By Flores H.B. No. 1909
76R3678 JMC-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the disclosure and inspection of certain information
1-3 concerning a criminal defendant's prior juvenile adjudication.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 58.005(a), Family Code, is amended to
1-6 read as follows:
1-7 (a) Information obtained for the purpose of diagnosis,
1-8 examination, evaluation, or treatment or for making a referral for
1-9 treatment of a child by a public or private agency or institution
1-10 providing supervision of a child by arrangement of the juvenile
1-11 court or having custody of the child under order of the juvenile
1-12 court may be disclosed only to:
1-13 (1) the professional staff or consultants of the
1-14 agency or institution;
1-15 (2) the judge, probation officers, and professional
1-16 staff or consultants of the juvenile court;
1-17 (3) an attorney for the child;
1-18 (4) a governmental agency if the disclosure is
1-19 required or authorized by law;
1-20 (5) a person or entity to whom the child is referred
1-21 for treatment or services if the agency or institution disclosing
1-22 the information has entered into a written confidentiality
1-23 agreement with the person or entity regarding the protection of the
1-24 disclosed information;
2-1 (6) the Texas Department of Criminal Justice and the
2-2 Texas Juvenile Probation Commission for the purpose of maintaining
2-3 statistical records of recidivism and for diagnosis and
2-4 classification; [or]
2-5 (7) a prosecuting attorney if the information relates
2-6 to an adjudication the record of which the prosecuting attorney
2-7 obtained under Section 58.007(g) of this code or Section 61.095,
2-8 Human Resources Code; or
2-9 (8) with leave of the juvenile court, any other
2-10 person, agency, or institution having a legitimate interest in the
2-11 proceeding or in the work of the court.
2-12 SECTION 2. Section 58.007(b), Family Code, is amended to
2-13 read as follows:
2-14 (b) Except as provided by Article 15.27, Code of Criminal
2-15 Procedure, the records and files of a juvenile court, a clerk of
2-16 court, a juvenile probation department, or a prosecuting attorney
2-17 relating to a child who is a party to a proceeding under this title
2-18 are open to inspection only by:
2-19 (1) the judge, probation officers, and professional
2-20 staff or consultants of the juvenile court;
2-21 (2) a juvenile justice agency as that term is defined
2-22 by Section 58.101;
2-23 (3) an attorney for a party to the proceeding;
2-24 (4) a public or private agency or institution
2-25 providing supervision of the child by arrangement of the juvenile
2-26 court, or having custody of the child under juvenile court order;
2-27 [or]
3-1 (5) a prosecuting attorney if the record or file
3-2 relates to an adjudication the record of which the prosecuting
3-3 attorney obtained under Subsection (g) of this section or Section
3-4 61.095, Human Resources Code; or
3-5 (6) with leave of the juvenile court, any other
3-6 person, agency, or institution having a legitimate interest in the
3-7 proceeding or in the work of the court.
3-8 SECTION 3. This Act takes effect September 1, 1999, and
3-9 applies to the disclosure or inspection of information on or after
3-10 that date without regard to whether the information was compiled
3-11 before, on, or after that date.
3-12 SECTION 4. The importance of this legislation and the
3-13 crowded condition of the calendars in both houses create an
3-14 emergency and an imperative public necessity that the
3-15 constitutional rule requiring bills to be read on three several
3-16 days in each house be suspended, and this rule is hereby suspended.