, Family Code, is amended by |
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amending Subsection (a) and adding Subsection (c) to read as |
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follows: |
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(a) On certification of records in a case under Section |
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58.203, the juvenile court shall order: |
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(1) that the following records relating to the case |
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may be accessed only as provided by Section 58.204(b): |
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(A) if the respondent was committed to the Texas |
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Juvenile Justice Department [Youth Commission], records maintained |
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by the department [commission]; |
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(B) records maintained by the juvenile probation |
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department; |
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(C) records maintained by the clerk of the court; |
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(D) records maintained by the prosecutor's |
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office; and |
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(E) records maintained by a law enforcement |
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agency; and |
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(2) the juvenile probation department to make a |
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reasonable effort to notify the person who is the subject of records |
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for which access has been restricted of the action restricting |
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access and the legal significance of the action for the person, but |
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only if the person has requested the notification in writing and has |
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provided the juvenile probation department with a current address. |
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(c) Notwithstanding Subsection (b) of this section and |
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Section 58.206(b), with the written permission of the subject of |
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the records, an agency under Subsection (a)(1) may allow military |
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personnel, including a recruiter, of this state or the United |
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States to access juvenile records in the same manner authorized by |
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law for records to which access has not been restricted under this |
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section. |
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SECTION 3. Subchapter F, Chapter 411, Government Code, is |
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amended by adding Section 411.1410 to read as follows: |
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Sec. 411.1410. ACCESS TO CRIMINAL HISTORY RECORD |
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INFORMATION: UNITED STATES ARMED FORCES. (a) In this section, |
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"agency of the United States armed forces" means the United States |
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Army, the United States Navy, the United States Marine Corps, the |
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United States Coast Guard, or the United States Air Force. |
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(b) Subject to Subsection (c), an agency of the United |
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States armed forces, including a recruiter for the agency, is |
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entitled to obtain from the department criminal history record |
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information maintained by the department that relates to a person |
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who is an applicant for enlistment in the United States armed |
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forces. |
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(c) An agency of the United States armed forces is entitled |
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to criminal history record information under Subsection (b) only if |
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the agency submits to the department a signed statement from the |
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applicant that authorizes the agency to obtain the information. |
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(d) Criminal history record information obtained by an |
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agency of the United States armed forces under Subsection (b) may |
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not be released to any person or agency except on court order or |
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with the consent of the person who is the subject of the criminal |
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history record information. |
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(e) An agency of the United States armed forces shall |
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destroy criminal history record information obtained under |
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Subsection (b) after the purpose for which the information was |
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obtained is accomplished. |
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SECTION 4. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2013. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 694 was passed by the House on May 9, |
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2013, by the following vote: Yeas 135, Nays 0, 2 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 694 was passed by the Senate on May |
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22, 2013, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: _____________________ |
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Date |
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_____________________ |
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Governor |