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.