By Allen H.B. No. 1197 74R2095 DAK-D A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to records of children in the juvenile justice system and 1-3 the establishment and operation of a juvenile justice information 1-4 system. 1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-6 SECTION 1. Title 3, Family Code, is amended by adding 1-7 Chapter 59 to read as follows: 1-8 CHAPTER 59. RECORDS; JUVENILE JUSTICE INFORMATION SYSTEM 1-9 SUBCHAPTER A. RECORDS 1-10 Sec. 59.001. RECORDS OF CHILDREN 13 YEARS OF AGE OR OLDER 1-11 WHO HAVE ENGAGED IN DELINQUENT CONDUCT. (a) This section applies 1-12 only to a child who: 1-13 (1) is 13 years of age or older and is taken into 1-14 custody or detained for engaging in delinquent conduct; or 1-15 (2) is taken into custody or detained for any offense 1-16 or for conduct indicating a need for supervision and has 1-17 previously, on or after the child's 13th birthday, been taken into 1-18 custody or detained for engaging in delinquent conduct. 1-19 (b) Information relating to a child to whom this section 1-20 applies: 1-21 (1) shall be collected as a part of the juvenile 1-22 justice information system created under Subchapter B; and 1-23 (2) is available as provided by that subchapter. 1-24 (c) A child to whom this section applies may be photographed 2-1 or fingerprinted. 2-2 Sec. 59.002. RECORDS OF CHILDREN WHO HAVE NOT ENGAGED IN 2-3 DELINQUENT CONDUCT. (a) This section applies only to a child who: 2-4 (1) is taken into custody or detained for engaging in 2-5 conduct in need of supervision; and 2-6 (2) has not previously, on or after the child's 13th 2-7 birthday, been taken into custody or detained for engaging in 2-8 delinquent conduct. 2-9 (b) Except as otherwise provided by this chapter, records 2-10 concerning a child to whom this section applies shall be kept 2-11 separate from the juvenile justice information system created by 2-12 Subchapter B. 2-13 (c) The records of a child to whom this section applies are 2-14 open to inspection only by: 2-15 (1) the judge, a probation officer, and professional 2-16 staff or consultants of the juvenile court; 2-17 (2) an attorney for a party to the proceeding; 2-18 (3) a public or private agency or institution 2-19 providing supervision of the child by arrangement of the juvenile 2-20 court or having custody of the child under a juvenile court order; 2-21 or 2-22 (4) with leave of juvenile court, any other person, 2-23 agency, or institution having a legitimate interest in the 2-24 proceeding or in the work of the court. 2-25 (d) All records of a public or private agency or institution 2-26 providing supervision of a child to whom this section applies by 2-27 arrangement of the juvenile court or having custody of the child 3-1 under order of the juvenile court are open to inspection only by: 3-2 (1) professional staff or consultants of the agency or 3-3 institution; 3-4 (2) the judge, a probation officer, and professional 3-5 staff or consultants of the juvenile court; 3-6 (3) an attorney for the child; 3-7 (4) with leave of the juvenile court, any other 3-8 person, agency, or institution having a legitimate interest in the 3-9 work of the agency or institution; or 3-10 (5) the Texas Department of Criminal Justice, 3-11 Department of Public Safety, and Texas Juvenile Probation 3-12 Commission, for the purpose of maintaining statistical records of 3-13 recidivism, and for diagnosis and classification. 3-14 (e) Records of a child to whom this section applies may be 3-15 transferred to the juvenile justice information system if the 3-16 child: 3-17 (1) has been reported as missing by a parent, 3-18 guardian, or conservator of that child; 3-19 (2) has escaped from the custody of a juvenile 3-20 detention facility, the Texas Youth Commission, or any other agency 3-21 to which the child has been committed; or 3-22 (3) is the subject of a bench warrant or felony arrest 3-23 warrant issued by a court after the child has fled the jurisdiction 3-24 of the court. 3-25 (f) Except as otherwise provided by this subchapter, a child 3-26 to whom this section applies may not be photographed or 3-27 fingerprinted without the consent of the juvenile court. 4-1 Sec. 59.003. INVESTIGATION. (a) If a latent fingerprint is 4-2 found during the investigation of conduct that may violate a penal 4-3 law, and a law enforcement officer reasonably believes that the 4-4 print is of a particular child, if otherwise authorized by law, the 4-5 officer may fingerprint the child without regard to the age of the 4-6 child or the nature of the conduct for the purpose of an immediate 4-7 comparison with the latent fingerprint. If the comparison is 4-8 negative, the fingerprint card and other copies of the fingerprints 4-9 taken shall be destroyed immediately. If the comparison is 4-10 positive, the fingerprint card and other copies of the fingerprints 4-11 taken shall be delivered to the court for disposition. 4-12 (b) If, during the investigation of conduct that may violate 4-13 a penal law, a law enforcement officer reasonably believes that a 4-14 photograph of a child taken into custody or detained as permitted 4-15 under this title will assist in the identification of the person 4-16 engaging in the conduct, and if not otherwise prohibited by law, 4-17 the officer may, without regard to the age of the child or the 4-18 nature of the conduct, photograph the face of the child. If the 4-19 child is not identified as a possible offender, the photograph and 4-20 its negative shall be destroyed immediately. If the child is 4-21 identified through the photograph, the photograph and its negative 4-22 shall be delivered to the juvenile court for disposition. 4-23 (c) When destruction of a fingerprint or photograph is 4-24 required under this section, the agency with custody of the 4-25 fingerprint or photograph shall proceed with destruction without 4-26 judicial order. If the fingerprint or photograph is not destroyed, 4-27 the juvenile court, on its own motion or on application by the 5-1 person fingerprinted or photographed, shall order the destruction 5-2 as required by this section. 5-3 Sec. 59.004. SEALING OF RECORDS. (a) On the application of 5-4 a person who has been found to have engaged in delinquent conduct 5-5 or conduct indicating a need for supervision, or a person taken 5-6 into custody to determine whether the person engaged in delinquent 5-7 conduct or conduct indicating a need for supervision, or on the 5-8 juvenile court's own motion, the court, after hearing, shall order 5-9 the sealing of the records in the case, if the court finds that: 5-10 (1) if the person engaged in delinquent conduct: 5-11 (A) the delinquent conduct did not violate a 5-12 penal law of the grade of felony; and 5-13 (B) the person was younger than 13 years of age 5-14 at the time of engaging in the conduct; 5-15 (2) two years have elapsed since final discharge of 5-16 the person, or since the last official action in the case if there 5-17 was no adjudication; 5-18 (3) since the time specified in Subdivision (2), the 5-19 person has not been convicted of a felony or a misdemeanor or found 5-20 to have engaged in delinquent conduct or conduct indicating a need 5-21 for supervision, and no proceeding is pending seeking conviction or 5-22 adjudication; and 5-23 (4) it is unlikely the person will engage in further 5-24 delinquent conduct or conduct indicating a need for supervision or 5-25 will commit a felony or a misdemeanor. 5-26 (b) The court may grant the relief authorized in Subsection 5-27 (a) at any time after final discharge of the person or after the 6-1 last official action in the case if there was no adjudication. 6-2 (c) Reasonable notice of the hearing shall be given to: 6-3 (1) the person who made the application or who is the 6-4 subject of the records named in the motion; 6-5 (2) the prosecuting attorney for the juvenile court; 6-6 (3) the authority granting the discharge if the final 6-7 discharge was from an institution or from parole; 6-8 (4) the public or private agency or institution having 6-9 custody of records named in the application or motion; and 6-10 (5) the law enforcement agency having custody of files 6-11 or records named in the application or motion. 6-12 (d) A copy of the sealing order shall be sent to each 6-13 agency or official named in the order. 6-14 (e) On entry of the order: 6-15 (1) all law enforcement, prosecuting attorney, clerk 6-16 of court, and juvenile court records ordered sealed shall be sent 6-17 to the court issuing the order; 6-18 (2) all records of a public or private agency or 6-19 institution ordered sealed shall be sent to the court issuing the 6-20 order; 6-21 (3) all index references to the records ordered sealed 6-22 shall be deleted; 6-23 (4) the juvenile court, clerk of court, prosecuting 6-24 attorney, public or private agency or institution, and law 6-25 enforcement officers and agencies shall properly reply that no 6-26 record exists with respect to the person on inquiry in any matter; 6-27 and 7-1 (5) the adjudication shall be vacated and the 7-2 proceeding dismissed and treated for all purposes, including the 7-3 purpose of showing a prior finding of delinquent conduct, as if it 7-4 had never occurred. 7-5 (f) Inspection of the sealed records may be permitted by an 7-6 order of the juvenile court on the petition of the person who is 7-7 the subject of the records and only by those persons named in the 7-8 order. 7-9 (g) On the final discharge of a child or on the last 7-10 official action in the case if there is no adjudication, the child 7-11 shall be given a written explanation of the child's rights under 7-12 this section and a copy of the provisions of this section. 7-13 (h) A person whose records have been sealed under this 7-14 section is not required in any proceeding or in any application for 7-15 employment, information, or licensing to state that the person has 7-16 been the subject of a proceeding under this title and any statement 7-17 that the person has never been found to be a delinquent child shall 7-18 never be held against the person in any criminal or civil 7-19 proceeding. 7-20 (i) On the motion of a person in whose name records are kept 7-21 or on the court's own motion, the court may order the destruction 7-22 of records that have been sealed under this section if: 7-23 (1) seven years have elapsed since the person's 16th 7-24 birthday; and 7-25 (2) the person has not been convicted of a felony. 7-26 (Sections 59.005-59.100 reserved for expansion 7-27 SUBCHAPTER B. JUVENILE JUSTICE INFORMATION SYSTEM 8-1 Sec. 59.101. DEFINITION. In this subchapter, "department" 8-2 means the Department of Public Safety of Texas. 8-3 Sec. 59.102. JUVENILE JUSTICE INFORMATION SYSTEM. (a) The 8-4 department shall record information and maintain information for a 8-5 computerized juvenile justice information system as provided by 8-6 this subchapter. 8-7 (b) The department shall develop and maintain the system 8-8 with the cooperation and advice of the: 8-9 (1) Texas Youth Commission; 8-10 (2) Texas Juvenile Probation Commission; and 8-11 (3) Criminal Justice Policy Council. 8-12 Sec. 59.103. PURPOSE OF SYSTEM. The purpose of the juvenile 8-13 justice information system is to: 8-14 (1) provide agencies and personnel within the juvenile 8-15 justice system accurate information relating to children who come 8-16 into contact with the juvenile justice system of this state; 8-17 (2) provide, where allowed by law, adult criminal 8-18 justice agencies accurate and easily accessible information 8-19 relating to children who come into contact with the juvenile 8-20 justice system; 8-21 (3) provide an efficient conversion, where 8-22 appropriate, of juvenile records to adult criminal records; 8-23 (4) improve the quality of data used to conduct impact 8-24 analyses of proposed legislative changes in the juvenile justice 8-25 system; and 8-26 (5) improve the ability of interested parties to 8-27 analyze the functioning of the juvenile justice system. 9-1 Sec. 59.104. TYPES OF INFORMATION COLLECTED. (a) The 9-2 department may not collect or retain information, including 9-3 fingerprints and photographs, relating to a child if this chapter 9-4 prohibits or restricts the collection of the information. 9-5 (b) To the extent possible and subject to Subsection (a), 9-6 the department shall include in the juvenile justice information 9-7 system the following information for each child taken into custody 9-8 under this title: 9-9 (1) the child's name, including other names by which 9-10 the child is known; 9-11 (2) the child's date of birth; 9-12 (3) the child's physical description, including sex, 9-13 weight, height, race, ethnicity, eye color, hair color, scars, 9-14 marks, and tattoos; 9-15 (4) the child's state identification number; 9-16 (5) the child's fingerprints and photographs; 9-17 (6) a description of the nature of the conduct in need 9-18 of supervision or delinquent conduct; 9-19 (7) the results of a preliminary investigation and any 9-20 determination; 9-21 (8) the results of any intake conference and any 9-22 adjustment; 9-23 (9) the times and places of detention; 9-24 (10) a copy of each petition for an adjudication, 9-25 including a petition referred to a grand jury under Section 53.045 9-26 or a petition for a transfer to criminal court as provided by 9-27 Section 54.02; 10-1 (11) a statement of an adjudication; 10-2 (12) a copy of an order including a disposition or 10-3 modification of disposition; 10-4 (13) an order affecting parents and others; 10-5 (14) an order suspending a license; 10-6 (15) a description of the time, place, and nature of a 10-7 release hearing; 10-8 (16) a copy of any commitment, classification, or 10-9 release under supervision by the Texas Youth Commission; 10-10 (17) a description of the time, place, and nature of a 10-11 proceeding concerning a child with a mental illness, retardation, 10-12 disease, or defect; and 10-13 (18) a description of any appellate proceedings. 10-14 (c) The department may designate codes relating to the 10-15 information described by Subsection (b). 10-16 (d) The department may designate a state identification 10-17 number for each child. 10-18 Sec. 59.105. DUTIES OF JUVENILE BOARD. Each juvenile board 10-19 shall provide for: 10-20 (1) the compilation and maintenance of records and 10-21 information needed for reporting information to the department 10-22 under this subchapter; 10-23 (2) the transmittal to the department, in the manner 10-24 provided by the department, of all records and information required 10-25 by the department under this subchapter; and 10-26 (3) access by the department to inspect records and 10-27 information to determine the completeness and accuracy of 11-1 information reported. 11-2 Sec. 59.106. CONFIDENTIALITY. Information contained in the 11-3 juvenile justice information system is confidential information for 11-4 the use of the department and may not be disseminated by the 11-5 department except to: 11-6 (1) juvenile justice agencies, for a juvenile justice 11-7 purpose; and 11-8 (2) to a person or entity to which the department may 11-9 grant access to adult criminal history records under Section 11-10 411.083, Government Code, in the manner and under the restrictions 11-11 imposed by that section. 11-12 Sec. 59.107. UNIFORM INCIDENT FINGERPRINT CARD. The 11-13 department may provide for the use of a uniform incident 11-14 fingerprint card in the maintenance of the juvenile justice 11-15 information system. 11-16 Sec. 59.108. LOCAL DATA ADVISORY BOARD. Subject to the 11-17 direction of the department, a local data advisory board created 11-18 under Article 60.09, Code of Criminal Procedure, may exercise the 11-19 functions that it performs for adult criminal history information 11-20 systems for the benefit of the operation and maintenance of 11-21 juvenile justice information systems in the county in which it is 11-22 located. 11-23 Sec. 59.109. RULES. The department may adopt rules to 11-24 implement this subchapter. 11-25 SECTION 2. Sections 51.14, 51.15, and 51.16, Family Code, 11-26 are repealed. 11-27 SECTION 3. (a) This Act takes effect as provided by this 12-1 section. 12-2 (b) The juvenile justice information system required by 12-3 Chapter 59, Family Code, as added by this Act, must be in operation 12-4 by a date not earlier than September 1, 1995, and not later than 12-5 January 1, 1996, as determined by the Texas Department of Public 12-6 Safety, Texas Youth Commission, and Texas Juvenile Probation 12-7 Commission. 12-8 (c) The change in law made by this Act takes effect on the 12-9 date that the juvenile justice information system is placed in 12-10 operation as provided by Subsection (b) of this section. 12-11 SECTION 4. The importance of this legislation and the 12-12 crowded condition of the calendars in both houses create an 12-13 emergency and an imperative public necessity that the 12-14 constitutional rule requiring bills to be read on three several 12-15 days in each house be suspended, and this rule is hereby suspended.