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A BILL TO BE ENTITLED
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AN ACT
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relating to confidentiality of Class C misdemeanor records related |
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to the conviction of a child. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Amend Chapter 44, Code of Criminal Procedure, by |
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adding Article 44.2811 as follows: |
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Art. 44.2811. RECORDS RELATING TO CHILDREN CONVICTED OF |
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FINE-ONLY MISDEMEANORS. All records and files and information |
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stored by electronic means or otherwise, from which a record or file |
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could be generated, relating to a child who is convicted of and has |
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satisfied the judgment for a fine-only misdemeanor offense other |
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than a traffic offense are confidential and may not be disclosed to |
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the public except as provided under Article 45.0217(b). All |
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records and files and information stored by electronic means or |
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otherwise, from which a record or file could be generated, relating |
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to a child whose conviction for a fine-only misdemeanor other than a |
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traffic offense is affirmed are confidential upon satisfaction of |
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the judgment and may not be disclosed to the public except as |
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provided under Article 45.0217(b). |
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SECTION 2. Amend Chapter 45, Code of Criminal Procedure, by |
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adding Article 45.0217 as follows: |
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Art. 45.0217. CONFIDENTIAL RECORDS RELATED TO THE |
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CONVICTION OF A CHILD. (a) Except as provided by Article 15.27, |
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Code of Criminal Procedure, and Subsection (b) of this section, all |
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records and files, including those held by law enforcement, and |
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information stored by electronic means or otherwise, from which a |
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record file could be generated, relating to a child who is convicted |
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of and has satisfied the judgment for a fine-only misdemeanor |
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offense other than a traffic offense are confidential and may not be |
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disclosed to the public. |
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(b) Information subject to Subsection (a) may be open to |
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inspection only by: |
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(1) judges or court staff; |
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(2) a criminal justice agency for a criminal justice |
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purpose, as those terms are defined by Section 411.082, Government |
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Code; |
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(3) the Department of Public Safety; |
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(4) an attorney for a party to the proceeding; |
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(5) the child defendant; or |
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(6) the defendant's parent, guardian, or managing |
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conservator. |
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SECTION 3. Repeal subsections (f-1) and (j) Government Code |
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Sec. 411.081. |
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SECTION 4. Amend Government Code Sec. 411.0851 as follows: |
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411.0851. DUTY OF PRIVATE ENTITY TO UPDATE CRIMINAL HISTORY RECORD |
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INFORMATION; CIVIL LIABILITY. (a) A private entity that compiles |
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and disseminates for compensation criminal history record |
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information shall destroy and may not disseminate any information |
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in the possession of the entity with respect to which the entity has |
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received notice that: |
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(1) an order of expunction has been issued under |
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Article 55.02, Code of Criminal Procedure; or |
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(2) an order of nondisclosure has been issued under |
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Section 411.081(d) or (f-1). |
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SECTION 5. Amend Government Code Sec. 552.142 as follows: |
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Sec. 552.142. EXCEPTION: RECORDS OF CERTAIN DEFERRED |
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ADJUDICATIONS AND CERTAIN MISDEMEANORS PUNISHABLE BY FINE ONLY. |
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(a) Information is excepted from the requirements of Section |
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552.021 if an order of nondisclosure with respect to the |
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information has been issued under Section 411.081(d) or (f-1). |
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SECTION 6. Amend Government Code Sec. 552.1425 as follows: |
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Sec. 552.1425. CIVIL PENALTY: DISSEMINATION OF CERTAIN |
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CRIMINAL HISTORY INFORMATION. (a) A private entity that compiles |
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and disseminates for compensation criminal history record |
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information may not compile or disseminate information with respect |
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to which the entity has received notice that: |
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(1) an order of expunction has been issued under |
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Article 55.02, Code of Criminal Procedure; or |
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(2) an order of nondisclosure has been issued under |
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Section 411.081(d) or (f-1). |
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SECTION 7. Amend Chapter 58, Family Code, by adding Section |
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58.00711 as follows: |
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Sec. 58.00711. RECORDS RELATING TO CHILDREN CONVICTED OF |
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FINE-ONLY MISDEMEANORS. Except as provided by Article 45.0217(b), |
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Code of Criminal Procedure, all records and files and information |
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stored by electronic means or otherwise, from which a record or file |
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could be generated, relating to a child who is convicted of and has |
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satisfied the judgment for a fine-only misdemeanor offense other |
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than a traffic offense are confidential and may not be disclosed to |
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the public. |
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SECTION 8. The changes in law made by this Act apply to |
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convictions before, on, or after the effective date of this Act. |
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SECTION 9. This Act takes effect September 1, 2011. |