By Torres H.B. No. 1452
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the files and records of children who engage in certain
1-3 conduct.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subsections (a), (b), and (c), Section 51.14,
1-6 Family Code, are amended to read as follows:
1-7 (a) Except as provided by Subsection (e) of this section, or
1-8 by Article 15.27, Code of Criminal Procedure, all files and records
1-9 of a juvenile court, a clerk of court, or a prosecuting attorney
1-10 relating to a child who is a party to a proceeding under this title
1-11 are open to inspection only by:
1-12 (1) the judge, probation officers, and professional
1-13 staff or consultants of the juvenile court;
1-14 (2) an attorney for a party to the proceeding;
1-15 (3) a public or private agency or institution
1-16 providing supervision of the child by arrangement of the juvenile
1-17 court, or having custody of the child under juvenile court order;
1-18 <or>
1-19 (4) a law-enforcement agency; or
1-20 (5) with leave of juvenile court, any other person,
1-21 agency, or institution having a legitimate interest in the
1-22 proceeding or in the work of the court.
1-23 (b) All files and records of a public or private agency or
2-1 institution providing supervision of a child by arrangement of the
2-2 juvenile court or having custody of the child under order of the
2-3 juvenile court are open to inspection only by:
2-4 (1) the professional staff or consultants of the
2-5 agency or institution;
2-6 (2) the judge, probation officers, and professional
2-7 staff or consultants of the juvenile court;
2-8 (3) an attorney for the child;
2-9 (4) with leave of the juvenile court, any other
2-10 person, agency, or institution having a legitimate interest in the
2-11 work of the agency or institution; or
2-12 (5) a law-enforcement agency, the institutional
2-13 division of the Texas Department of Criminal Justice <Corrections>,
2-14 the Department of Public Safety of the State of Texas, and the
2-15 Texas Juvenile Probation Commission, for the purpose of maintaining
2-16 statistical records of recidivism, and for diagnosis and
2-17 classification.
2-18 (c) The <Except as provided by this subsection,>
2-19 law-enforcement files and records concerning a child taken into
2-20 custody for conduct constituting a Class B misdemeanor or a higher
2-21 offense shall be sent to the bureau of identification and records
2-22 of the Department of Public Safety of the State of Texas, <kept
2-23 separate from files and records of arrests of adults> and may
2-24 <shall> be maintained on a local basis, but may <only and> not be
2-25 sent to a <central state or> federal depository. <The
3-1 law-enforcement files and records of a person who is transferred
3-2 from the Texas Youth Commission to the Texas Department of
3-3 Corrections under a determinate sentence may be transferred to a
3-4 central state or federal depository for adult records on or after
3-5 the date of transfer.> If a child has been reported as missing by
3-6 a parent, guardian, or conservator of that child, has escaped from
3-7 the custody of a juvenile detention facility, the Texas Youth
3-8 Commission, or any other agency to which the child has been
3-9 committed, or is the subject of a bench warrant or felony arrest
3-10 warrant issued by a court after the child has fled the jurisdiction
3-11 of the court, any information or records concerning that child may
3-12 be transferred to and disseminated by the Texas Crime Information
3-13 Center and the National Crime Information Center.
3-14 SECTION 2. Section 51.15, Family Code, as amended by
3-15 Chapters 385, 515, and 576, Acts of the 70th Legislature, Regular
3-16 Session, 1987, is amended to read as follows:
3-17 Sec. 51.15. Fingerprints and Photographs. (a) No child may
3-18 be fingerprinted without the consent of the juvenile court except
3-19 as provided by this subsection or by Subsections (f) and (i) of
3-20 this section. A child's fingerprints may be taken and filed by a
3-21 law-enforcement officer investigating a case if<:>
3-22 <(1)> the child is taken into custody for conduct
3-23 constituting a Class B misdemeanor or a higher offense <15 years of
3-24 age or older and is referred to the juvenile court for any felony;
3-25 or>
4-1 <(2) the child is under 15 years of age and is
4-2 referred to the juvenile court for a felony listed in Section
4-3 53.045(a) of this code>.
4-4 (b) Except as provided in Subsections (h) and (i) of this
4-5 section, no child taken into custody may be photographed without
4-6 the consent of the juvenile court unless<:>
4-7 <(1)> the child is taken into custody for conduct
4-8 constituting a Class B misdemeanor or a higher offense <15 years of
4-9 age or older and is referred to the juvenile court for a felony; or>
4-10 <(2) the child is under 15 years of age and is
4-11 referred to the juvenile court for a felony listed in Section
4-12 53.045(a) of this code>.
4-13 (c) Except as provided by this subsection, fingerprint and
4-14 photograph files or records of children shall be treated in the
4-15 manner provided for law-enforcement files and records under
4-16 Subsection (d) of Section 51.14 of this code <kept separate from
4-17 those of adults, and fingerprints or photographs known to be those
4-18 of a child shall be maintained on a local basis only and not sent
4-19 to a central state or federal depository>. The <However,>
4-20 fingerprint and photograph files or records of a person who is
4-21 transferred from the Texas Youth Commission to the institutional
4-22 division of the Texas Department of Criminal Justice <Corrections>
4-23 under a determinate sentence may be transferred to adult records on
4-24 or after the date of transfer.
4-25 (d) If a child has been reported as missing by a parent,
5-1 guardian, or conservator of that child or a child has escaped from
5-2 the custody of a juvenile detention facility, the Texas Youth
5-3 Commission, or any other agency to which the child has been
5-4 committed, the child's fingerprints and photograph may be sent to
5-5 and indexed into the files of the Department of Public Safety of
5-6 the State of Texas and the Federal Bureau of Investigation to aid
5-7 in the location and identification of the child.
5-8 (e) <(d)> Fingerprint and photograph files or records of
5-9 children are subject to inspection as provided in Subsections (a)
5-10 and (d) of Section 51.14 of this code.
5-11 <(e) A child's fingerprints and photographs that are not
5-12 transferred under Subsection (c) of this section shall be removed
5-13 from files or records and destroyed if:>
5-14 <(1) a petition alleging that the child engaged in
5-15 delinquent conduct or conduct indicating a need for supervision is
5-16 not filed, or the proceedings are dismissed after a petition is
5-17 filed, or the child is found not to have engaged in the alleged
5-18 conduct;>
5-19 <(2) the person reaches 18 years of age, is not
5-20 subject to commitment to the Texas Youth Commission or to transfer
5-21 under a determinate sentence to the Texas Department of
5-22 Corrections, and there is no record that he committed a criminal
5-23 offense after reaching 17 years of age; or>
5-24 <(3) the person is older than 18 years, at least three
5-25 years have elapsed after the person's release from commitment, and
6-1 there is no evidence that he committed a criminal offense after the
6-2 release.>
6-3 (f) If latent fingerprints are found during the
6-4 investigation of conduct constituting a Class B misdemeanor or a
6-5 higher <an> offense, and a law-enforcement officer has reasonable
6-6 cause to believe that they are those of a particular child, the
6-7 law-enforcement officer <if otherwise authorized by law, he> may
6-8 fingerprint the child regardless of the age of the child <or
6-9 offense> for purpose of immediate comparison with the latent
6-10 fingerprints. If the comparison is negative, the fingerprint card
6-11 and other copies of the fingerprints taken shall be destroyed
6-12 immediately. If a child is taken into custody or detained as
6-13 permitted under this title, a law-enforcement officer shall
6-14 fingerprint the child, regardless of the age of the child, and the
6-15 fingerprint card shall be sent to the bureau of identification and
6-16 records of the Department of Public Safety of the State of Texas,
6-17 except that one copy of the fingerprints may be retained by the
6-18 local law-enforcement agency for law-enforcement purposes. A
6-19 law-enforcement agency that retains a copy of a child's
6-20 fingerprints under this subsection shall promptly notify the bureau
6-21 of identification and records in writing of the agency's intent to
6-22 retain a copy of the fingerprints. <If the comparison is positive,
6-23 and the child is referred to the juvenile court, the fingerprint
6-24 card and other copies of the fingerprints taken shall be delivered
6-25 to the court for disposition. If the child is not referred to the
7-1 court, the fingerprint card and other copies of the fingerprints
7-2 taken shall be destroyed immediately.>
7-3 (g) When destruction of fingerprints <or photographs> is
7-4 required by Subsection <(e),> (f)<, or (h)> of this section, the
7-5 agency with custody of the fingerprints <or photographs> shall
7-6 proceed with destruction without judicial order. However, if the
7-7 fingerprints <or photographs> are not destroyed, the juvenile
7-8 court, on its own motion or on application by the person
7-9 fingerprinted <or photographed>, shall order the destruction as
7-10 required by this section.
7-11 (h) If, during the investigation of conduct constituting a
7-12 Class B misdemeanor or a higher <criminal> offense, a <law
7-13 enforcement officer has reason to believe that a photograph of a>
7-14 child is taken into custody or detained as permitted under this
7-15 title <will assist in the identification of the offender and if not
7-16 otherwise prohibited by law>, the officer may photograph the <face
7-17 of the> child. The <If the child is not identified as an offender,
7-18 the> photograph and its negative may <shall> be sent to the bureau
7-19 of identification and records of the Department of Public Safety of
7-20 the State of Texas, except that one copy of the photograph of the
7-21 child may be retained by the local law-enforcement agency for
7-22 law-enforcement purposes <destroyed immediately>. If the <child is
7-23 identified through the photograph and the> child is referred to the
7-24 juvenile court for the offense investigated, the photograph and its
7-25 negative shall be sent <delivered> to the juvenile court, except
8-1 that one copy of the photograph of the child may be retained by the
8-2 local law-enforcement agency for law-enforcement purposes <for
8-3 disposition>. A law-enforcement agency that retains a copy of a
8-4 child's photograph under this subsection shall promptly notify the
8-5 bureau of identification and records in writing of the agency's
8-6 intent to retain the copy. <If the child is not referred to the
8-7 juvenile court for the offense investigated, the photograph and its
8-8 negative shall be destroyed immediately.>
8-9 (i) A law enforcement officer may fingerprint or photograph
8-10 a child taken into custody, or detained as permitted under this
8-11 title, for delinquent conduct if the officer is unable to identify
8-12 the child after making a reasonable effort to do so.
8-13 SECTION 3. Subsection (d), Section 51.16, Family Code, is
8-14 amended to read as follows:
8-15 (d) Copies of the sealing order shall be sent to the bureau
8-16 of identification and records of the Department of Public Safety of
8-17 the State of Texas and to each agency or official <therein> named
8-18 in the order.
8-19 SECTION 4. Chapter 54, Family Code, is amended by adding
8-20 Section 54.055 to read as follows:
8-21 Sec. 54.055. CLERK TO SUBMIT FINGERPRINTS AND PHOTOGRAPHS
8-22 AFTER DISPOSITION. Not later than the 60th day after the date an
8-23 order is entered in the disposition of a case under Section 54.04
8-24 or 54.05, the clerk of the court that issued the order shall
8-25 transmit to the bureau of identification and records of the
9-1 Department of Public Safety of the State of Texas:
9-2 (1) the name of the child;
9-3 (2) the original and all copies of fingerprints of the
9-4 child taken by a law-enforcement agency that the court obtained
9-5 under Section 51.15;
9-6 (3) photographs and negatives of a photograph of the
9-7 child taken by a law-enforcement agency that the court obtained
9-8 under Section 51.15; and
9-9 (4) a statement of the disposition of the case.
9-10 SECTION 5. Section 411.042, Government Code, is amended by
9-11 amending Subsection (b) and adding Subsections (h) and (i) to read
9-12 as follows:
9-13 (b) The bureau of identification and records shall:
9-14 (1) procure and file for record photographs, pictures,
9-15 descriptions, fingerprints, measurements, and other pertinent
9-16 information of all persons arrested for or charged with a criminal
9-17 offense or convicted of a criminal offense, regardless of whether
9-18 the conviction is probated;
9-19 (2) procure and file for record the fingerprints,
9-20 photographs, and other pertinent information regarding a child
9-21 received under Title 3, Family Code;
9-22 (3) collect information concerning the number and
9-23 nature of offenses reported or known to have been committed in the
9-24 state and the legal steps taken in connection with the offenses,
9-25 and other information useful in the study of crime and the
10-1 administration of justice, including a statistical breakdown of
10-2 those offenses in which family violence was involved;
10-3 (4) <(3)> make ballistic tests of bullets and firearms
10-4 and chemical analyses of bloodstains, cloth, materials, and other
10-5 substances for law enforcement officers of the state; and
10-6 (5) <(4)> cooperate with identification and crime
10-7 records bureaus in other states and the United States Department of
10-8 Justice.
10-9 (h) Information received by the bureau of identification and
10-10 records under Title 3, Family Code, is subject to the sealing
10-11 requirements of Section 51.16, Family Code. The bureau shall
10-12 include with any files and records sent to a juvenile court under
10-13 order under Section 51.16, Family Code, a copy of the notice
10-14 received by the bureau under Section 51.15, Family Code, of a law
10-15 enforcement agency's intent to maintain a copy of a fingerprint or
10-16 photograph.
10-17 (i) Information received by the bureau of identification and
10-18 records under Title 3, Family Code, is confidential information for
10-19 the use of the bureau and may not be disseminated by the bureau
10-20 except to a person or entity entitled to the information under
10-21 Section 51.14(a), Family Code.
10-22 SECTION 6. (a) The change in law made by this Act applies
10-23 only to conduct that occurs on or after the effective date of this
10-24 Act. Conduct violating a penal law of the state occurs on or after
10-25 the effective date of this Act if every element of the violation
11-1 occurs on or after that date.
11-2 (b) Conduct that occurs before the effective date of this
11-3 Act is covered by the law in effect at the time the conduct
11-4 occurred, and the former law is continued in effect for that
11-5 purpose.
11-6 SECTION 7. This Act takes effect September 1, 1995.
11-7 SECTION 8. The importance of this legislation and the
11-8 crowded condition of the calendars in both houses create an
11-9 emergency and an imperative public necessity that the
11-10 constitutional rule requiring bills to be read on three several
11-11 days in each house be suspended, and this rule is hereby suspended.