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A BILL TO BE ENTITLED
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AN ACT
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relating to sealing court records containing medical information |
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for children who are victims of certain offenses. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Title 1, Code of Criminal Procedure, is amended |
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by adding Chapter 57C to read as follows: |
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CHAPTER 57C. SEALING OF COURT RECORDS CONTAINING MEDICAL |
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INFORMATION FOR CERTAIN CHILD VICTIMS |
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Art. 57C.01. DEFINITIONS. In this chapter: |
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(1) "Child" means a person who is younger than 18 years |
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of age. |
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(2) "Medical records" means any information used or |
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generated by health care providers, including records relating to |
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emergency room treatment, rehabilitation therapy, or counseling. |
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Art. 57C.02. SEALING OF RECORDS. (a) Except as provided by |
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Subsection (c), on a motion filed by a person described by |
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Subsection (b), the court shall seal the medical records of a child |
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who is a victim of an offense described by Section 1, Article |
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38.071. |
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(b) A motion under this article may be filed on the court's |
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own motion or by: |
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(1) the attorney representing the state; |
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(2) the defendant; or |
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(3) the parent or guardian of the victim or, if the |
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victim is no longer a child, the victim. |
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(c) The court is not required to seal the records described |
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by this article on a finding of good cause after a hearing held |
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under Subsection (d). |
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(d) The court shall grant the motion without a hearing |
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unless the motion is contested not later than the seventh day after |
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the date the motion is filed. |
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(e) Medical records sealed under this chapter are not open |
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for inspection by any person except: |
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(1) on further order of the court after: |
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(A) notice to a parent or guardian of the victim |
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whose information is sealed or, if the victim is no longer a child, |
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notice to the victim; and |
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(B) a finding of good cause; |
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(2) in connection with a criminal or civil proceeding |
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as otherwise provided by law; or |
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(3) on request of a parent or legal guardian of the |
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victim whose information is being sealed or, if the victim is no |
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longer a child, on request of the victim. |
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(f) A clerk of court is not liable for any failure to seal |
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medical records after a motion under this chapter is granted, |
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except on a showing of bad faith. |
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SECTION 2. The change in law made by this Act applies only |
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to a motion to seal medical records that is made on or after the |
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effective date of this Act. A motion to seal medical records that |
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is made before the effective date of this Act is governed by the law |
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in effect immediately before the effective date of this Act, and the |
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former law is continued in effect for that purpose. |
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SECTION 3. This Act take effect immediately if it receives a |
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vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2009. |