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A BILL TO BE ENTITLED
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AN ACT
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relating to the disclosure of confidential juvenile records to a |
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managed assigned counsel program. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 51.02, Family Code, is amended by adding |
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Subdivision (7-a) to read as follows: |
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(7-a) "Managed assigned counsel program" has the |
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meaning assigned by Article 26.047, Code of Criminal Procedure. |
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SECTION 2. Section 58.004(b), Family Code, is amended to |
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read as follows: |
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(b) This section does not apply to information that is: |
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(1) necessary for an agency to provide services to the |
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victim; |
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(2) necessary for law enforcement purposes; |
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(3) shared within the statewide juvenile information |
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and case management system established under Subchapter E; |
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(4) shared with an attorney representing the child in |
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a proceeding under this title; [or] |
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(5) shared with an attorney representing any other |
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person in a juvenile or criminal court proceeding arising from the |
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same act or conduct for which the child was referred to juvenile |
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court; or |
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(6) shared with a managed assigned counsel program |
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responsible for appointing an attorney to represent the child in a |
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proceeding under this title to determine indigence or fulfill the |
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program's duties in appointing and overseeing appointed counsel |
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once a request for appointed counsel is made. |
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SECTION 3. Section 58.005(a-1), Family Code, is amended to |
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read as follows: |
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(a-1) Except as provided by Article 15.27, Code of Criminal |
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Procedure, the records and information to which this section |
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applies may be disclosed only to: |
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(1) the professional staff or consultants of the |
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agency or institution; |
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(2) the judge, probation officers, and professional |
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staff or consultants of the juvenile court; |
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(3) an attorney for the child; |
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(4) a governmental agency if the disclosure is |
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required or authorized by law; |
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(5) an individual or entity to whom the child is |
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referred for treatment or services, including assistance in |
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transitioning the child to the community after the child's release |
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or discharge from a juvenile facility; |
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(6) the Texas Department of Criminal Justice and the |
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Texas Juvenile Justice Department for the purpose of maintaining |
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statistical records of recidivism and for diagnosis and |
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classification; |
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(7) a prosecuting attorney; |
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(8) a parent, guardian, or custodian with whom a child |
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will reside after the child's release or discharge from a juvenile |
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facility; |
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(9) a governmental agency or court if the record is |
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necessary for an administrative or legal proceeding and the |
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personally identifiable information about the child is redacted |
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before the record is disclosed; [or] |
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(10) with permission from the juvenile court, any |
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other individual, agency, or institution having a legitimate |
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interest in the proceeding or in the work of the court; or |
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(11) a managed assigned counsel program responsible |
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for appointing an attorney to represent the child in a juvenile |
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delinquency proceeding to determine indigence or fulfill the |
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program's duties in appointing and overseeing appointed counsel |
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once a request for appointed counsel is made. |
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SECTION 4. Section 58.007(b), Family Code, is amended to |
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read as follows: |
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(b) Except as provided by Section 54.051(d-1) and by Article |
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15.27, Code of Criminal Procedure, the records, whether physical or |
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electronic, of a juvenile court, a clerk of court, a juvenile |
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probation department, or a prosecuting attorney relating to a child |
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who is a party to a proceeding under this title may be inspected or |
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copied only by: |
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(1) the judge, probation officers, and professional |
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staff or consultants of the juvenile court; |
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(2) a juvenile justice agency as that term is defined |
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by Section 58.101; |
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(3) an attorney representing the child's parent in a |
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proceeding under this title; |
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(4) an attorney representing the child; |
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(5) a prosecuting attorney; |
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(6) an individual or entity to whom the child is |
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referred for treatment or services, including assistance in |
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transitioning the child to the community after the child's release |
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or discharge from a juvenile facility; |
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(7) a public or private agency or institution |
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providing supervision of the child by arrangement of the juvenile |
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court, or having custody of the child under juvenile court order; |
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[or] |
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(8) with permission from the juvenile court, any other |
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individual, agency, or institution having a legitimate interest in |
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the proceeding or in the work of the court; or |
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(9) a managed assigned counsel program responsible for |
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appointing an attorney to represent the child in a juvenile |
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delinquency proceeding to determine indigence or fulfill the |
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program's duties in appointing and overseeing appointed counsel |
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once a request for appointed counsel is made. |
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SECTION 5. Sections 58.004, 58.005, and 58.007, Family |
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Code, as amended by this Act, apply to records created before, on, |
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or after the effective date of this Act. |
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SECTION 6. This Act takes effect September 1, 2025. |