By: Patterson, J. S.B. No. 204
73R1759 DAK-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the inspection of certain law-enforcement records and
1-3 files of a child who is a party to a juvenile court proceeding.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 51.14, Family Code, is amended by
1-6 amending Subsection (d) and adding Subsection (g) to read as
1-7 follows:
1-8 (d) Except for files and records relating to a charge for
1-9 which a child is transferred under Section 54.02 of this code to a
1-10 criminal court for prosecution, the law-enforcement files and
1-11 records are not open to public inspection nor may their contents be
1-12 disclosed to the public, but inspection of the files and records is
1-13 permitted by:
1-14 (1) a juvenile court having the child before it in any
1-15 proceeding;
1-16 (2) an attorney for a party to the proceeding; <and>
1-17 (3) law-enforcement officers when necessary for the
1-18 discharge of their official duties; and
1-19 (4) a chief administrative officer of a public school
1-20 or an employee of the school as provided by Subsection (g) of this
1-21 section.
1-22 (g) On the written request of the chief administrative
1-23 official of a public school in which a child is enrolled, a
1-24 law-enforcement agency shall, subject to Subsection (d) of this
2-1 section:
2-2 (1) withdraw from the child's file and records any
2-3 document or portion of a document relating to an offense involving
2-4 the possession or consumption of alcoholic beverages or narcotic
2-5 drugs; and
2-6 (2) allow the official or an employee of the school
2-7 designated by the official to inspect the document or portion of
2-8 the document.
2-9 SECTION 2. This Act takes effect September 1, 1993, and
2-10 applies to the inspection of the law-enforcement files and records
2-11 of a child under Section 51.14, Family Code, on or after that date
2-12 without regard to whether the proceedings under Title 3, Family
2-13 Code, relating to the child commenced before, on, or after that
2-14 date.
2-15 SECTION 3. The importance of this legislation and the
2-16 crowded condition of the calendars in both houses create an
2-17 emergency and an imperative public necessity that the
2-18 constitutional rule requiring bills to be read on three several
2-19 days in each house be suspended, and this rule is hereby suspended.