By Thompson                                           H.B. No. 1179
       74R2648 DAK-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the fingerprints, photographs, and other records of
    1-3  certain delinquent children.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Sections 51.14(c) and (d), Family Code, are
    1-6  amended to read as follows:
    1-7        (c)  Except as provided by this subsection, law-enforcement
    1-8  files and records concerning a child shall be kept separate from
    1-9  files and records of arrests of adults and shall be maintained on a
   1-10  local basis only and not sent to a central state or federal
   1-11  depository.  The law-enforcement files and records of a person who
   1-12  is adjudicated as having engaged in delinquent conduct that
   1-13  violated a penal law of the grade of felony shall be transferred to
   1-14  the Bureau of Identification of the Department of Public Safety and
   1-15  may be disseminated by the Texas Crime Information Center to
   1-16  law-enforcement personnel, an attorney for the state, and an
   1-17  attorney representing the child <from the Texas Youth Commission to
   1-18  the Texas Department of Corrections under a determinate sentence
   1-19  may be transferred to a central state or federal depository for
   1-20  adult records on or after the date of transfer>.  If a child has
   1-21  been reported as missing by a parent, guardian, or conservator of
   1-22  that child, has escaped from the custody of a juvenile detention
   1-23  facility, the Texas Youth Commission, or any other agency to which
   1-24  the child has been committed, or is the subject of a bench warrant
    2-1  or felony arrest warrant issued by a court after the child has fled
    2-2  the jurisdiction of the court, any information or records
    2-3  concerning that child may be transferred to and disseminated by the
    2-4  Texas Crime Information Center and the National Crime Information
    2-5  Center.
    2-6        (d)  Except as provided by Subsection (c) and Article 15.27,
    2-7  Code of Criminal Procedure, and except for files and records
    2-8  relating to a charge for which a child is transferred under Section
    2-9  54.02 of this code to a criminal court for prosecution, the
   2-10  law-enforcement files and records are not open to public inspection
   2-11  nor may their contents be disclosed to the public, but inspection
   2-12  of the files and records is permitted by:
   2-13              (1)  a juvenile court having the child before it in any
   2-14  proceeding;
   2-15              (2)  an attorney for a party to the proceeding; and
   2-16              (3)  law-enforcement officers when necessary for the
   2-17  discharge of their official duties.
   2-18        SECTION 2.  Sections 51.15(a) and (b), Family Code, are
   2-19  amended to read as follows:
   2-20        (a)  No child may be fingerprinted without the consent of the
   2-21  juvenile court except as provided by this subsection or by
   2-22  Subsections (f) and (i) of this section.  A child's fingerprints
   2-23  may be taken and filed by a law-enforcement officer investigating a
   2-24  case if<:>
   2-25              <(1)>  the child is <15 years of age or older and is>
   2-26  referred to the juvenile court for any felony<; or>
   2-27              <(2)  the child is under 15 years of age and is
    3-1  referred to the juvenile court for a felony listed in Section
    3-2  53.045(a) of this code>.
    3-3        (b)  Except as provided in Subsections (h) and (i) of this
    3-4  section, no child taken into custody may be photographed without
    3-5  the consent of the juvenile court unless<:>
    3-6              <(1)>  the child is <15 years of age or older and is>
    3-7  referred to the juvenile court for a felony<; or>
    3-8              <(2)  the child is under 15 years of age and is
    3-9  referred to the juvenile court for a felony listed in Section
   3-10  53.045(a) of this code>.
   3-11        SECTION 3.  Section 51.15(c), Family Code, as amended by
   3-12  Chapters 385, 515, and 576, Acts of the 70th Legislature, Regular
   3-13  Session, 1987, is amended to read as follows:
   3-14        (c)  Except as provided by this subsection, fingerprint and
   3-15  photograph files or records of children shall be kept separate from
   3-16  those of adults, and fingerprints or photographs known to be those
   3-17  of a child shall be maintained on a local basis only and not sent
   3-18  to a central state or federal depository.  However, fingerprint and
   3-19  photograph files or records of a person who is adjudicated as
   3-20  having engaged in delinquent conduct that violated a penal law of
   3-21  the grade of felony shall be transferred to the Bureau of
   3-22  Identification of the Department of Public Safety and may be
   3-23  disseminated by the Texas Crime Information Center to law
   3-24  enforcement personnel, an attorney for the state, and an attorney
   3-25  representing the child <from the Texas Youth Commission to the
   3-26  Texas Department of Corrections under a determinate sentence may be
   3-27  transferred to adult records on or after the date of transfer>.  If
    4-1  a child has been reported as missing by a parent, guardian, or
    4-2  conservator of that child or a child has escaped from the custody
    4-3  of a juvenile  detention facility, the Texas Youth Commission, or
    4-4  any other agency to which the child has been committed, the child's
    4-5  fingerprints and photograph may be sent to and indexed into the
    4-6  files of the Department of Public Safety and the Federal Bureau of
    4-7  Investigation to aid in the location and identification of the
    4-8  child.
    4-9        SECTION 4.  Section 51.16, Family Code, is amended by adding
   4-10  Subsection (m) to read as follows:
   4-11        (m)  This section applies to the sealing and destruction of
   4-12  the files and records of a child without regard to whether the
   4-13  child was under the jurisdiction of a juvenile court as a
   4-14  delinquent child or alleged delinquent child before, on, or after
   4-15  September 1, 1973.
   4-16        SECTION 5.  (a)  This Act takes effect September 1, 1995.
   4-17        (b)  Sections 1-3 of this Act apply only to conduct that
   4-18  occurs on or after the effective date of this Act.  Conduct
   4-19  violating the penal law of this state occurs on or after the
   4-20  effective date of this Act if any element of the violation occurs
   4-21  on or after that date.
   4-22        (c)  Except as provided by Section 4 of this Act, conduct
   4-23  that occurs before the effective date of this Act is governed by
   4-24  the law in effect at the time the conduct occurred, and that law is
   4-25  continued in effect for that purpose.
   4-26        (d)  Sections 1-3 of this Act apply only to fingerprints and
   4-27  photographs taken on or after the effective date of this Act.
    5-1  Fingerprints or photographs taken before the effective date of this
    5-2  Act are governed by the law in effect at the time the fingerprints
    5-3  or photographs were taken, and that law is continued in effect for
    5-4  that purpose.
    5-5        SECTION 6.  The importance of this legislation and the
    5-6  crowded condition of the calendars in both houses create an
    5-7  emergency and an imperative public necessity that the
    5-8  constitutional rule requiring bills to be read on three several
    5-9  days in each house be suspended, and this rule is hereby suspended.