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A BILL TO BE ENTITLED
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AN ACT
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relating to the dissemination of confidential information |
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contained in the juvenile justice information system. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Section 58.106, Family Code, is |
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amended to read as follows: |
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Sec. 58.106. DISSEMINATION OF CONFIDENTIAL INFORMATION IN |
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JUVENILE JUSTICE INFORMATION SYSTEM [CONFIDENTIALITY]. |
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SECTION 2. Section 58.106, Family Code, is amended by |
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amending Subsections (a), (a-1), (b), and (c) and adding Subsection |
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(a-2) to read as follows: |
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(a) Except as otherwise provided by this section, |
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information contained in the juvenile justice information system is |
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confidential information for the use of the department and may not |
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be disseminated by the department except: |
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(1) with the permission of the juvenile offender, to |
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military personnel of this state or the United States; |
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(2) to a criminal justice agency as defined by Section |
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411.082, Government Code [person or entity to which the department
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may grant access to adult criminal history records as provided by
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Section 411.083, Government Code]; |
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(3) to a noncriminal justice agency authorized by |
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federal statute or federal executive order to receive juvenile |
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justice record information; |
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(4) to a juvenile justice agency; |
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(5) [(4)] to the Texas Juvenile Justice Department |
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[Youth Commission and the Texas Juvenile Probation Commission for
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analytical purposes]; |
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(6) [(5)] to the office of independent ombudsman of |
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the Texas Juvenile Justice Department [Youth Commission]; [and] |
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(7) [(6)] to a district, county, justice, or municipal |
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court exercising jurisdiction over a juvenile, including a court |
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exercising jurisdiction over a juvenile under Section 54.021; and |
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(8) to the Department of Family and Protective |
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Services as provided by Section 411.114, Government Code. |
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(a-1) The department may disseminate information contained |
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in the juvenile justice information system to a noncriminal justice |
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agency or entity not listed in Subsection (a) to which the |
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department may grant access to adult criminal history record |
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information as provided by Section 411.083, Government Code, only |
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if the information does not relate to conduct indicating a need for |
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supervision or to delinquent conduct constituting a misdemeanor |
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offense: |
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(1) for which a child is on deferred prosecution under |
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Section 53.03; |
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(2) for which deferred prosecution was successfully |
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completed under Section 53.03; |
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(3) for which a charge was dropped or not pursued for |
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reasons other than a lack of probable cause; |
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(4) for which a charge is pending final adjudication |
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under Section 54.03; or |
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(5) found by the juvenile court to be "not true." |
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(a-2) Information disseminated under Subsection (a) or |
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(a-1) remains confidential after dissemination and may be disclosed |
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by the recipient only as provided by this title. |
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(b) Subsections (a) and (a-1) do [Subsection (a) does] not |
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apply to a document maintained by a juvenile justice agency that is |
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the source of information collected by the department. |
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(c) The department may, if necessary to protect the welfare |
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of the community, disseminate to the public the following |
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information relating to a juvenile who has escaped from the custody |
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of the Texas Juvenile Justice Department [Youth Commission] or from |
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another secure detention or correctional facility: |
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(1) the juvenile's name, including other names by |
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which the juvenile is known; |
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(2) the juvenile's physical description, including |
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sex, weight, height, race, ethnicity, eye color, hair color, scars, |
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marks, and tattoos; |
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(3) a photograph of the juvenile; and |
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(4) a description of the conduct for which the |
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juvenile was committed to the Texas Juvenile Justice Department |
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[Youth Commission] or detained in the secure detention or |
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correctional facility, including the level and degree of the |
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alleged offense. |
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SECTION 3. This Act takes effect September 1, 2015. |
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