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INTRODUCED
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HOUSE COMMITTEE
SUBSTITUTE
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SECTION 1. Chapter 17, Code
of Criminal Procedure, is amended by adding Article 17.154 to read as
follows:
Art. 17.154. DENIAL OF
BAIL FOR VIOLENCE AT A JUVENILE STATE CORRECTIONAL FACILITY. (a) This
article applies to a defendant who has been adjudicated under Title 3,
Family Code, and committed to the custody of the Texas Juvenile Justice
Department.
(b) Bail may be denied
for the following offenses, if the offense is a felony and is committed by
a person 17 years of age or older while the person is confined in a
facility operated by or under contract with the Texas Juvenile Justice
Department:
(1) an offense alleged
under Chapter 22, Penal Code; or
(2) any offense in which
the victim of the alleged offense is a public servant, as defined by
Section 1.07, Penal Code.
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No
equivalent provision.
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SECTION 2. Section 411.1141,
Government Code, is amended to read as follows:
Sec. 411.1141. ACCESS TO
CRIMINAL HISTORY RECORD INFORMATION: TEXAS JUVENILE JUSTICE DEPARTMENT
[YOUTH COMMISSION]. (a) The Texas Juvenile Justice Department is
entitled to obtain from the department criminal history record information
maintained by the department that relates to:
(1) a person
described by Section 242.010(b), Human Resources Code;
(2) an applicant for a
certification from the department; or
(3) a holder of a
certification from the department.
(b) Criminal history record
information obtained by the Texas Juvenile Justice Department [Youth
Commission] under Subsection (a) may not be released to any person
except:
(1) on court order;
(2) with the consent of the
entity or person who is the subject of the criminal history record
information;
(3) for purposes of an
administrative hearing held, or an investigation conducted, by the Texas Juvenile
Justice Department [Youth Commission] concerning the person who
is the subject of the criminal history record information; [or]
(4) a juvenile board by
which a certification applicant or holder is employed; or
(5) as provided by
Subsection (c) or (f).
(c) The Texas Juvenile
Justice Department [Youth Commission] is not prohibited from
releasing criminal history record information obtained under Subsection (a)
to:
(1) the person who is the
subject of the criminal history record information; or
(2) a business entity or
person described by Subsection (a)(1) [(a)(4) or (a)(5)] who
uses or intends to use the services of the volunteer or intern or employs
or is considering employing the person who is the subject of the criminal
history record information.
(d) The Texas Juvenile
Justice Department [Youth Commission] may charge an entity or a
person who requests criminal history record information under Subsection (c)(2)
[(a)(4) or (a)(5)] a fee in an amount necessary to cover the costs
of obtaining the information on the person's or entity's behalf.
(e) After a person is
certified by the Texas Juvenile Justice Department, the Texas Juvenile
Justice Department shall destroy the criminal history record information
that relates to a person described by Subsection (a)(2).
(f) The Texas Juvenile
Justice Department is not prohibited from disclosing criminal history
record information obtained under Subsection (a) in a criminal proceeding
or in a hearing conducted by the Texas Juvenile Justice Department.
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SECTION 1. Section 411.1141,
Government Code, is amended to read as follows:
Sec. 411.1141. ACCESS TO
CRIMINAL HISTORY RECORD INFORMATION: TEXAS JUVENILE JUSTICE DEPARTMENT
[YOUTH COMMISSION]. (a) The Texas Juvenile Justice Department is
entitled to obtain from the department criminal history record information
maintained by the department that relates to:
(1) a person
described by Section 242.010(b), Human Resources Code;
(2) an applicant for a
certification from the Texas Juvenile Justice
Department;
(3) a holder of a
certification from the Texas Juvenile Justice
Department;
(4) a child committed to the custody of the Texas Juvenile Justice
Department by a juvenile court;
(5) a person requesting visitation access to a facility of the Texas
Juvenile Justice Department; or
(6) any person, as necessary to conduct an evaluation of the home
under Section 245.051(a), Human Resources Code.
(b) Criminal history record
information obtained by the Texas Juvenile Justice Department [Youth
Commission] under Subsection (a) may not be released to any person
except:
(1) on court order;
(2) with the consent of the
entity or person who is the subject of the criminal history record
information;
(3) for purposes of an
administrative hearing held, or an investigation conducted, by the Texas Juvenile
Justice Department [Youth Commission] concerning the person who
is the subject of the criminal history record information; [or]
(4) a juvenile board by
which a certification applicant or holder is employed; or
(5) as provided by
Subsection (c) or (f).
(c) The Texas Juvenile
Justice Department [Youth Commission] is not prohibited from
releasing criminal history record information obtained under Subsection (a)
to:
(1) the person who is the
subject of the criminal history record information; or
(2) a business entity or
person described by Subsection (a)(1) [(a)(4) or (a)(5)] who
uses or intends to use the services of the volunteer or intern or employs
or is considering employing the person who is the subject of the criminal
history record information.
(d) The Texas Juvenile
Justice Department [Youth Commission] may charge an entity or a
person who requests criminal history record information under Subsection (c)(2)
[(a)(4) or (a)(5)] a fee in an amount necessary to cover the costs
of obtaining the information on the person's or entity's behalf.
(e) After a person is
certified by the Texas Juvenile Justice Department, the Texas Juvenile
Justice Department shall destroy the criminal history record information
that relates to a person described by Subsection (a)(2).
(f) The Texas Juvenile
Justice Department is not prohibited from disclosing criminal history
record information obtained under Subsection (a) in a criminal proceeding
or in a hearing conducted by the Texas Juvenile Justice Department.
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SECTION 3. Section
552.117(a), Government Code, is amended to read as follows:
(a) Information is excepted
from the requirements of Section 552.021 if it is information that relates
to the home address, home telephone number, emergency contact information,
or social security number of the following person or that reveals whether
the person has family members:
(1) a current or former
official or employee of a governmental body, except as otherwise provided
by Section 552.024;
(2) a peace officer as
defined by Article 2.12, Code of Criminal Procedure, or a security officer
commissioned under Section 51.212, Education Code, regardless of whether
the officer complies with Section 552.024 or 552.1175, as applicable;
(3) a current or former
employee of the Texas Department of Criminal Justice or of the predecessor
in function of the department or any division of the department, regardless
of whether the current or former employee complies with Section 552.1175;
(4) a peace officer as
defined by Article 2.12, Code of Criminal Procedure, or other law, a
reserve law enforcement officer, a commissioned deputy game warden, or a
corrections officer in a municipal, county, or state penal institution in
this state who was killed in the line of duty, regardless of whether the
deceased complied with Section 552.024 or 552.1175;
(5) a commissioned security
officer as defined by Section 1702.002, Occupations Code, regardless of
whether the officer complies with Section 552.024 or 552.1175, as
applicable;
(6) an officer or employee
of a community supervision and corrections department established under
Chapter 76 who performs a duty described by Section 76.004(b), regardless
of whether the officer or employee complies with Section 552.024 or
552.1175; [or]
(7) a current or former
employee of the office of the attorney general who is or was assigned to a
division of that office the duties of which involve law enforcement,
regardless of whether the current or former employee complies with Section
552.024 or 552.1175;
(8) a current or former
employee of the Texas Juvenile Justice Department or of the predecessors in
function of the department, regardless of whether the current or former
employee complies with Section 552.1175;
(9) a juvenile probation
or supervision officer certified by the Texas Juvenile Justice Department,
or the predecessors in function of the department, under Title 12, Human
Resources Code; or
(10) employees of a juvenile justice department or a juvenile justice program or facility, as those
terms are defined by Section 261.405, Family Code.
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SECTION 2. Section
552.117(a), Government Code, is amended to read as follows:
(a) Information is excepted
from the requirements of Section 552.021 if it is information that relates
to the home address, home telephone number, emergency contact information,
or social security number of the following person or that reveals whether
the person has family members:
(1) a current or former
official or employee of a governmental body, except as otherwise provided
by Section 552.024;
(2) a peace officer as
defined by Article 2.12, Code of Criminal Procedure, or a security officer
commissioned under Section 51.212, Education Code, regardless of whether
the officer complies with Section 552.024 or 552.1175, as applicable;
(3) a current or former
employee of the Texas Department of Criminal Justice or of the predecessor
in function of the department or any division of the department, regardless
of whether the current or former employee complies with Section 552.1175;
(4) a peace officer as
defined by Article 2.12, Code of Criminal Procedure, or other law, a
reserve law enforcement officer, a commissioned deputy game warden, or a
corrections officer in a municipal, county, or state penal institution in
this state who was killed in the line of duty, regardless of whether the
deceased complied with Section 552.024 or 552.1175;
(5) a commissioned security
officer as defined by Section 1702.002, Occupations Code, regardless of
whether the officer complies with Section 552.024 or 552.1175, as
applicable;
(6) an officer or employee
of a community supervision and corrections department established under
Chapter 76 who performs a duty described by Section 76.004(b), regardless
of whether the officer or employee complies with Section 552.024 or
552.1175; [or]
(7) a current or former
employee of the office of the attorney general who is or was assigned to a
division of that office the duties of which involve law enforcement, regardless
of whether the current or former employee complies with Section 552.024 or
552.1175;
(8) a current or former
employee of the Texas Juvenile Justice Department or of the predecessors in
function of the department, regardless of whether the current or former
employee complies with Section 552.1175;
(9) a juvenile probation
or supervision officer certified by the Texas Juvenile Justice Department,
or the predecessors in function of the department, under Title 12, Human
Resources Code; or
(10) employees of a
juvenile justice program or facility, as those terms are defined by Section
261.405, Family Code.
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SECTION 4. The heading to
Section 552.1175, Government Code, is amended.
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SECTION 3. Same as introduced
version.
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SECTION 5. Section 552.1175(a),
Government Code, is amended to read as follows:
(a) This section applies
only to:
(1) peace officers as
defined by Article 2.12, Code of Criminal Procedure;
(2) county jailers as
defined by Section 1701.001, Occupations Code;
(3) current or former
employees of the Texas Department of Criminal Justice or of the predecessor
in function of the department or any division of the department;
(4) commissioned security
officers as defined by Section 1702.002, Occupations Code;
(5) employees of a district
attorney, criminal district attorney, or county or municipal attorney whose
jurisdiction includes any criminal law or child protective services
matters;
(6) officers and employees
of a community supervision and corrections department established under Chapter
76 who perform a duty described by Section 76.004(b);
(7) criminal investigators
of the United States as described by Article 2.122(a), Code of Criminal
Procedure;
(8) police officers and
inspectors of the United States Federal Protective Service; [and]
(9) current and former
employees of the office of the attorney general who are or were assigned to
a division of that office the duties of which involve law enforcement;
(10) juvenile probation
and supervision officers certified by the Texas Juvenile Justice
Department, or the predecessors in function of the department, under Title
12, Human Resources Code;
(11) employees of a juvenile justice department or a juvenile justice program or facility, as those
terms are defined by Section 261.405, Family Code; and
(12) current or former
employees of the Texas Juvenile Justice Department or the predecessors in
function of the department.
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SECTION 4. Section
552.1175(a), Government Code, is amended to read as follows:
(a) This section applies
only to:
(1) peace officers as
defined by Article 2.12, Code of Criminal Procedure;
(2) county jailers as
defined by Section 1701.001, Occupations Code;
(3) current or former
employees of the Texas Department of Criminal Justice or of the predecessor
in function of the department or any division of the department;
(4) commissioned security
officers as defined by Section 1702.002, Occupations Code;
(5) employees of a district
attorney, criminal district attorney, or county or municipal attorney whose
jurisdiction includes any criminal law or child protective services
matters;
(6) officers and employees
of a community supervision and corrections department established under
Chapter 76 who perform a duty described by Section 76.004(b);
(7) criminal investigators
of the United States as described by Article 2.122(a), Code of Criminal
Procedure;
(8) police officers and
inspectors of the United States Federal Protective Service; [and]
(9) current and former
employees of the office of the attorney general who are or were assigned to
a division of that office the duties of which involve law enforcement;
(10) juvenile probation
and supervision officers certified by the Texas Juvenile Justice
Department, or the predecessors in function of the department, under Title
12, Human Resources Code;
(11) employees of a
juvenile justice program or facility, as those terms are defined by Section
261.405, Family Code; and
(12) current or former
employees of the Texas Juvenile Justice Department or the predecessors in
function of the department.
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SECTION 6. Section 203.001,
Human Resources Code, is amended.
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SECTION 5. Same as introduced
version.
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SECTION 7. Section
203.0081(a), Human Resources Code, is amended.
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SECTION 6. Same as introduced
version.
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SECTION 8. Section 222.002,
Human Resources Code, is amended.
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SECTION 7. Same as introduced
version.
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SECTION 9. Section
222.003(b), Human Resources Code, is amended.
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SECTION 8. Same as introduced
version.
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SECTION 10. The heading to
Section 222.004, Human Resources Code, is amended.
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SECTION 9. Same as introduced
version.
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SECTION 11. Section
222.004(a), Human Resources Code, is amended.
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SECTION 10. Same as
introduced version.
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SECTION 12. Section
222.005(a), Human Resources Code, is amended.
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SECTION 11. Same as introduced
version.
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SECTION 13. Sections
242.002(b) and (d), Human Resources Code, are amended.
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SECTION 12. Same as
introduced version.
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SECTION 14. Sections
242.010(b), (c), and (d), Human Resources Code, are amended to read as
follows:
(b) The department [executive
director] shall review the national criminal history record
information, state criminal history record information maintained by the
Department of Public Safety, and previous and current employment references
of each person who:
(1) is an employee, [contractor,]
volunteer, ombudsman, or advocate working for the department or working in
a department facility or a facility under contract with the department;
(2) is a contractor or an
employee or subcontractor of a contractor who has direct access to children
in department facilities;
(3) provides direct
delivery of services to children in the custody of the department; or
(4) [(3)] has
access to records in department facilities or offices.
(c) To enable the department
[executive director] to conduct the review, the board shall adopt
rules requiring a person described by Subsection (b) to electronically
provide the Department of Public Safety with a complete set of the person's
fingerprints in a form and of a quality acceptable to the Department of
Public Safety and the Federal Bureau of Investigation.
(d) For each person described
by Subsection (b), the department [executive director] shall
review on an annual basis the person's national criminal history record
information.
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SECTION 13. Section 242.010,
Human Resources Code, is amended by amending Subsections (b), (c), and (d)
and adding Subsection (b-1) to read as follows:
(b) The department [executive
director] shall review the national criminal history record
information, state criminal history record information maintained by the
Department of Public Safety, and previous and current employment references
of each person who:
(1) is an employee, [contractor,]
volunteer, ombudsman, or advocate working for the department or working in
a department facility or a facility under contract with the department;
(2) is a contractor or an
employee or subcontractor of a contractor who has direct access to children
in department facilities;
(3) provides direct
delivery of services to children in the custody of the department; or
(4) [(3)] has
access to records in department facilities or offices.
(b-1) The department may review criminal history record information
of:
(1) a person requesting visitation access to a department facility;
or
(2) any person, as necessary to conduct an evaluation of the home
under Section 245.051(a).
(c) To enable the department
[executive director] to conduct the review, the board shall adopt
rules requiring a person described by Subsection (b) to electronically
provide the Department of Public Safety with a complete set of the person's
fingerprints in a form and of a quality acceptable to the Department of
Public Safety and the Federal Bureau of Investigation.
(d) For each person described
by Subsection (b), the department [executive director] shall
review on an annual basis the person's national criminal history record
information.
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SECTION 15. Section
245.0535(i), Human Resources Code, is amended.
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SECTION 14. Substantially
the same as introduced version.
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SECTION 16. Section 411.137,
Government Code, is repealed.
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SECTION 15. Same as
introduced version.
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SECTION 17. Article 17.154,
Code of Criminal Procedure, as added by this Act, applies only to an
offense committed on or after the effective date of this Act. An offense
committed before the effective date of this Act is governed by the law in
effect on the date the offense was committed, and the former law is
continued in effect for that purpose. For purposes of this section, an
offense was committed before the effective date of this Act if any element
of the offense occurred before that date.
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No
equivalent provision.
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SECTION 18. This Act takes
effect September 1, 2013.
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SECTION 16. Same as
introduced version.
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