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.