By: White H.B. No. 3705
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to local juvenile justice information systems.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 58.301, Family Code, is amended read as
  follows:
         Sec. 58.301.  DEFINITIONS. In this subchapter:
               (1)  "County juvenile board" means a juvenile board
  created under Chapter 152, Human Resources Code.
               (2)  "Governmental placement facility" means a
  juvenile residential placement facility operated by a unit of
  government.
               (3)  "Governmental service provider" means a juvenile
  justice service provider operated by a unit of government.
               (4)  "Juvenile facility" means a facility that serves
  juveniles under juvenile court jurisdiction and that is operated as
  a holdover facility, a pre-adjudication detention facility, a
  non-secure facility, or a post-adjudication secure correctional
  facility.
               (5)  "Local juvenile justice information system" means
  a county or multicounty computerized database of information
  concerning children, with data entry and access by the partner
  agencies that are members of the system.
               (5)(6)  "Partner agency" means a governmental service
  provider or governmental placement facility that is authorized by
  this subchapter to be a member of a local juvenile justice
  information system or that has applied to be a member of a local
  juvenile justice information system and has been approved by the
  county juvenile board or regional juvenile board committee as a
  member of the system. The term includes governmental juvenile
  facilities.
               (6)(7)  "Regional juvenile board committee" means a
  committee that is composed of two members from each county juvenile
  board in a region that comprises a multicounty local juvenile
  information system.
         SECTION 2.  Section 58.303, Family Code, is amended read as
  follows:
         Sec. 58.303.  LOCAL JUVENILE JUSTICE INFORMATION SYSTEM.
  (a)  Juvenile justice agencies in a county or region of this state
  may jointly create and maintain a local juvenile justice
  information system to aid in processing the cases of children under
  this code, to facilitate the delivery of services to children in the
  juvenile justice system, and to aid in the early identification of
  at-risk and delinquent children.
         (b)  A local juvenile justice information system may contain
  the following components:
               (1)  case management resources for juvenile courts,
  court clerks, prosecuting attorneys, and county juvenile probation
  departments;
               (2)  reporting systems to fulfill statutory
  requirements for reporting in the juvenile justice system;
               (3)  service provider directories and indexes of
  agencies providing services to children;
               (4)  victim-witness notices required under Chapter 57;
               (5)  electronic filing of complaints or petitions,
  court orders, and other documents filed with the court, including
  documents containing electronic signatures;
               (6)  electronic offense and intake processing;
               (7)  case docket management and calendaring;
               (8)  communications by email or other electronic
  communications between partner agencies;
               (9)  reporting of charges filed, adjudications and
  dispositions of juveniles by municipal and justice courts and the
  juvenile court, and transfers of cases to the juvenile court as
  authorized or required by Section 51.08;
               (10)  reporting to schools under Article 15.27, Code of
  Criminal Procedure, by law enforcement agencies, prosecuting
  attorneys, and juvenile courts;
               (11)  records of adjudications and dispositions,
  including probation conditions ordered by the juvenile court; and
               (12)  warrant management and confirmation
  capabilities; and
               (13)  management of juveniles in juvenile facilities.
         (c)  Expired.
         (d)     Membership in a local juvenile justice information
  system is determined by this subchapter. Membership in a regional
  juvenile justice information system is determined by the regional
  juvenile board committee from among partner agencies that have
  applied for membership.
         SECTION 3.  Section 58.304, Family Code, is amended read as
  follows:
         Sec. 58.304.  TYPES OF INFORMATION CONTAINED IN A LOCAL
  JUVENILE INFORMATION SYSTEM.  (a)  Subject to Subsection (d), a A
  local juvenile justice information system must consist of:
               (1)  information relating to all referrals to the
  juvenile court of any type, including referrals for conduct
  indicating a need for supervision and delinquent conduct; and
               (2)  information relating to:
                     (A)  the juvenile;
                     (B)  the intake or referral of the juvenile into
  the juvenile justice system for any offense or conduct;
                     (C)  the detention of the juvenile;
                     (D)  the prosecution of the juvenile;
                     (E)  the disposition of the juvenile's case,
  including the name and description of any program to which the
  juvenile is referred; and
                     (F)  the probation, placement, or commitment of
  the juvenile.
         (b)  To the extent possible and subject to Subsections
  Subsection (a) and (d), the local juvenile justice information
  system may include the following information for each juvenile
  taken into custody, detained, or referred under this title:
               (1)  the juvenile's name, including other names by
  which the juvenile is known;
               (2)  the juvenile's date and place of birth;
               (3)  the juvenile's physical description, including
  sex, weight, height, race, ethnicity, eye color, hair color, scars,
  marks, and tattoos;
               (4)  the juvenile's state identification number and
  other identifying information;
               (5)  the juvenile's fingerprints and photograph;
               (6)  the juvenile's last known residential address,
  including the census tract number designation for the address;
               (7)  the name, address, and phone number of the
  juvenile's parent, guardian, or custodian;
               (8)  the name and identifying number of the agency that
  took into custody or detained the juvenile;
               (9)  each date of custody or detention;
               (10)  a detailed description of the conduct for which
  the juvenile was taken into custody, detained, or referred,
  including the level and degree of the alleged offense;
               (11)  the name and identifying number of the juvenile
  intake agency or juvenile probation office;
               (12)  each disposition by the juvenile intake agency or
  juvenile probation office;
               (13)  the date of disposition by the juvenile intake
  agency or juvenile probation office;
               (14)  the name and identifying number of the
  prosecutor's office;
               (15)  each disposition by the prosecutor;
               (16)  the date of disposition by the prosecutor;
               (17)  the name and identifying number of the court;
               (18)  each disposition by the court, including
  information concerning custody of a juvenile by a juvenile justice
  agency or county juvenile probation department;
               (19)  the date of disposition by the court;
               (20)  any commitment or release under supervision by
  the Texas Juvenile Justice Department, including the date of the
  commitment or release;
               (21)  information concerning each appellate
  proceeding; and
               (22)  electronic copies of all documents filed with the
  court; and
               (23)  information obtained for the purpose of
  diagnosis, examination, evaluation, or treatment or for making a
  referral for treatment of a child by a public or private agency or
  institution providing supervision of a child by arrangement of the
  juvenile court or having custody of the child under order of the
  juvenile court.
         (c)  If the Department of Public Safety assigns a state
  identification number for the juvenile, the identification number
  shall be entered in the local juvenile information system.
         (d)     Information obtained for the purpose of diagnosis,
  examination, evaluation, or treatment or for making a referral for
  treatment of a child by a public or private agency or institution
  providing supervision of a child by arrangement of the juvenile
  court or having custody of the child under order of the juvenile
  court may not be collected under Subsection (a) or (b).
         SECTION 4.  Section 58.305, Family Code, is amended read as
  follows:
         Sec. 58.305.  PARTNER AGENCIES.  (a)  A local juvenile
  justice information system shall to the extent possible include the
  following partner agencies within that county:
               (1)  the juvenile court and court clerk;
               (2)  justice of the peace and municipal courts;
               (3)  the county juvenile probation department;
               (4)  the prosecuting attorneys who prosecute juvenile
  cases in juvenile court, municipal court, or justice court;
               (5)  law enforcement agencies;
               (6)  each public school district in the county;
               (7)  governmental service providers approved by the
  county juvenile board; and
               (8)  governmental placement juvenile facilities
  approved by the county juvenile board.
         (b)  A local juvenile justice information system for a
  multicounty region shall to the extent possible include the partner
  agencies listed in Subsections (a)(1)-(6) for each county in the
  region and the following partner agencies from within the
  multicounty region that have applied for membership in the system
  and have been approved by the regional juvenile board committee:
               (1)  governmental service providers; and
               (2)  governmental placement juvenile facilities.
         SECTION 5.  Section 58.306, Family Code, is amended read as
  follows:
         Sec. 58.306.  ACCESS TO INFORMATION; LEVELS.  (a)  This
  section describes the level of access to information to which each
  partner agency in a local juvenile justice information system is
  entitled.
         (b)  Information is at Access Level 1 if the information
  relates to a child:
               (1)  who:
                     (A)  a school official has reasonable grounds to
  believe has committed an offense for which a report is required
  under Section 37.015, Education Code; or
                     (B)  has been expelled, the expulsion of which is
  required to be reported under Section 52.041; and
               (2)  who has not been charged with a fineable only
  offense, a status offense, or delinquent conduct.
         (c)  Information is at Access Level 2 if the information
  relates to a child who:
               (1)  is alleged in a justice or municipal court to have
  committed a fineable only offense, municipal ordinance violation,
  or status offense; and
               (2)  has not been charged with delinquent conduct or
  conduct indicating a need for supervision.
         (d)  Information is at Access Level 3 if the information
  relates to a child who is alleged to have engaged in delinquent
  conduct or conduct indicating a need for supervision.
         (e)  Information is at Access Level 4 if the information is
  obtained for the purpose of diagnosis, examination, evaluation, or
  treatment or for making a referral for treatment of a child by a
  public or private agency or institution providing supervision of a
  child by arrangement of the juvenile court or having custody of the
  child under order of the juvenile court.
         (f)  Level 1 Access is by public school districts in the
  county or region served by the local juvenile justice information
  system.
         (f) (g)  Level 2 Access is by:
               (1)  justice of the peace courts that process juvenile
  cases; and
               (2)  municipal courts that process juvenile cases.
         (g) (h)  Level 3 Access is by:
               (1)  the juvenile court and court clerk;
               (2)  the prosecuting attorney;
               (3)  the county juvenile probation department;
               (4)  law enforcement agencies;
               (5)  governmental service providers that are partner
  agencies; and
               (6)  governmental placement juvenile facilities that
  are partner agencies.  Private juvenile facilities may access only
  information pertaining to juveniles detained or placed within the
  respective facilities.
         (i)  Level 4 Access is by:
               (1)  the juvenile court and court clerk;
               (2)  the county juvenile probation department; and
               (3)  juvenile facilities. Private juvenile facilities
  may access only information pertaining to juveniles detained or
  placed within the respective facilities.
         (h) (i)  Access for Level 1 agencies is only to information
  at Level 1. Access for Level 2 agencies is only to information at
  Levels 1 and 2. Access for Level 3 agencies is to information at
  Levels 1, 2, and 3.
         SECTION 6.  Section 58.307(e), Family Code, is amended read
  as follows:
         (e)  Information in a local juvenile justice information
  system, including electronic signature systems, shall be protected
  from unauthorized access by a system of access security and any
  access to information in a local juvenile information system
  performed by browser software shall be at the level of at least
  128-bit 2048-bit encryption. A juvenile board or a regional
  juvenile board committee shall require all partner agencies to
  maintain security and restrict access in accordance with the
  requirements of this title.
         SECTION 7.  This Act takes effect September 1, 2017.