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A BILL TO BE ENTITLED
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AN ACT
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relating to the confidentiality of a child's criminal records |
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related to certain misdemeanor offenses. |
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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, as |
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amended by Chapters 1257 (H.B. 528), 1319 (S.B. 394), and 1407 (S.B. |
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393), Acts of the 83rd Legislature, Regular Session, 2013, is |
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reenacted and amended to read as follows: |
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Art. 44.2811. RECORDS RELATING TO CERTAIN [OR RECEIVING |
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DEFERRED DISPOSITION FOR] FINE-ONLY MISDEMEANORS COMMITTED BY A |
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CHILD. All records and files and information stored by electronic |
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means or otherwise, from which a record or file could be generated, |
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relating to a criminal case for a fine-only misdemeanor, other than |
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a traffic offense, that is committed by a child and that is appealed |
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are confidential and may not be disclosed to the public except as |
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provided under Article 45.0217(b). [(a) This article applies only |
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to a misdemeanor offense punishable by fine only, other than a |
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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 offense described by Subsection (a) are |
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confidential and may not be disclosed to the public except as |
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provided under Article 45.0217(b).] |
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SECTION 2. Article 45.0217, Code of Criminal Procedure, as |
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amended by Chapters 1257 (H.B. 528), 1319 (S.B. 394), and 1407 (S.B. |
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393), Acts of the 83rd Legislature, Regular Session, 2013, is |
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reenacted and amended to read as follows: |
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Art. 45.0217. CONFIDENTIAL RECORDS RELATED TO CHARGES |
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AGAINST OR [THE] CONVICTION OF [OR DEFERRAL OF DISPOSITION FOR] A |
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CHILD. (a) [This article applies only to a misdemeanor offense |
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punishable by fine 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 charged with, is convicted of, is found not guilty |
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of, had a charge dismissed for, or is granted deferred disposition |
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for a fine-only misdemeanor [for or who has received a dismissal |
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after deferral of disposition for an] offense other than a traffic |
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offense [described by Subsection (a)] are confidential and may not |
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be disclosed to the public. |
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(b) Information subject to Subsection (a) [(a-1)] 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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(c) In this article, "child" has the meaning assigned by |
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Article 45.058(h). |
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SECTION 3. This Act takes effect September 1, 2021. |
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* * * * * |