|
|
|
A BILL TO BE ENTITLED
|
|
AN ACT
|
|
relating to confidentiality, sharing, sealing, and destruction of |
|
juvenile records. |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
SECTION 1. Section 54.04(h), Family Code, is amended to |
|
read as follows: |
|
(h) At the conclusion of the dispositional hearing, the |
|
court shall inform the child of: |
|
(1) the child's right to appeal, as required by Section |
|
56.01; and |
|
(2) the procedures for the sealing of the child's |
|
records under Subchapter C-1, Chapter 58 [Section 58.003]. |
|
SECTION 2. Section 54.04012(d), Family Code, is amended to |
|
read as follows: |
|
(d) Following a child's successful completion of the |
|
program, the court may order the sealing of the records of the case |
|
in the manner provided by Subchapter C-1, Chapter 58 [Sections
|
|
58.003(c-7) and (c-8)]. |
|
SECTION 3. The heading to Subchapter A, Chapter 58, Family |
|
Code, is amended to read as follows: |
|
SUBCHAPTER A. CREATION AND CONFIDENTIALITY OF JUVENILE RECORDS |
|
SECTION 4. The heading to Section 58.001, Family Code, is |
|
amended to read as follows: |
|
Sec. 58.001. LAW ENFORCEMENT COLLECTION AND TRANSMITTAL OF |
|
RECORDS OF CHILDREN. |
|
SECTION 5. Sections 58.002(a), (b), and (c), Family Code, |
|
are amended to read as follows: |
|
(a) Except as provided by Chapter 63, Code of Criminal |
|
Procedure, a child may not be photographed or fingerprinted without |
|
the consent of the juvenile court unless the child is: |
|
(1) taken into custody; or |
|
(2) referred to the juvenile court for conduct that |
|
constitutes a felony or a misdemeanor punishable by confinement in |
|
jail, regardless of whether the child has been taken into custody. |
|
(b) On or before December 31 of each year, the head of each |
|
municipal or county law enforcement agency located in a county |
|
shall certify to the juvenile board for that county that the |
|
photographs and fingerprints required to be destroyed under Section |
|
58.001 have been destroyed. The juvenile board may [shall] conduct |
|
or cause to be conducted an audit of the records of the law |
|
enforcement agency to verify the destruction of the photographs and |
|
fingerprints and the law enforcement agency shall make its records |
|
available for this purpose. If the audit shows that the |
|
certification provided by the head of the law enforcement agency is |
|
false, that person is subject to prosecution for perjury under |
|
Chapter 37, Penal Code. |
|
(c) This section does not prohibit a law enforcement officer |
|
from photographing or fingerprinting a child who is not in custody |
|
and who has been referred to the juvenile court for conduct other |
|
than conduct that constitutes a felony or misdemeanor punishable by |
|
confinement in jail if the child's parent or guardian voluntarily |
|
consents in writing to the photographing or fingerprinting of the |
|
child. Consent of the child's parent or guardian is not required to |
|
photograph or fingerprint a child described by Subsection (a)(1) or |
|
(2). |
|
SECTION 6. Section 58.0021(b), Family Code, is amended to |
|
read as follows: |
|
(b) A law enforcement officer may take temporary custody of |
|
a child to take the child's photograph, or may obtain a photograph |
|
of a child from a juvenile probation department in possession of a |
|
photograph of the child, if: |
|
(1) the officer has probable cause to believe that the |
|
child has engaged in delinquent conduct; and |
|
(2) the officer has probable cause to believe that the |
|
child's photograph will be of material assistance in the |
|
investigation of that conduct. |
|
SECTION 7. Section 58.004, Family Code, is amended to read |
|
as follows: |
|
Sec. 58.004. REDACTION OF VICTIM'S PERSONALLY IDENTIFIABLE |
|
INFORMATION. (a) Notwithstanding any other law, before disclosing |
|
any juvenile court record [or file] of a child as authorized by this |
|
chapter or other law, the custodian of the record [or file] must |
|
redact any personally identifiable information about a victim of |
|
the child's delinquent conduct or conduct indicating a need for |
|
supervision who was under 18 years of age on the date the conduct |
|
occurred. |
|
(b) This section does not apply to information that is: |
|
(1) necessary for an agency to provide services to the |
|
victim; |
|
(2) necessary for law enforcement purposes; [or] |
|
(3) shared within the statewide juvenile information |
|
and case management system established under Subchapter E; |
|
(4) shared with an attorney representing the child in |
|
a proceeding under this title; or |
|
(5) shared with an attorney representing any other |
|
person in a juvenile or criminal court proceeding arising from the |
|
same act or conduct for which the child was referred to juvenile |
|
court. |
|
SECTION 8. Section 58.005, Family Code, is amended to read |
|
as follows: |
|
Sec. 58.005. CONFIDENTIALITY OF FACILITY RECORDS. (a) |
|
This section applies only to the inspection, copying, and |
|
maintenance of a record [Records and files] concerning a child and |
|
to the storage of information from which a record could be |
|
generated, including personally identifiable information, [and] |
|
information obtained for the purpose of diagnosis, examination, |
|
evaluation, or treatment of the child or for making a referral for |
|
treatment of the [a] child, and other records or information, |
|
created by or in the possession of: |
|
(1) the Texas Juvenile Justice Department; |
|
(2) an entity having custody of the child under a |
|
contract with the Texas Juvenile Justice Department; or |
|
(3) another [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, including a facility operated by or under contract |
|
with a juvenile board or juvenile probation department. |
|
(a-1) Except as provided by Article 15.27, Code of Criminal |
|
Procedure, the records and information to which this section |
|
applies may be disclosed only to: |
|
(1) the professional staff or consultants of the |
|
agency or institution; |
|
(2) the judge, probation officers, and professional |
|
staff or consultants of the juvenile court; |
|
(3) an attorney for the child; |
|
(4) a governmental agency if the disclosure is |
|
required or authorized by law; |
|
(5) a person or entity to whom the child is referred |
|
for treatment or services if the agency or institution disclosing |
|
the information has entered into a written confidentiality |
|
agreement with the person or entity regarding the protection of the |
|
disclosed information; |
|
(6) the Texas Department of Criminal Justice and the |
|
Texas Juvenile Justice Department for the purpose of maintaining |
|
statistical records of recidivism and for diagnosis and |
|
classification; or |
|
(7) with permission from [leave of] the juvenile |
|
court, any other person, agency, or institution having a legitimate |
|
interest in the proceeding or in the work of the court. |
|
(b) This section does not affect the collection, |
|
dissemination, or maintenance of information as provided by |
|
Subchapter B or [apply to information collected under Section
|
|
58.104 or under] Subchapter D-1. |
|
SECTION 9. Section 58.0052(b), Family Code, is amended to |
|
read as follows: |
|
(b) Subject to Subsection (c), at [At] the request of a |
|
juvenile service provider, another juvenile service provider shall |
|
disclose to that provider a multi-system youth's personal health |
|
information or a history of governmental services provided to the |
|
multi-system youth, including: |
|
(1) identity records; |
|
(2) medical and dental records; |
|
(3) assessment or diagnostic test results; |
|
(4) special needs; |
|
(5) program placements; [and] |
|
(6) psychological diagnoses; and |
|
(7) other related records or information. |
|
SECTION 10. The heading to Section 58.007, Family Code, is |
|
amended to read as follows: |
|
Sec. 58.007. CONFIDENTIALITY OF PROBATION DEPARTMENT, |
|
PROSECUTOR, AND COURT [PHYSICAL] RECORDS [OR FILES]. |
|
SECTION 11. Section 58.007, Family Code, is amended by |
|
amending Subsections (a), (b), (g), and (i) and adding Subsection |
|
(b-1) to read as follows: |
|
(a) This section applies only to the inspection, copying, |
|
and maintenance of a [physical] record [or file] concerning a child |
|
and the storage of information, by electronic means or otherwise, |
|
concerning the child from which a physical record or file could be |
|
generated and does not affect the collection, dissemination, or |
|
maintenance of information as provided by Subchapter B or |
|
Subchapter D-1. This section does not apply to a record [or file] |
|
relating to a child that is: |
|
(1) required or authorized to be maintained under the |
|
laws regulating the operation of motor vehicles in this state; |
|
(2) maintained by a municipal or justice court; or |
|
(3) subject to disclosure under Chapter 62, Code of |
|
Criminal Procedure. |
|
(b) Except as provided by Section 54.051(d-1) and by Article |
|
15.27, Code of Criminal Procedure, the records, whether physical or |
|
electronic, [and files] of a juvenile court, a clerk of court, a |
|
juvenile probation department, or a prosecuting attorney relating |
|
to a child who is a party to a proceeding under this title may be |
|
inspected or copied only by: |
|
(1) the judge, probation officers, and professional |
|
staff or consultants of the juvenile court; |
|
(2) a juvenile justice agency as that term is defined |
|
by Section 58.101; |
|
(3) an attorney representing [for] a party in a [to
|
|
the] proceeding under this title; |
|
(4) a person or entity to whom the child is referred |
|
for treatment or services, if the agency or institution disclosing |
|
the information has entered into a written confidentiality |
|
agreement with the person or entity regarding the protection of the |
|
disclosed information; |
|
(5) a public or private agency or institution |
|
providing supervision of the child by arrangement of the juvenile |
|
court, or having custody of the child under juvenile court order; or |
|
(6) [(5)] with permission from [leave of] the juvenile |
|
court, any other person, agency, or institution having a legitimate |
|
interest in the proceeding or in the work of the court. |
|
(b-1) A person who is the subject of the records is entitled |
|
to access the records for the purpose of preparing and presenting a |
|
motion or application to seal the records. |
|
(g) For the purpose of offering a record as evidence in the |
|
punishment phase of a criminal proceeding, a prosecuting attorney |
|
may obtain the record of a defendant's adjudication that is |
|
admissible under Section 3(a), Article 37.07, Code of Criminal |
|
Procedure, by submitting a request for the record to the juvenile |
|
court that made the adjudication. If a court receives a request |
|
from a prosecuting attorney under this subsection, the court shall, |
|
if the court possesses the requested record of adjudication, |
|
certify and provide the prosecuting attorney with a copy of the |
|
record. If a record has been sealed under Subchapter C-1, the |
|
juvenile court may not provide a copy of the record to a prosecuting |
|
attorney under this subsection. |
|
(i) In addition to the authority to release information |
|
under Subsection (b)(6) [(b)(5)], a juvenile probation department |
|
may release information contained in its records without leave of |
|
the juvenile court pursuant to guidelines adopted by the juvenile |
|
board. |
|
SECTION 12. Subchapter A, Chapter 58, Family Code, is |
|
amended by adding Section 58.008 to read as follows: |
|
Sec. 58.008. CONFIDENTIALITY OF LAW ENFORCEMENT RECORDS. |
|
(a) This section applies only to the inspection, copying, and |
|
maintenance of a record concerning a child and to the storage of |
|
information, by electronic means or otherwise, concerning the child |
|
from which a record could be generated and does not affect the |
|
collection, dissemination, or maintenance of information as |
|
provided by Subchapter B. This section does not apply to a record |
|
or file relating to a child that is: |
|
(1) required or authorized to be maintained under the |
|
laws regulating the operation of motor vehicles in this state; |
|
(2) maintained by a municipal or justice court; or |
|
(3) subject to disclosure under Chapter 62, Code of |
|
Criminal Procedure. |
|
(b) Except as provided by Subsection (d), law enforcement |
|
records concerning a child and information concerning a child that |
|
are stored by electronic means or otherwise and from which a record |
|
could be generated may not be disclosed to the public and shall be: |
|
(1) if maintained on paper or microfilm, kept separate |
|
from adult records; |
|
(2) if maintained electronically in the same computer |
|
system as adult records, accessible only under controls that are |
|
separate and distinct from the controls to access electronic data |
|
concerning adults; and |
|
(3) maintained on a local basis only and not sent to a |
|
central state or federal depository, except as provided by |
|
Subsection (c) or Subchapter B, D, or E. |
|
(c) The law enforcement records of a person with a |
|
determinate sentence who is transferred to the Texas Department of |
|
Criminal Justice may be transferred to a central state or federal |
|
depository for adult records after the date of transfer and may be |
|
shared in accordance with the laws governing the adult records in |
|
the depository. |
|
(d) Law enforcement records concerning a child may be |
|
inspected or copied by: |
|
(1) a juvenile justice agency, as defined by Section |
|
58.101; |
|
(2) a criminal justice agency, as defined by Section |
|
411.082, Government Code; |
|
(3) the child; or |
|
(4) the child's parent or guardian. |
|
(e) Before a child or a child's parent or guardian may |
|
inspect or copy a record concerning the child under Subsection (d), |
|
the custodian of the record shall redact: |
|
(1) any personally identifiable information about a |
|
juvenile suspect, offender, victim, or witness who is not the |
|
child; and |
|
(2) any information that is excepted from required |
|
disclosure under Chapter 552, Government Code, or any other law. |
|
(f) If a child has been reported missing by a parent, |
|
guardian, or conservator of that child, information about the child |
|
may be forwarded to and disseminated by the Texas Crime Information |
|
Center and the National Crime Information Center. |
|
SECTION 13. Section 58.0072, Family Code, is redesignated |
|
as Section 58.009, Family Code, and amended to read as follows: |
|
Sec. 58.009 [58.0072]. DISSEMINATION OF JUVENILE JUSTICE |
|
INFORMATION BY THE TEXAS JUVENILE JUSTICE DEPARTMENT. (a) Except |
|
as provided by this section, juvenile justice information collected |
|
and maintained by the Texas Juvenile Justice Department for |
|
statistical and research purposes is confidential information for |
|
the use of the department and may not be disseminated by the |
|
department. |
|
(b) Juvenile justice information consists of information of |
|
the type described by Section 58.104, including statistical data in |
|
any form or medium collected, maintained, or submitted to the Texas |
|
Juvenile Justice Department under Section 221.007, Human Resources |
|
Code. |
|
(c) The Texas Juvenile Justice Department may grant the |
|
following entities access to juvenile justice information for |
|
research and statistical purposes or for any other purpose approved |
|
by the department: |
|
(1) criminal justice agencies as defined by Section |
|
411.082, Government Code; |
|
(2) the Texas Education Agency, as authorized under |
|
Section 37.084, Education Code; |
|
(3) any agency under the authority of the Health and |
|
Human Services Commission; or |
|
(4) a public or private university. |
|
(d) The Texas Juvenile Justice Department may grant the |
|
following entities access to juvenile justice information only for |
|
a purpose beneficial to and approved by the department to: |
|
(1) a person working on a research or statistical |
|
project that: |
|
(A) is funded in whole or in part by state or |
|
federal funds; and |
|
(B) meets the requirements of and is approved by |
|
the department; or |
|
(2) a person working on a research or statistical |
|
project that: |
|
(A) meets the requirements of and is approved by |
|
the department; and |
|
(B) [governmental entity that] has a specific |
|
agreement with the department that[, if the agreement]: |
|
(i) [(A)] specifically authorizes access |
|
to information; |
|
(ii) [(B)] limits the use of information to |
|
the purposes for which the information is given; |
|
(iii) [(C)] ensures the security and |
|
confidentiality of the information; and |
|
(iv) [(D)] provides for sanctions if a |
|
requirement imposed under Subparagraph (i), (ii), or (iii) |
|
[Paragraph (A), (B), or (C)] is violated. |
|
(e) The Texas Juvenile Justice Department shall grant |
|
access to juvenile justice information for legislative purposes |
|
under Section 552.008, Government Code. |
|
(f) The Texas Juvenile Justice Department may not release |
|
juvenile justice information in identifiable form, except for |
|
information released under Subsection (c)(1), (2), or (3) or under |
|
the terms of an agreement entered into under Subsection (d)(2). For |
|
purposes of this subsection, identifiable information means |
|
information that contains a juvenile offender's name or other |
|
personal identifiers or that can, by virtue of sample size or other |
|
factors, be reasonably interpreted as referring to a particular |
|
juvenile offender. |
|
[(g)
The Texas Juvenile Justice Department is not required
|
|
to release or disclose juvenile justice information to any person
|
|
not identified under this section.] |
|
SECTION 14. Section 58.102(c), Family Code, is amended to |
|
read as follows: |
|
(c) The department may not collect, [or] retain, or share |
|
information relating to a juvenile except as provided by [if] this |
|
chapter [prohibits or restricts the collection or retention of the
|
|
information]. |
|
SECTION 15. Sections 58.104(a), (b), and (f), Family Code, |
|
are amended to read as follows: |
|
(a) Subject to Subsection (f), the juvenile justice |
|
information system shall consist of information relating to |
|
delinquent conduct committed or alleged to have been committed by a |
|
juvenile offender that, if the conduct had been committed by an |
|
adult, would constitute a criminal offense other than an offense |
|
punishable by a fine only, including information relating to: |
|
(1) the juvenile offender; |
|
(2) the intake or referral of the juvenile offender |
|
into the juvenile justice system; |
|
(3) the detention of the juvenile offender; |
|
(4) the prosecution of the juvenile offender; |
|
(5) the disposition of the juvenile offender's case, |
|
including the name and description of any program to which the |
|
juvenile offender is referred; [and] |
|
(6) the probation or commitment of the juvenile |
|
offender; and |
|
(7) the termination of probation supervision or |
|
discharge from commitment of the juvenile offender. |
|
(b) To the extent possible and subject to Subsection (a), |
|
the department shall include in the juvenile justice information |
|
system the following information for each juvenile offender taken |
|
into custody, detained, or referred under this title for delinquent |
|
conduct: |
|
(1) the juvenile offender's name, including other |
|
names by which the juvenile offender is known; |
|
(2) the juvenile offender's date and place of birth; |
|
(3) the juvenile offender's physical description, |
|
including sex, weight, height, race, ethnicity, eye color, hair |
|
color, scars, marks, and tattoos; |
|
(4) the juvenile offender's state identification |
|
number, and other identifying information, as determined by the |
|
department; |
|
(5) the juvenile offender's fingerprints; |
|
(6) the juvenile offender's last known residential |
|
address, including the census tract number designation for the |
|
address; |
|
(7) the name and identifying number of the agency that |
|
took into custody or detained the juvenile offender; |
|
(8) the date of detention or custody; |
|
(9) the conduct for which the juvenile offender was |
|
taken into custody, detained, or referred, including level and |
|
degree of the alleged offense; |
|
(10) the name and identifying number of the juvenile |
|
intake agency or juvenile probation office; |
|
(11) each disposition by the juvenile intake agency or |
|
juvenile probation office; |
|
(12) the date of disposition by the juvenile intake |
|
agency or juvenile probation office; |
|
(13) the name and identifying number of the |
|
prosecutor's office; |
|
(14) each disposition by the prosecutor; |
|
(15) the date of disposition by the prosecutor; |
|
(16) the name and identifying number of the court; |
|
(17) each disposition by the court, including |
|
information concerning probation or custody of a juvenile offender |
|
by a juvenile justice agency [or probation]; |
|
(18) the date of disposition by the court; |
|
(19) the date any probation supervision, including |
|
deferred prosecution supervision, was terminated; |
|
(20) any commitment or release under supervision by |
|
the Texas Juvenile Justice Department; |
|
(21) [(20)] the date of any commitment or release |
|
under supervision by the Texas Juvenile Justice Department; and |
|
(22) [(21)] a description of each appellate |
|
proceeding. |
|
(f) Records maintained by the department in the depository |
|
are subject to being sealed under Subchapter C-1 [Section 58.003]. |
|
SECTION 16. Sections 58.106(a-2) and (b), Family Code, are |
|
amended to read as follows: |
|
(a-2) Information disseminated under Subsection (a) [or
|
|
(a-1)] remains confidential after dissemination and may be |
|
disclosed by the recipient only as provided by this title. |
|
(b) Subsection (a) does [Subsections (a) and (a-1) do] not |
|
apply to a document maintained by a juvenile justice or law |
|
enforcement agency that is the source of information collected by |
|
the department. |
|
SECTION 17. Chapter 58, Family Code, is amended by adding |
|
Subchapter C-1 to read as follows: |
|
SUBCHAPTER C-1. SEALING AND DESTRUCTION OF JUVENILE RECORDS |
|
Sec. 58.251. DEFINITIONS. In this subchapter: |
|
(1) "Electronic record" means an entry in a computer |
|
file or information on microfilm, microfiche, or any other |
|
electronic storage media. |
|
(2) "Juvenile matter" means a referral to a juvenile |
|
court or juvenile probation department and all related court |
|
proceedings and outcomes, if any. |
|
(3) "Physical record" means a paper copy of a record. |
|
(4) "Record" means any documentation related to a |
|
juvenile matter, including information contained in that |
|
documentation. |
|
Sec. 58.252. EXEMPTED RECORDS. The following records are |
|
exempt from this subchapter: |
|
(1) records relating to a criminal combination or |
|
criminal street gang maintained by the Department of Public Safety |
|
or a local law enforcement agency under Chapter 61, Code of Criminal |
|
Procedure; |
|
(2) sex offender registration records maintained by |
|
the Department of Public Safety or a local law enforcement agency |
|
under Chapter 62, Code of Criminal Procedure; and |
|
(3) records collected or maintained by the Texas |
|
Juvenile Justice Department for statistical and research purposes, |
|
including data submitted under Section 221.007, Human Resources |
|
Code, and personally identifiable information. |
|
Sec. 58.253. SEALING RECORDS WITHOUT APPLICATION: |
|
DELINQUENT CONDUCT. (a) This section does not apply to the records |
|
of a child referred to a juvenile court or juvenile probation |
|
department solely for conduct indicating a need for supervision. |
|
(b) A person who was referred to a juvenile probation |
|
department for delinquent conduct is entitled to have all records |
|
related to the person's juvenile matters, including records |
|
relating to any matters involving conduct indicating a need for |
|
supervision, sealed without applying to the juvenile court if the |
|
person: |
|
(1) is at least 19 years of age; |
|
(2) has not been adjudicated as having engaged in |
|
delinquent conduct or, if adjudicated for delinquent conduct, was |
|
not adjudicated for delinquent conduct violating a penal law of the |
|
grade of felony; |
|
(3) does not have any pending delinquent conduct |
|
matters; |
|
(4) has not been transferred by a juvenile court to a |
|
criminal court for prosecution under Section 54.02; |
|
(5) has not as an adult been convicted of a felony or a |
|
misdemeanor punishable by confinement in jail; and |
|
(6) does not have any pending charges as an adult for a |
|
felony or a misdemeanor punishable by confinement in jail. |
|
(c) A person who was referred to a juvenile probation |
|
department for delinquent conduct is entitled to have all records |
|
related to the person's juvenile matters, including records |
|
relating to any matters involving conduct indicating a need for |
|
supervision, sealed without applying to the juvenile court if the |
|
person: |
|
(1) is at least 25 years of age; |
|
(2) was adjudicated as having engaged in delinquent |
|
conduct violating a penal law of the grade of felony; |
|
(3) did not receive a determinate sentence for |
|
engaging in: |
|
(A) delinquent conduct that violated a penal law |
|
listed under Section 53.045; or |
|
(B) habitual felony conduct as described by |
|
Section 51.031; |
|
(4) has not been required to register as a sex offender |
|
under Chapter 62, Code of Criminal Procedure; |
|
(5) does not have any pending delinquent conduct |
|
matters; |
|
(6) has not been transferred by a juvenile court to a |
|
criminal court for prosecution under Section 54.02; |
|
(7) has not as an adult been convicted of a felony or a |
|
misdemeanor punishable by confinement in jail; and |
|
(8) does not have any pending charges as an adult for a |
|
felony or a misdemeanor punishable by confinement in jail. |
|
Sec. 58.254. CERTIFICATION OF ELIGIBILITY FOR SEALING |
|
RECORDS WITHOUT APPLICATION FOR DELINQUENT CONDUCT. (a) The |
|
Department of Public Safety shall certify to a juvenile probation |
|
department that has submitted records to the juvenile justice |
|
information system that the records relating to a person referred |
|
to the juvenile probation department appear to be eligible for |
|
sealing under Section 58.253. |
|
(b) The Department of Public Safety may issue the |
|
certification described by Subsection (a) by electronic means, |
|
including by electronic mail. |
|
(c) Except as provided by Subsection (d), not later than the |
|
60th day after the date the juvenile probation department receives |
|
a certification under Subsection (a), the juvenile probation |
|
department shall: |
|
(1) give notice of the receipt of the certification to |
|
the juvenile court; and |
|
(2) provide the court with a list of all referrals |
|
received by the department relating to that person and the outcome |
|
of each referral. |
|
(d) If a juvenile probation department has reason to believe |
|
the records of the person for whom the department received a |
|
certification under Subsection (a) are not eligible to be sealed, |
|
the juvenile probation department shall notify the Department of |
|
Public Safety not later than the 15th day after the date the |
|
juvenile probation department received the certification. If the |
|
juvenile probation department later determines that the person's |
|
records are eligible to be sealed, the juvenile probation |
|
department shall notify the juvenile court and provide the court |
|
the information described by Subsection (c) not later than the 30th |
|
day after the date of the determination. |
|
(e) If, after receiving a certification under Subsection |
|
(a), the juvenile probation department determines that the person's |
|
records are not eligible to be sealed, the juvenile probation |
|
department and the Department of Public Safety shall update the |
|
juvenile justice information system to reflect that determination |
|
and no further action related to the records is required. |
|
(f) Not later than the 60th day after the date a juvenile |
|
court receives notice from a juvenile probation department under |
|
Subsection (c), the juvenile court shall issue an order sealing all |
|
records relating to the person named in the certification. |
|
Sec. 58.255. SEALING RECORDS WITHOUT APPLICATION: CONDUCT |
|
INDICATING NEED FOR SUPERVISION. (a) A person who was referred to |
|
a juvenile probation department for conduct indicating a need for |
|
supervision is entitled to have all records related to all conduct |
|
indicating a need for supervision matters sealed without applying |
|
to the juvenile court if the person: |
|
(1) is at least 18 years of age; |
|
(2) has not been referred to the juvenile probation |
|
department for delinquent conduct; |
|
(3) has not as an adult been convicted of a felony; and |
|
(4) does not have any pending charges as an adult for a |
|
felony or a misdemeanor punishable by confinement in jail. |
|
(b) The juvenile probation department shall: |
|
(1) give the juvenile court notice that a person's |
|
records are eligible for sealing under Subsection (a); and |
|
(2) provide the juvenile court with a list of all |
|
referrals relating to that person received by the department and |
|
the outcome of each referral. |
|
(c) Not later than the 60th day after the date the juvenile |
|
court receives notice from the juvenile probation department under |
|
Subsection (b), the juvenile court shall issue an order sealing all |
|
records relating to the person named in the notice. |
|
Sec. 58.256. APPLICATION FOR SEALING RECORDS. (a) |
|
Notwithstanding Sections 58.253 and 58.255, a person may file an |
|
application for the sealing of records related to the person in the |
|
juvenile court served by the juvenile probation department to which |
|
the person was referred. The court may not charge a fee for filing |
|
the application, regardless of the form of the application. |
|
(b) An application filed under this section must include |
|
either the following information or the reason that one or more of |
|
the following is not included in the application: |
|
(1) the person's: |
|
(A) full name; |
|
(B) sex; |
|
(C) race or ethnicity; |
|
(D) date of birth; |
|
(E) driver's license or identification card |
|
number; and |
|
(F) social security number; |
|
(2) the conduct for which the person was referred to |
|
the juvenile probation department, including the date on which the |
|
conduct was alleged or found to have been committed; |
|
(3) the cause number assigned to each petition |
|
relating to the person filed in juvenile court, if any, and the |
|
court in which the petition was filed; and |
|
(4) a list of all entities the person believes have |
|
possession of records related to the person, including the |
|
applicable entities listed under Section 58.258(b). |
|
(c) Except as provided by Subsection (d), the juvenile court |
|
may order the sealing of records related to all matters for which |
|
the person was referred to the juvenile probation department if the |
|
person: |
|
(1) is at least 18 years of age, or is younger than 18 |
|
years of age and at least two years have elapsed after the date of |
|
final discharge in each matter for which the person was referred to |
|
the juvenile probation department; |
|
(2) does not have any delinquent conduct matters |
|
pending with any juvenile probation department or juvenile court; |
|
(3) was not transferred by a juvenile court to a |
|
criminal court for prosecution under Section 54.02; |
|
(4) has not as an adult been convicted of a felony; and |
|
(5) does not have any pending charges as an adult for a |
|
felony or a misdemeanor punishable by confinement in jail. |
|
(d) A court may not order the sealing of the records of a |
|
person who: |
|
(1) received a determinate sentence for engaging in: |
|
(A) delinquent conduct that violated a penal law |
|
listed under Section 53.045; or |
|
(B) habitual felony conduct as described by |
|
Section 51.031; |
|
(2) is currently required to register as a sex |
|
offender under Chapter 62, Code of Criminal Procedure; or |
|
(3) was committed to the Texas Juvenile Justice |
|
Department or to a post-adjudication secure correctional facility |
|
under Section 54.04011, unless the person has been discharged from |
|
the agency to which the person was committed. |
|
(e) On receipt of an application under this section, the |
|
court may: |
|
(1) order the sealing of the person's records |
|
immediately, without a hearing; or |
|
(2) hold a hearing under Section 58.257 at the court's |
|
discretion to determine whether to order the sealing of the |
|
person's records. |
|
Sec. 58.257. HEARING REGARDING SEALING OF RECORDS. (a) A |
|
hearing regarding the sealing of a person's records must be held not |
|
later than the 60th day after the date the court receives the |
|
person's application under Section 58.256. |
|
(b) The court shall give reasonable notice of a hearing |
|
under this section to: |
|
(1) the person who is the subject of the records; |
|
(2) the person's attorney who made the application for |
|
sealing on behalf of the person, if any; |
|
(3) the prosecuting attorney for the juvenile court; |
|
(4) all entities named in the application that the |
|
person believes possess eligible records related to the person; and |
|
(5) any individual or entity whose presence at the |
|
hearing is requested by the person or prosecutor. |
|
Sec. 58.258. ORDER SEALING RECORDS. (a) An order sealing |
|
the records of a person under this subchapter must include either |
|
the following information or the reason one or more of the following |
|
is not included in the order: |
|
(1) the person's: |
|
(A) full name; |
|
(B) sex; |
|
(C) race or ethnicity; |
|
(D) date of birth; |
|
(E) driver's license or identification card |
|
number; and |
|
(F) social security number; |
|
(2) each instance of conduct indicating a need for |
|
supervision or delinquent conduct alleged against the person or for |
|
which the person was referred to the juvenile justice system; |
|
(3) the date on which and the county in which each |
|
instance of conduct was alleged to have occurred; |
|
(4) if any petitions relating to the person were filed |
|
in juvenile court, the cause number assigned to each petition and |
|
the court and county in which each petition was filed; and |
|
(5) a list of the entities believed to be in possession |
|
of the records that have been ordered sealed, including the |
|
entities listed under Subsection (b). |
|
(b) Not later than the 60th day after the date of the entry |
|
of the order, the court shall provide a copy of the order to: |
|
(1) the Department of Public Safety; |
|
(2) the Texas Juvenile Justice Department, if the |
|
person was committed to the department; |
|
(3) the clerk of court; |
|
(4) the juvenile probation department serving the |
|
court; |
|
(5) the prosecutor's office; |
|
(6) each law enforcement agency that had contact with |
|
the person in relation to the conduct that is the subject of the |
|
sealing order; |
|
(7) each public or private agency that had custody of |
|
or that provided supervision or services to the person in relation |
|
to the conduct that is the subject of the sealing order; and |
|
(8) each official, agency, or other entity that the |
|
court has reason to believe has any record containing information |
|
that is related to the conduct that is the subject of the sealing |
|
order. |
|
(c) On entry of the order, all adjudications relating to the |
|
person are vacated and the proceedings are dismissed and treated |
|
for all purposes as if the adjudication had never occurred. The |
|
clerk of court shall: |
|
(1) seal all court records relating to the |
|
proceedings, including any records created in the clerk's case |
|
management system; and |
|
(2) send copies of the order to all entities listed in |
|
the order. |
|
Sec. 58.259. ACTIONS TAKEN ON RECEIPT OF ORDER TO SEAL |
|
RECORDS. (a) An entity receiving an order to seal the records of a |
|
person issued under this subchapter shall, not later than the 61st |
|
day after the date of receiving the order, take the following |
|
actions, as applicable: |
|
(1) the Department of Public Safety shall: |
|
(A) limit access to the records relating to the |
|
person in the juvenile justice information system to only the Texas |
|
Juvenile Justice Department for the purpose of conducting research |
|
and statistical studies; |
|
(B) destroy any other records relating to the |
|
person in the department's possession, including DNA records as |
|
provided by Section 411.151, Government Code; and |
|
(C) send written verification of the limitation |
|
and destruction of the records to the issuing court; |
|
(2) the Texas Juvenile Justice Department shall: |
|
(A) seal all records relating to the person, |
|
other than those exempted from sealing under Section 58.252; and |
|
(B) send written verification of the sealing of |
|
the records to the issuing court; |
|
(3) a public or private agency or institution that had |
|
custody of or provided supervision or services to the person who is |
|
the subject of the records, the juvenile probation department, a |
|
law enforcement entity, or a prosecuting attorney shall: |
|
(A) seal all records relating to the person; and |
|
(B) send written verification of the sealing of |
|
the records to the issuing court; and |
|
(4) any other entity that receives an order to seal a |
|
person's records shall: |
|
(A) send any records relating to the person to |
|
the issuing court; |
|
(B) delete all index references to the person's |
|
records; and |
|
(C) send written verification of the deletion of |
|
the index references to the issuing court. |
|
(b) Physical or electronic records are considered sealed, |
|
regardless of whether the records are destroyed, if the records are |
|
securely stored in a manner that only allows access to the records |
|
by the entity's custodian of records. |
|
(c) If an entity that received an order to seal records |
|
relating to a person later receives an inquiry about a person or the |
|
matter contained in the records, the entity must respond that no |
|
records relating to the person or the matter exist. |
|
(d) If an entity receiving an order to seal records under |
|
this subchapter is unable to comply with the order because the |
|
information in the order is incorrect or insufficient to allow the |
|
entity to identify the records that are subject to the order, the |
|
entity shall notify the issuing court not later than the 30th day |
|
after the date of receipt of the order. The court shall take any |
|
actions necessary and possible to provide the needed information to |
|
the entity, including contacting the person who is the subject of |
|
the order or the person's attorney. |
|
(e) If an entity receiving a sealing order under this |
|
subchapter has no records related to the person who is the subject |
|
of the order, the entity shall provide written verification of that |
|
fact to the issuing court not later than the 30th day after the date |
|
of receipt of the order. |
|
Sec. 58.260. INSPECTION AND RELEASE OF SEALED RECORDS. (a) |
|
A juvenile court may allow, by order, the inspection of records |
|
sealed under this subchapter only by: |
|
(1) a person named in the order, on the petition of the |
|
person who is the subject of the records; or |
|
(2) a prosecutor, on the petition of the prosecutor, |
|
for the purpose of reviewing the records for possible use: |
|
(A) in a capital prosecution; or |
|
(B) for the enhancement of punishment under |
|
Section 12.42, Penal Code. |
|
(b) After a petitioner inspects records under this section, |
|
the court may order the release of any or all of the records to the |
|
petitioner on the motion of the petitioner. |
|
Sec. 58.261. EFFECT OF SEALING RECORDS. (a) A person whose |
|
records have been sealed under this subchapter is not required to |
|
state in any proceeding or in any application for employment, |
|
licensing, admission, housing, or other public or private benefit |
|
that the person has been the subject of a juvenile matter. |
|
(b) A person's denial of the existence of records sealed |
|
under this subchapter or of the person's involvement in a juvenile |
|
matter, the information in the records, or the fact that the records |
|
once existed may not be used against the person in any manner, |
|
including in: |
|
(1) a perjury prosecution or other criminal |
|
proceeding; |
|
(2) a civil proceeding, including an administrative |
|
proceeding involving a governmental entity; |
|
(3) an application process for licensing or |
|
certification; or |
|
(4) an admission, employment, or housing decision. |
|
(c) A person who is the subject of records sealed under this |
|
subchapter may not waive the protected status of the records or the |
|
consequences of the protected status. |
|
Sec. 58.262. INFORMATION GIVEN TO CHILD REGARDING SEALING |
|
OF RECORDS. (a) When a child is referred to the juvenile probation |
|
department, an employee of the juvenile probation department shall |
|
give the child and the child's parent, guardian, or custodian a |
|
written explanation describing the process of sealing records under |
|
this subchapter and a copy of this subchapter. |
|
(b) On the final discharge of a child, or on the last |
|
official action in the matter if there is no adjudication, a |
|
probation officer or official at the Texas Juvenile Justice |
|
Department, as appropriate, shall give the child and the child's |
|
parent, guardian, or custodian a written explanation regarding the |
|
eligibility of the child's records for sealing under this |
|
subchapter and a copy of this subchapter. |
|
(c) The written explanation provided to a child under |
|
Subsections (a) and (b) must include the requirements for a record |
|
to be eligible for sealing, including an explanation of the records |
|
that are exempt from sealing under Section 58.252, and the |
|
following information: |
|
(1) that, regardless of whether the child's conduct |
|
was adjudicated, the child has a juvenile record with the |
|
Department of Public Safety and the Federal Bureau of |
|
Investigation; |
|
(2) the child's juvenile record is a permanent record |
|
unless the record is destroyed under this subchapter; |
|
(3) except as provided by Section 58.260, the child's |
|
juvenile record, other than treatment records made confidential by |
|
law, may be accessed by a police officer, sheriff, prosecutor, |
|
probation officer, correctional officer, or other criminal or |
|
juvenile justice official unless the record is sealed as provided |
|
by this subchapter; |
|
(4) sealing of the child's records under Section |
|
58.253 or Section 58.255, as applicable, does not require any |
|
action by the child or the child's family, including the filing of |
|
an application or hiring of a lawyer, but occurs automatically at |
|
age 18, 19, 25, or 31, as applicable based on the child's referral |
|
and adjudication history; |
|
(5) the child's juvenile record may be eligible for an |
|
earlier sealing date under Section 58.256, but an earlier sealing |
|
requires the child or an attorney for the child to file an |
|
application with the court; |
|
(6) the impact of sealing records on the child; and |
|
(7) the circumstances under which a sealed record may |
|
be reopened. |
|
(d) The Texas Juvenile Justice Department shall adopt rules |
|
to implement this section and to facilitate the effective |
|
explanation of the information required to be communicated by this |
|
section. |
|
Sec. 58.263. DESTRUCTION OF RECORDS: NO PROBABLE CAUSE. |
|
The court shall order the destruction of the records relating to the |
|
conduct for which a child is taken into custody, including records |
|
contained in the juvenile justice information system, if: |
|
(1) a determination is made under Section 53.01 that |
|
no probable cause exists to believe the child engaged in the conduct |
|
and the case is not referred to a prosecutor for review under |
|
Section 53.012; or |
|
(2) a determination that no probable cause exists to |
|
believe the child engaged in the conduct is made by a prosecutor |
|
under Section 53.012. |
|
Sec. 58.264. PERMISSIBLE DESTRUCTION OF RECORDS. (a) |
|
Subject to Subsections (b) and (c) of this section, Section |
|
202.001, Local Government Code, and any other restrictions imposed |
|
by an entity's records retention guidelines, the following persons |
|
may authorize the destruction of records in a closed juvenile |
|
matter, regardless of the date the records were created: |
|
(1) a juvenile board, in relation to the records in the |
|
possession of the juvenile probation department; |
|
(2) the head of a law enforcement agency, in relation |
|
to the records in the possession of the agency; and |
|
(3) a prosecuting attorney, in relation to the records |
|
in the possession of the prosecuting attorney's office. |
|
(b) The records related to a person referred to a juvenile |
|
probation department may be destroyed if the person: |
|
(1) is at least 18 years of age, and: |
|
(A) the most serious conduct for which the person |
|
was adjudicated was conduct indicating a need for supervision; |
|
(B) the most serious conduct for which the person |
|
was referred was conduct indicating a need for supervision and the |
|
person was not adjudicated as having engaged in the conduct; or |
|
(C) the referral or information did not relate to |
|
conduct indicating a need for supervision or delinquent conduct and |
|
the juvenile probation department, prosecutor, or juvenile court |
|
did not take action on the referral or information for that reason; |
|
(2) is at least 21 years of age, and: |
|
(A) the most serious conduct for which the person |
|
was adjudicated was delinquent conduct that violated a penal law of |
|
the grade of misdemeanor; or |
|
(B) the most serious conduct for which the person |
|
was referred was delinquent conduct and the person was not |
|
adjudicated as having engaged in the conduct; or |
|
(3) is at least 31 years of age and the most serious |
|
conduct for which the person was adjudicated was delinquent conduct |
|
that violated a penal law of the grade of felony. |
|
(c) If a record contains information relating to more than |
|
one person referred to a juvenile probation department, the record |
|
may only be destroyed if: |
|
(1) the destruction of the record is authorized under |
|
this section; and |
|
(2) information in the record that may be destroyed |
|
under this section can be separated from information that is not |
|
authorized to be destroyed. |
|
(d) Electronic records are considered to be destroyed if the |
|
electronic records, including the index to the records, are |
|
deleted. |
|
(e) Converting physical records to electronic records and |
|
subsequently destroying the physical records while maintaining the |
|
electronic records is not considered destruction of a record under |
|
this subchapter. |
|
(f) This section does not authorize the destruction of the |
|
records of the juvenile court or clerk of court. |
|
(g) This section does not authorize the destruction of |
|
records maintained for statistical and research purposes by the |
|
Texas Juvenile Justice Department in a juvenile information and |
|
case management system authorized under Section 58.403. |
|
(h) This section does not affect the destruction of physical |
|
records and files authorized by the Texas State Library Records |
|
Retention Schedule. |
|
Sec. 58.265. JUVENILE RECORDS NOT SUBJECT TO EXPUNCTION. |
|
Records to which this chapter applies are not subject to an order of |
|
expunction issued by any court. |
|
SECTION 18. Section 58.112, Family Code, is transferred to |
|
Chapter 203, Human Resources Code, and redesignated as Section |
|
203.019, Human Resources Code, to read as follows: |
|
Sec. 203.019 [58.112]. REPORT TO LEGISLATURE. Not later |
|
than August 15 of each year, the Texas Juvenile Justice Department |
|
shall submit to the lieutenant governor, the speaker of the house of |
|
representatives, and the governor a report that contains the |
|
following statistical information relating to children referred to |
|
a juvenile court during the preceding year: |
|
(1) the ages, races, and counties of residence of the |
|
children transferred to a district court or criminal district court |
|
for criminal proceedings; and |
|
(2) the ages, races, and counties of residence of the |
|
children committed to the Texas Juvenile Justice Department, placed |
|
on probation, or discharged without any disposition. |
|
SECTION 19. Section 411.151(a), Government Code, is amended |
|
to read as follows: |
|
(a) The director shall expunge a DNA record of an individual |
|
from a DNA database if the person: |
|
(1) notifies the director in writing that the DNA |
|
record has been ordered to be expunged under this section or Chapter |
|
55, Code of Criminal Procedure, and provides the director with a |
|
certified copy of the court order that expunges the DNA record; or |
|
(2) provides the director with a certified copy of a |
|
court order issued under Subchapter C-1, Chapter 58 [Section
|
|
58.003], Family Code, that seals the juvenile record of the |
|
adjudication that resulted in the DNA record. |
|
SECTION 20. The following provisions of the Family Code are |
|
repealed: |
|
(1) Section 58.001(b); |
|
(2) Section 58.003; |
|
(3) Section 58.006; |
|
(4) Sections 58.007(c), (d), (e), and (f); |
|
(5) Section 58.0071; |
|
(6) Section 58.00711; |
|
(7) Section 58.106(a-1); and |
|
(8) Subchapter C, Chapter 58. |
|
SECTION 21. (a) Except as provided by Subsection (b), the |
|
changes in law made by this Act apply only to records relating to |
|
conduct that occurs on or after the effective date of this Act. |
|
Conduct that occurred before the effective date of this Act is |
|
governed by the law in effect on the date the conduct occurred, and |
|
the former law is continued in effect for that purpose. For |
|
purposes of this section, conduct occurred before the effective |
|
date of this Act if any element of the conduct occurred before the |
|
effective date of this Act. |
|
(b) Section 58.264, Family Code, as added by this Act, |
|
applies to records relating to conduct that occurred before, on, or |
|
after the effective date of this Act. |
|
SECTION 22. This Act takes effect September 1, 2017. |