BILL ANALYSIS

H.B. 4885

By: Moody

Criminal Jurisprudence

Committee Report (Unamended)

BACKGROUND AND PURPOSE

Under state law, almost all information in juvenile cases is confidential; however, there are a few entities and individuals who may access this information for limited purposes, such as prosecutors, the child's parents, and the child's attorney. The bill author has informed the committee that managed assigned counsel programs require but are not granted access to juvenile case information in order to review when a child's parents qualify for appointed counsel, screen potential counsel for conflicts, and take care of related matters. H.B. 4885 seeks to address this issue by including managed assigned counsel programs among the entities to whom confidential facility records and information concerning a child may be disclosed and that may access certain confidential records relating to a child who is a party to a juvenile proceeding.

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. 4885 amends the Family Code to expand the entities to whom confidential facility records and information concerning a child may be disclosed under the juvenile justice code and that may inspect or copy confidential records of a juvenile probation department, prosecuting attorney, juvenile court, or clerk of court relating to a child who is a party to a proceeding under that code, with certain exceptions, to include a managed assigned counsel program responsible for appointing an attorney to represent the child in a juvenile delinquency proceeding to determine indigence or fulfill the program's duties in appointing and overseeing appointed counsel once a request for appointed counsel is made. Accordingly, the bill excepts information in a juvenile court record that is shared with a managed assigned counsel program responsible for appointing an attorney for such purposes from the requirement relating to the redaction of any personally identifiable information about a victim who was under 18 years of age on the date of the conduct of the child who is the subject of that juvenile court record.

H.B. 4885 defines "managed assigned counsel program" by reference to its meaning assigned by applicable Code of Criminal Procedure provisions. The bill applies to records created before, on, or after the bill's effective date.

EFFECTIVE DATE

September 1, 2025.