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A BILL TO BE ENTITLED
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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 CHILDREN CONVICTED OF |
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CERTAIN FINE-ONLY MISDEMEANORS. [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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convicted of and has satisfied the judgment for a fine-only
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misdemeanor offense other than a traffic offense are confidential
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and may not be disclosed to the public except as provided under
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Article 45.0217(b).] All records and files and information stored |
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by electronic means or otherwise, from which a record or file could |
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be generated, relating to a child whose conviction for a fine-only |
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misdemeanor other than a traffic offense is appealed [affirmed] are |
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confidential [upon satisfaction of the judgment] and may not be |
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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 or 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. |
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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 or 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. |
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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 immediately if it receives |
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a 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, 2013. |