BILL ANALYSIS

S.B. 1769

By: Rodríguez

Corrections

Committee Report (Unamended)

BACKGROUND AND PURPOSE

Interested parties note that a majority of youth who come into contact with the juvenile justice system learn from their mistakes and go on to become productive, law-abiding citizens. The parties contend that county juvenile probation departments in Texas process tens of thousands of misdemeanor referrals each year for low-level adolescent behavior that does not lead to future crime. One of the main purposes of the juvenile justice system is to remove, where appropriate, the taint of criminality from children committing certain unlawful acts.

However, the parties express concern that despite existing safeguards, many juvenile records are still widely accessible, which creates serious burdens for youth who have their lives back on track. The parties note that most juvenile records in Texas are not on restricted access, so employers, landlords, and schools have easy access to this sensitive information. Even after a juvenile record is restricted, some information may continue to be accessible.  The parties contend that ending the practice of fingerprinting these youth is likely to be the most effective way to prevent criminal records from harming youth who have atoned for low-level offenses and have put their lives back on the right path. 

S.B. 1769 seeks to address these concerns by requiring a study to determine whether Texas can safely stop fingerprinting youth referred to the juvenile justice system for low-level offenses.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

S.B. 1769, in temporary provisions set to expire January 1, 2015, requires the Texas Juvenile Justice Board, not later than December 1, 2013, to appoint an advisory committee to develop a plan to end the practice of fingerprinting children referred to a juvenile probation department for delinquent conduct, other than felony conduct. The bill requires the plan to ensure that public safety and due process rights are protected. The bill sets out provisions relating to the appointment of the advisory committee and the designation of a presiding officer and provides that committee members serve without compensation and are not entitled to reimbursement for expenses. The bill requires the advisory committee, not later than December 1, 2014, to submit the plan to the board. The bill exempts the advisory committee from statutory provisions relating to state agency advisory committees. The bill abolishes the advisory committee January 1, 2015.

EFFECTIVE DATE

On passage, or, if the bill does not receive the necessary vote, September 1, 2013.