|
A BILL TO BE ENTITLED
|
|
AN ACT
|
|
relating to local juvenile justice information systems. |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
SECTION 1. Section 58.302, Family Code, is amended to read |
|
as follows: |
|
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, prosecutors, court clerks, 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). |
|
SECTION 2. Subsection (b), Section 58.303, Family Code, is |
|
amended to read as follows: |
|
(b) A local juvenile justice information system may contain |
|
the following components: |
|
(1) case management resources for juvenile courts, |
|
court clerks, 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; |
|
(4) victim-witness notices required under Chapter 57; |
|
(5) electronic filing of complaints or petitions, |
|
court orders, and other documents filed with the court, including |
|
documents containing electronic signatures; |
|
(6) electronic offense and intake processing; |
|
(7) case docket management and calendaring; |
|
(8) communications by email or other electronic |
|
communications between partner agencies; |
|
(9) 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; |
|
(10) reporting to schools under Article 15.27, Code of |
|
Criminal Procedure, by law enforcement agencies, prosecuting |
|
attorneys, and juvenile courts; |
|
(11) records of adjudications and dispositions, |
|
including probation conditions ordered by the juvenile court; and |
|
(12) warrant management and confirmation |
|
capabilities. |
|
SECTION 3. Subsection (b), Section 58.304, Family Code, is |
|
amended to read as follows: |
|
(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; and |
|
(22) electronic copies of all documents filed with the |
|
court. |
|
SECTION 4. Subsection (a), Section 58.305, Family Code, is |
|
amended to read as follows: |
|
(a) A local juvenile justice information system shall to the |
|
extent possible include the following partner agencies within that |
|
county: |
|
(1) the juvenile court and court clerk; |
|
(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. |
|
SECTION 5. Subsection (g), Section 58.306, Family Code, is |
|
amended to read as follows: |
|
(g) Level 3 Access is by: |
|
(1) the juvenile court and court clerk; |
|
(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. |
|
SECTION 6. Subsections (a) and (e), Section 58.307, Family |
|
Code, are amended to read as follows: |
|
(a) Information that is part of a local juvenile justice |
|
information system is not public information and may not be |
|
released to the public, except as authorized by law. |
|
(e) Information in a local juvenile justice information |
|
system, including electronic signature systems, shall be protected |
|
from unauthorized access by a system of access security and any |
|
access to information in a local juvenile justice 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. |
|
SECTION 7. This Act applies to information and documents |
|
relating to juvenile court cases without regard to whether the |
|
conduct that is the basis of the case occurred before, on, or after |
|
the effective date of this Act. |
|
SECTION 8. This Act takes effect September 1, 2007. |