BILL ANALYSIS

 

 

 

H.B. 2669

By: Guillen

Juvenile Justice & Family Issues

Committee Report (Unamended)

 

 

 

BACKGROUND AND PURPOSE

 

In the Code of Criminal Procedure, there is repeated language relating to the confidentiality of a child's criminal records for certain misdemeanor offenses. Concerns have been raised that this language may result in confusion and misinterpretation of the law which could be resolved by eliminating repetition in the code relating to juvenile criminal records. H.B. 2669 seeks to address this issue and to help ensure the confidentiality of these records relating to a child who is charged with or convicted of a fine-only misdemeanor other than a traffic offense or whose conviction for such an offense is appealed.

 

CRIMINAL JUSTICE IMPACT

 

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

 

RULEMAKING AUTHORITY

 

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

 

ANALYSIS

 

H.B. 2669 reenacts and amends Articles 44.2811 and 45.0217, Code of Criminal Procedure, as amended by Chapters 1257 (H.B. 528), 1319 (S.B. 394), and 1407 (S.B. 393), Acts of the 83rd Legislature, Regular Session, 2013, to conform to changes made by Chapter 1257. The bill clarifies that the following information is confidential and prohibited from being disclosed to the public, with limited exceptions: all records, files, and information stored by electronic means or otherwise, from which a record or file could be generated, relating to a child who is charged with or convicted of a fine-only misdemeanor other than a traffic offense or whose conviction for such an offense is appealed.

 

EFFECTIVE DATE

 

September 1, 2021.