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A BILL TO BE ENTITLED
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AN ACT
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relating to restricting access to records of children convicted of |
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or receiving deferred disposition for certain fine-only |
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misdemeanors. |
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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 OR |
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RECEIVING DEFERRED DISPOSITION FOR FINE-ONLY MISDEMEANORS. |
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(a) This article applies only to a misdemeanor offense punishable |
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by fine only, other than a traffic offense. |
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(b) All records and files and information stored by |
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electronic means or otherwise, from which a record or file could be |
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generated, relating to a child who is convicted of and has satisfied |
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the judgment for or who has received a dismissal after deferral of |
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disposition for an [a fine-only misdemeanor] offense described by |
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Subsection (a) [other than a traffic offense] are confidential and |
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may not be disclosed to the public except as provided under Article |
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45.0217(b). [All records and files and information stored by
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electronic means or otherwise, from which a record or file could be
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generated, relating to a child whose conviction for a fine-only
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misdemeanor other than a traffic offense is 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. Article 45.0217, Code of Criminal Procedure, is |
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amended to read as follows: |
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Art. 45.0217. CONFIDENTIAL RECORDS RELATED TO THE |
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CONVICTION OF OR DEFERRAL OF DISPOSITION FOR A CHILD. (a) This |
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article applies only to a misdemeanor offense punishable by fine |
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only, other than a traffic offense. |
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(a-1) Except as provided by Article 15.27 and Subsection |
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(b), all records and files, including those held by law |
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enforcement, 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 or |
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who has received a dismissal after deferral of disposition for an [a
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fine-only misdemeanor] offense described by Subsection (a) [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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(b) Information subject to Subsection (a-1) [(a)] may be |
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open to 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. 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 CONVICTED OF OR |
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RECEIVING DEFERRED DISPOSITION FOR FINE-ONLY MISDEMEANORS. |
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(a) This section applies only to a misdemeanor offense punishable |
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by fine only, other than a traffic offense. |
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(b) Except as provided by Article 45.0217(b), Code of |
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Criminal Procedure, all records and files and information stored by |
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electronic means or otherwise, from which a record or file could be |
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generated, relating to a child who is convicted of and has satisfied |
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the judgment for or who has received a dismissal after deferral of |
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disposition for an [a fine-only misdemeanor] offense described by |
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Subsection (a) [other than a traffic offense] are confidential and |
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may not be disclosed to the public. |
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SECTION 4. 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 the disclosure of a record or file on or after the |
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effective date of this Act regardless of whether the offense that is |
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the subject of the record or file was committed before, on, or after |
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the effective date of this Act. |
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SECTION 5. This Act takes effect September 1, 2013. |