By: Rios Ybarra, et al. H.B. No. 4136
A BILL TO BE ENTITLED
AN ACT
relating to sealing court records containing medical information
for children who are victims of certain offenses.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Title 1, Code of Criminal Procedure, is amended
by adding Chapter 57C to read as follows:
CHAPTER 57C. SEALING OF COURT RECORDS CONTAINING MEDICAL
INFORMATION FOR CERTAIN CHILD VICTIMS
Art. 57C.01. DEFINITIONS. In this chapter:
(1) "Child" means a person who is younger than 18
years of age.
(2) "Medical records" means any information used
or generated by health care providers, including records relating
to emergency room treatment, rehabilitation therapy, or
counseling.
Art. 57C.02. SEALING OF RECORDS. (a) Except as provided by
Subsection (c), on a motion filed by a person described by
Subsection (b), the court shall seal the medical records of a child
who is a victim of an offense described by Section 1, Article
38.071.
(b) A motion under this article may be filed on the court's
own motion or by:
(1) the attorney representing the state;
(2) the defendant; or
(3) the parent or guardian of the victim or, if the
victim is no longer a child, the victim.
(c) The court is not required to seal the records described
by this article on a finding of good cause after a hearing held
under Subsection (d).
(d) The court shall grant the motion without a hearing
unless the motion is contested not later than the seventh day after
the date the motion is filed.
(e) Medical records sealed under this chapter are not open
for inspection by any person except:
(1) on further order of the court after:
(A) notice to a parent or guardian of the victim
whose information is sealed or, if the victim is no longer a child,
notice to the victim; and
(B) a finding of good cause;
(2) in connection with a criminal or civil proceeding
as otherwise provided by law; or
(3) on request of a parent or legal guardian of the
victim whose information is being sealed or, if the victim is no
longer a child, on request of the victim.
(f) A clerk of court is not liable for any failure to seal
medical records after a motion under this chapter is granted,
except on a showing of bad faith.
SECTION 2. The change in law made by this Act applies only
to a motion to seal medical records that is made on or after the
effective date of this Act. A motion to seal medical records that
is made before the effective date of this Act is governed by the law
in effect immediately before the effective date of this Act, and the
former law is continued in effect for that purpose.
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2009.