Amend HB 1118 as follows:
SUBCHAPTER D. LOCAL JUVENILE JUSTICE INFORMATION SYSTEM
Sec. 58.301. DEFINITIONS. In this subchapter:
(1) "County juvenile board" means a juvenile board
created under Chapter 152, Human Resources Code.
(2) "Governmental placement facility" means a juvenile
residential placement facility operated by a unit of government.
(3) "Governmental service provider" means a juvenile
justice service provider operated by a unit of government.
(4) "Local juvenile justice information system" means
a county or multi-county computerized database of information
concerning children, with data entry and access by the partner
agencies that are members of the system.
(5) "Partner agency" means a governmental service
provider or governmental placement facility that is required by
this subchapter to be a member of a local juvenile justice
information system or that has applied to be a member of a local
juvenile justice information system and has been approved by the
county juvenile board or regional juvenile board committee as a
member of the system.
(6) "Regional juvenile board committee" means a
committee that is composed of two members from each county juvenile
board in a region that comprises a multi-county local juvenile
information system.
Sec. 58.302. PURPOSES OF SYSTEM. The purposes of a local
juvenile justice information system are to:
(1) provide accurate information at the county or
regional level relating to children who come into contact with the
juvenile justice system;
(2) assist in the development and delivery of services
to children in the juvenile justice system;
(3) assist in the development and delivery of services
to children:
(A) who school officials have reasonable cause
to believe have committed an offense for which a report is required
under Section 37.015, Education Code; or
(B) who have been expelled, the expulsion of
which school officials are required to report under Section 52.041;
(4) provide for an efficient transmission of juvenile
records from justice and municipal courts to county juvenile
probation departments and the juvenile court and from county
juvenile probation departments and juvenile court to the state
juvenile justice information system created by Subchapter B;
(5) provide efficient computerized case management
resources to juvenile courts, county juvenile probation
departments, and partner agencies authorized by this subchapter;
(6) provide a directory of services available to
children to the partner agencies to facilitate the delivery of
services to children;
(7) provide an efficient means for municipal and
justice courts to report filing of charges, adjudications, and
dispositions of juveniles to the juvenile court as required by
Section 51.08; and
(8) provide a method for agencies to fulfill their
duties under Section 58.108, including the electronic transmission
of information required to be sent to the Department of Public
Safety by Section 58.110(f).
Sec. 58.303. LOCAL JUVENILE JUSTICE INFORMATION SYSTEM. (a)
Juvenile justice agencies in a county or region of this state may
jointly create and maintain a local juvenile justice information
system to aid in processing the cases of children under this code,
to facilitate the delivery of services to children in the juvenile
justice system, and to aid in the early identification of at-risk
and delinquent children.
(b) A local juvenile justice information system must contain
the following components:
(1) case management resources for juvenile courts,
prosecuting attorneys, and county juvenile probation departments;
(2) reporting systems to fulfill statutory
requirements for reporting in the juvenile justice system;
(3) service provider directories and indexes of
agencies providing services to children; and
(4) victim-witness notices required under Chapter 57.
(c) A local juvenile justice information system may contain
the following components:
(1) electronic filing of complaints or petitions;
(2) electronic offense and intake processing;
(3) case docket management and calendaring;
(4) communications by email or other electronic
communications between partner agencies;
(5) reporting of charges filed, adjudications and
dispositions of juveniles by municipal and justice courts and the
juvenile court, and transfers of cases to the juvenile court as
authorized or required by Section 51.08;
(6) reporting to schools under Article 15.27, Code of
Criminal Procedure, by law enforcement agencies, prosecuting
attorneys, and juvenile courts;
(7) records of adjudications and dispositions,
including probation conditions ordered by the juvenile court; and
(8) warrant management and confirmation capabilities.
(d) Membership in a local juvenile justice information
system is determined by this subchapter. Membership in a regional
juvenile justice information system is determined by the regional
juvenile board committee from among partner agencies that have
applied for membership.
Sec. 58.304. TYPES OF INFORMATION CONTAINED IN A LOCAL
JUVENILE INFORMATION SYSTEM. (a) Subject to Subsection (d), a
local juvenile justice information system must consist of:
(1) information relating to all referrals to the
juvenile court of any type, including referrals for conduct
indicating a need for supervision and delinquent conduct; and
(2) information relating to:
(A) the juvenile;
(B) the intake or referral of the juvenile into
the juvenile justice system for any offense or conduct;
(C) the detention of the juvenile;
(D) the prosecution of the juvenile;
(E) the disposition of the juvenile's case,
including the name and description of any program to which the
juvenile is referred; and
(F) the probation, placement, or commitment of
the juvenile.
(b) To the extent possible and subject to Subsections (a)
and (d), the local juvenile justice information system may include
the following information for each juvenile taken into custody,
detained, or referred under this title:
(1) the juvenile's name, including other names by
which the juvenile is known;
(2) the juvenile's date and place of birth;
(3) the juvenile's physical description, including
sex, weight, height, race, ethnicity, eye color, hair color, scars,
marks, and tattoos;
(4) the juvenile's state identification number and
other identifying information;
(5) the juvenile's fingerprints and photograph;
(6) the juvenile's last known residential address,
including the census tract number designation for the address;
(7) the name, address, and phone number of the
juvenile's parent, guardian, or custodian;
(8) the name and identifying number of the agency that
took into custody or detained the juvenile;
(9) each date of custody or detention;
(10) a detailed description of the conduct for which
the juvenile was taken into custody, detained, or referred,
including the level and degree of the alleged offense;
(11) the name and identifying number of the juvenile
intake agency or juvenile probation office;
(12) each disposition by the juvenile intake agency or
juvenile probation office;
(13) the date of disposition by the juvenile intake
agency or juvenile probation office;
(14) the name and identifying number of the
prosecutor's office;
(15) each disposition by the prosecutor;
(16) the date of disposition by the prosecutor;
(17) the name and identifying number of the court;
(18) each disposition by the court, including
information concerning custody of a juvenile by a juvenile justice
agency or county juvenile probation department;
(19) the date of disposition by the court;
(20) any commitment or release under supervision by
the Texas Youth Commission, including the date of the commitment or
release; and
(21) information concerning each appellate proceeding.
(c) If the Department of Public Safety assigns a state
identification number for the juvenile, the identification number
shall be entered in the local juvenile information system.
(d) Information obtained for the purpose of diagnosis,
examination, evaluation, or treatment or for making a referral for
treatment of a child by a public or private agency or institution
providing supervision of a child by arrangement of the juvenile
court or having custody of the child under order of the juvenile
court may not be collected under Subsection (a) or (b).
Sec. 58.305. PARTNER AGENCIES. (a) A local juvenile justice
information system for a single county shall include the following
partner agencies within that county:
(1) the juvenile court;
(2) justice of the peace and municipal courts;
(3) the county juvenile probation department;
(4) the prosecuting attorneys who prosecute juvenile
cases in juvenile court, municipal court, or justice court;
(5) law enforcement agencies;
(6) each public school district in the county;
(7) governmental service providers approved by the
county juvenile board; and
(8) governmental placement facilities approved by the
county juvenile board.
(b) A local juvenile justice information system for a
multi-county region shall include the partner agencies listed in
Subsections (a)(1)-(6) for each county in the region and the
following partner agencies from within the multi-county region that
have applied for membership in the system and have been approved by
the regional juvenile board committee:
(1) governmental service providers; and
(2) governmental placement facilities.
Sec. 58.306. ACCESS TO INFORMATION; LEVELS. (a) This
section describes the level of access to information to which each
partner agency in a local juvenile justice information system is
entitled.
(b) Information is at Access Level 1 if the information
relates to a child:
(1) who:
(A) school official has reasonable grounds to
believe has committed an offense for which a report is required
under Section 37.015, Education Code; or
(B) has been expelled, the expulsion of which is
required to be reported under Section 52.041; and
(2) who has not been charged with a fineable only
offense, a status offense, or delinquent conduct.
(c) Information is at Access Level 2 if the information
relates to a child who:
(1) is alleged in a justice or municipal court to have
committed a fineable only offense, municipal ordinance violation,
or status offense; and
(2) has not been charged with delinquent conduct or
conduct indicating a need for supervision.
(d) Information is at Access Level 3 if the information
relates to a child who is alleged to have engaged in delinquent
conduct or conduct indicating a need for supervision.
(e) Level 1 Access is by public school districts in the
county or region served by the local juvenile justice information
system.
(f) Level 2 Access is by:
(1) justice of the peace courts that process juvenile
cases; and
(2) municipal courts that process juvenile cases.
(g) Level 3 Access is by:
(1) the juvenile court;
(2) the prosecuting attorney;
(3) the county juvenile probation department;
(4) law enforcement agencies;
(5) governmental service providers that are partner
agencies; and
(6) governmental placement facilities that are partner
agencies.
(h) Access for Level 1 agencies is only to information at
Level 1. Access for Level 2 agencies is only to information at
Levels 1 and 2. Access for Level 3 agencies is to information at
Levels 1, 2, and 3.
Sec. 58.307. CONFIDENTIALITY OF INFORMATION. (a)
Information that is part of a local juvenile justice system is not
public information and may not be released to the public, except as
authorized by law.
(b) Information that is part of a local juvenile justice
information system is for the professional use of the partner
agencies that are members of the system and may be used only by
authorized employees of those agencies to discharge duties of those
agencies.
(c) Information from a local juvenile justice information
system may not be disclosed to persons, agencies, or organizations
that are not members of the system except to the extent disclosure
is authorized or mandated by this title.
(d) Information in a local juvenile justice information
system is subject to destruction, sealing, or restricted access as
provided by this title.
(e) Information in a local juvenile justice information
system shall be protected from unauthorized access by a system of
access security and any access to information in a local juvenile
information system performed by browser software shall be at the
level of at least 128-bit encryption. A juvenile board or a
regional juvenile board committee shall require all partner
agencies to maintain security and restrict access in accordance
with the requirements of this Title.