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AN ACT
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relating to the restriction of access to the records and files of a |
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child charged with or convicted of certain fine-only misdemeanor |
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offenses. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 44.2811, Code of Criminal Procedure, is |
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amended to read as follows: |
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Art. 44.2811. RECORDS RELATING TO CERTAIN [CHILDREN
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CONVICTED OF] FINE-ONLY MISDEMEANORS COMMITTED BY A CHILD. [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 who is convicted of and has satisfied the judgment for a
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fine-only misdemeanor offense other than a traffic offense are
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confidential and may not be disclosed to the public except as
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provided under Article 45.0217(b).] All records and files and |
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information stored by electronic means or otherwise, from which a |
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record or file could be generated, relating to a criminal case |
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[child whose conviction] for a fine-only misdemeanor, other than a |
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traffic offense, that is committed by a child and that is appealed |
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[affirmed] are confidential [upon satisfaction of the judgment] and |
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may not be disclosed to the public except as provided under Article |
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45.0217(b). |
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SECTION 2. The heading to Article 45.0217, Code of Criminal |
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Procedure, is amended to read as follows: |
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Art. 45.0217. CONFIDENTIAL RECORDS RELATED TO CHARGES |
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AGAINST OR THE CONVICTION OF A CHILD. |
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SECTION 3. Article 45.0217(a), Code of Criminal Procedure, |
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is amended to read as follows: |
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(a) Except as provided by Article 15.27 and Subsection (b), |
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all 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 or file could be generated, relating to a child who is |
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charged with, is convicted of, is found not guilty of, had a charge |
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dismissed for, or is granted deferred disposition [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 4. Section 58.00711, Family Code, is amended to |
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read as follows: |
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Sec. 58.00711. RECORDS RELATING TO CHILDREN CHARGED WITH OR |
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CONVICTED OF FINE-ONLY MISDEMEANORS. Except as provided by Article |
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45.0217(b), Code of Criminal Procedure, all records and files and |
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information stored by electronic means or otherwise, from which a |
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record or file could be generated, relating to a child who is |
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charged with, is convicted of, is found not guilty of, had a charge |
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dismissed for, or is granted deferred disposition [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 5. Articles 44.2811 and 45.0217, Code of Criminal |
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Procedure, and Section 58.00711, Family Code, as amended by this |
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Act, apply to an offense committed before, on, or after the |
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effective date of this Act. |
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SECTION 6. This Act takes effect January 1, 2014. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 528 was passed by the House on April |
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23, 2013, by the following vote: Yeas 146, Nays 0, 2 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 528 was passed by the Senate on May |
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22, 2013, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: _____________________ |
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Date |
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_____________________ |
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Governor |