By: Gallegos S.B. No. 619
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the files and records of children who engage in certain
1-2 conduct.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Subsections (a), (b), and (c), Section 51.14,
1-5 Family Code, are amended to read as follows:
1-6 (a) Except as provided by Subsection (e) of this section, or
1-7 by Article 15.27, Code of Criminal Procedure, all files and records
1-8 of a juvenile court, a clerk of court, or a prosecuting attorney
1-9 relating to a child who is a party to a proceeding under this title
1-10 are open to inspection only by:
1-11 (1) the judge, probation officers, and professional
1-12 staff or consultants of the juvenile court;
1-13 (2) an attorney for a party to the proceeding;
1-14 (3) a public or private agency or institution
1-15 providing supervision of the child by arrangement of the juvenile
1-16 court, or having custody of the child under juvenile court order;
1-17 <or>
1-18 (4) a law-enforcement agency; or
1-19 (5) with leave of juvenile court, any other person,
1-20 agency, or institution having a legitimate interest in the
1-21 proceeding or in the work of the court.
1-22 (b) All files and records of a public or private agency or
1-23 institution providing supervision of a child by arrangement of the
2-1 juvenile court or having custody of the child under order of the
2-2 juvenile court are open to inspection only by:
2-3 (1) the professional staff or consultants of the
2-4 agency or institution;
2-5 (2) the judge, probation officers, and professional
2-6 staff or consultants of the juvenile court;
2-7 (3) an attorney for the child;
2-8 (4) with leave of the juvenile court, any other
2-9 person, agency, or institution having a legitimate interest in the
2-10 work of the agency or institution; or
2-11 (5) a law-enforcement agency, the institutional
2-12 division of the Texas Department of Criminal Justice <Corrections>,
2-13 the Department of Public Safety of the State of Texas, and the
2-14 Texas Juvenile Probation Commission, for the purpose of maintaining
2-15 statistical records of recidivism, and for diagnosis and
2-16 classification.
2-17 (c) The <Except as provided by this subsection,>
2-18 law-enforcement files and records concerning a child taken into
2-19 custody for conduct constituting a Class B misdemeanor or a higher
2-20 offense shall be sent to the bureau of identification and records
2-21 of the Department of Public Safety of the State of Texas, <kept
2-22 separate from files and records of arrests of adults> and may
2-23 <shall> be maintained on a local basis, but may <only and> not be
2-24 sent to a <central state or> federal depository. <The
2-25 law-enforcement files and records of a person who is transferred
3-1 from the Texas Youth Commission to the Texas Department of
3-2 Corrections under a determinate sentence may be transferred to a
3-3 central state or federal depository for adult records on or after
3-4 the date of transfer.> If a child has been reported as missing by
3-5 a parent, guardian, or conservator of that child, has escaped from
3-6 the custody of a juvenile detention facility, the Texas Youth
3-7 Commission, or any other agency to which the child has been
3-8 committed, or is the subject of a bench warrant or felony arrest
3-9 warrant issued by a court after the child has fled the jurisdiction
3-10 of the court, any information or records concerning that child may
3-11 be transferred to and disseminated by the Texas Crime Information
3-12 Center and the National Crime Information Center.
3-13 SECTION 2. Section 51.15, Family Code, as amended by
3-14 Chapters 385, 515, and 576, Acts of the 70th Legislature, Regular
3-15 Session, 1987, is amended to read as follows:
3-16 Sec. 51.15. Fingerprints and Photographs. (a) No child may
3-17 be fingerprinted without the consent of the juvenile court except
3-18 as provided by this subsection or by Subsections (f) and (i) of
3-19 this section. A child's fingerprints may be taken and filed by a
3-20 law-enforcement officer investigating a case if<:>
3-21 <(1)> the child is taken into custody for conduct
3-22 constituting a Class B misdemeanor or a higher offense <15 years of
3-23 age or older and is referred to the juvenile court for any felony;
3-24 or>
3-25 <(2) the child is under 15 years of age and is
4-1 referred to the juvenile court for a felony listed in Section
4-2 53.045(a) of this code>.
4-3 (b) Except as provided in Subsections (h) and (i) of this
4-4 section, no child taken into custody may be photographed without
4-5 the consent of the juvenile court unless<:>
4-6 <(1)> the child is taken into custody for conduct
4-7 constituting a Class B misdemeanor or a higher offense <15 years of
4-8 age or older and is referred to the juvenile court for a felony; or>
4-9 <(2) the child is under 15 years of age and is
4-10 referred to the juvenile court for a felony listed in Section
4-11 53.045(a) of this code>.
4-12 (c) Except as provided by this subsection, fingerprint and
4-13 photograph files or records of children shall be treated in the
4-14 manner provided for law-enforcement files and records under
4-15 Subsection (d) of Section 51.14 of this code <kept separate from
4-16 those of adults, and fingerprints or photographs known to be those
4-17 of a child shall be maintained on a local basis only and not sent
4-18 to a central state or federal depository>. The <However,>
4-19 fingerprint and photograph files or records of a person who is
4-20 transferred from the Texas Youth Commission to the institutional
4-21 division of the Texas Department of Criminal Justice <Corrections>
4-22 under a determinate sentence may be transferred to adult records on
4-23 or after the date of transfer.
4-24 (d) If a child has been reported as missing by a parent,
4-25 guardian, or conservator of that child or a child has escaped from
5-1 the custody of a juvenile detention facility, the Texas Youth
5-2 Commission, or any other agency to which the child has been
5-3 committed, the child's fingerprints and photograph may be sent to
5-4 and indexed into the files of the Department of Public Safety of
5-5 the State of Texas and the Federal Bureau of Investigation to aid
5-6 in the location and identification of the child.
5-7 (e) <(d)> Fingerprint and photograph files or records of
5-8 children are subject to inspection as provided in Subsections (a)
5-9 and (d) of Section 51.14 of this code.
5-10 <(e) A child's fingerprints and photographs that are not
5-11 transferred under Subsection (c) of this section shall be removed
5-12 from files or records and destroyed if:>
5-13 <(1) a petition alleging that the child engaged in
5-14 delinquent conduct or conduct indicating a need for supervision is
5-15 not filed, or the proceedings are dismissed after a petition is
5-16 filed, or the child is found not to have engaged in the alleged
5-17 conduct;>
5-18 <(2) the person reaches 18 years of age, is not
5-19 subject to commitment to the Texas Youth Commission or to transfer
5-20 under a determinate sentence to the Texas Department of
5-21 Corrections, and there is no record that he committed a criminal
5-22 offense after reaching 17 years of age; or>
5-23 <(3) the person is older than 18 years, at least three
5-24 years have elapsed after the person's release from commitment, and
5-25 there is no evidence that he committed a criminal offense after the
6-1 release.>
6-2 (f) If latent fingerprints are found during the
6-3 investigation of conduct constituting a Class B misdemeanor or a
6-4 higher <an> offense, and a law-enforcement officer has reasonable
6-5 cause to believe that they are those of a particular child, the
6-6 law-enforcement officer <if otherwise authorized by law, he> may
6-7 fingerprint the child regardless of the age of the child <or
6-8 offense> for purpose of immediate comparison with the latent
6-9 fingerprints. If the comparison is negative, the fingerprint card
6-10 and other copies of the fingerprints taken shall be destroyed
6-11 immediately. If a child is taken into custody or detained as
6-12 permitted under this title, a law-enforcement officer shall
6-13 fingerprint the child, regardless of the age of the child, and the
6-14 fingerprint card shall be sent to the bureau of identification and
6-15 records of the Department of Public Safety of the State of Texas,
6-16 except that one copy of the fingerprints may be retained by the
6-17 local law-enforcement agency for law-enforcement purposes. A
6-18 law-enforcement agency that retains a copy of a child's
6-19 fingerprints under this subsection shall promptly notify the bureau
6-20 of identification and records in writing of the agency's intent to
6-21 retain a copy of the fingerprints. <If the comparison is positive,
6-22 and the child is referred to the juvenile court, the fingerprint
6-23 card and other copies of the fingerprints taken shall be delivered
6-24 to the court for disposition. If the child is not referred to the
6-25 court, the fingerprint card and other copies of the fingerprints
7-1 taken shall be destroyed immediately.>
7-2 (g) When destruction of fingerprints <or photographs> is
7-3 required by Subsection <(e),> (f)<, or (h)> of this section, the
7-4 agency with custody of the fingerprints <or photographs> shall
7-5 proceed with destruction without judicial order. However, if the
7-6 fingerprints <or photographs> are not destroyed, the juvenile
7-7 court, on its own motion or on application by the person
7-8 fingerprinted <or photographed>, shall order the destruction as
7-9 required by this section.
7-10 (h) If, during the investigation of conduct constituting a
7-11 Class B misdemeanor or a higher <criminal> offense, a <law
7-12 enforcement officer has reason to believe that a photograph of a>
7-13 child is taken into custody or detained as permitted under this
7-14 title <will assist in the identification of the offender and if not
7-15 otherwise prohibited by law>, the officer may photograph the <face
7-16 of the> child. The <If the child is not identified as an offender,
7-17 the> photograph and its negative may <shall> be sent to the bureau
7-18 of identification and records of the Department of Public Safety of
7-19 the State of Texas, except that one copy of the photograph of the
7-20 child may be retained by the local law-enforcement agency for
7-21 law-enforcement purposes <destroyed immediately>. If the <child is
7-22 identified through the photograph and the> child is referred to the
7-23 juvenile court for the offense investigated, the photograph and its
7-24 negative shall be sent <delivered> to the juvenile court, except
7-25 that one copy of the photograph of the child may be retained by the
8-1 local law-enforcement agency for law-enforcement purposes <for
8-2 disposition>. A law-enforcement agency that retains a copy of a
8-3 child's photograph under this subsection shall promptly notify the
8-4 bureau of identification and records in writing of the agency's
8-5 intent to retain the copy. <If the child is not referred to the
8-6 juvenile court for the offense investigated, the photograph and its
8-7 negative shall be destroyed immediately.>
8-8 (i) A law enforcement officer may fingerprint or photograph
8-9 a child taken into custody, or detained as permitted under this
8-10 title, for delinquent conduct if the officer is unable to identify
8-11 the child after making a reasonable effort to do so.
8-12 SECTION 3. Subsection (d), Section 51.16, Family Code, is
8-13 amended to read as follows:
8-14 (d) Copies of the sealing order shall be sent to the bureau
8-15 of identification and records of the Department of Public Safety of
8-16 the State of Texas and to each agency or official <therein> named
8-17 in the order.
8-18 SECTION 4. Chapter 54, Family Code, is amended by adding
8-19 Section 54.055 to read as follows:
8-20 Sec. 54.055. CLERK TO SUBMIT FINGERPRINTS AND PHOTOGRAPHS
8-21 AFTER DISPOSITION. Not later than the 60th day after the date an
8-22 order is entered in the disposition of a case under Section 54.04
8-23 or 54.05, the clerk of the court that issued the order shall
8-24 transmit to the bureau of identification and records of the
8-25 Department of Public Safety of the State of Texas:
9-1 (1) the name of the child;
9-2 (2) the original and all copies of fingerprints of the
9-3 child taken by a law-enforcement agency that the court obtained
9-4 under Section 51.15;
9-5 (3) photographs and negatives of a photograph of the
9-6 child taken by a law-enforcement agency that the court obtained
9-7 under Section 51.15; and
9-8 (4) a statement of the disposition of the case.
9-9 SECTION 5. Section 411.042, Government Code, is amended by
9-10 amending Subsection (b) and adding Subsections (h) and (i) to read
9-11 as follows:
9-12 (b) The bureau of identification and records shall:
9-13 (1) procure and file for record photographs, pictures,
9-14 descriptions, fingerprints, measurements, and other pertinent
9-15 information of all persons arrested for or charged with a criminal
9-16 offense or convicted of a criminal offense, regardless of whether
9-17 the conviction is probated;
9-18 (2) procure and file for record the fingerprints,
9-19 photographs, and other pertinent information regarding a child
9-20 received under Title 3, Family Code;
9-21 (3) collect information concerning the number and
9-22 nature of offenses reported or known to have been committed in the
9-23 state and the legal steps taken in connection with the offenses,
9-24 and other information useful in the study of crime and the
9-25 administration of justice, including a statistical breakdown of
10-1 those offenses in which family violence was involved;
10-2 (4) <(3)> make ballistic tests of bullets and firearms
10-3 and chemical analyses of bloodstains, cloth, materials, and other
10-4 substances for law enforcement officers of the state; and
10-5 (5) <(4)> cooperate with identification and crime
10-6 records bureaus in other states and the United States Department of
10-7 Justice.
10-8 (h) Information received by the bureau of identification and
10-9 records under Title 3, Family Code, is subject to the sealing
10-10 requirements of Section 51.16, Family Code. The bureau shall
10-11 include with any files and records sent to a juvenile court under
10-12 order under Section 51.16, Family Code, a copy of the notice
10-13 received by the bureau under Section 51.15, Family Code, of a law
10-14 enforcement agency's intent to maintain a copy of a fingerprint or
10-15 photograph.
10-16 (i) Information received by the bureau of identification and
10-17 records under Title 3, Family Code, is confidential information for
10-18 the use of the bureau and may not be disseminated by the bureau
10-19 except to a person or entity entitled to the information under
10-20 Section 51.14(a), Family Code.
10-21 SECTION 6. (a) The change in law made by this Act applies
10-22 only to conduct that occurs on or after the effective date of this
10-23 Act. Conduct violating a penal law of the state occurs on or after
10-24 the effective date of this Act if every element of the violation
10-25 occurs on or after that date.
11-1 (b) Conduct that occurs before the effective date of this
11-2 Act is covered by the law in effect at the time the conduct
11-3 occurred, and the former law is continued in effect for that
11-4 purpose.
11-5 SECTION 7. This Act takes effect September 1, 1995.
11-6 SECTION 8. The importance of this legislation and the
11-7 crowded condition of the calendars in both houses create an
11-8 emergency and an imperative public necessity that the
11-9 constitutional rule requiring bills to be read on three several
11-10 days in each house be suspended, and this rule is hereby suspended.