Texas 2009 - 81st Regular

Texas House Bill HB4136 Compare Versions

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Old	New	Differences
1	1	H.B. No. 4136
2	2
3	3
4	4	AN ACT
5	5	relating to sealing court records containing medical information
6	6	for children who are victims of certain offenses.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	SECTION 1. Title 1, Code of Criminal Procedure, is amended
9	9	by adding Chapter 57C to read as follows:
10	10	CHAPTER 57C. SEALING OF COURT RECORDS CONTAINING MEDICAL
11	11	INFORMATION FOR CERTAIN CHILD VICTIMS
12	12	Art. 57C.01. DEFINITIONS. In this chapter:
13	13	(1) "Child" means a person who is younger than 18
14	14	years of age.
15	15	(2) "Medical records" means any information used
16	16	or generated by health care providers, including records relating
17	17	to emergency room treatment, rehabilitation therapy, or
18	18	counseling.
19	19	Art. 57C.02. SEALING OF RECORDS. (a) Except as provided by
20	20	Subsection (c), on a motion filed by a person described by
21	21	Subsection (b), the court shall seal the medical records of a child
22	22	who is a victim of an offense described by Section 1, Article
23	23	38.071.
24	24	(b) A motion under this article may be filed on the court's
25	25	own motion or by:
26	26	(1) the attorney representing the state;
27	27	(2) the defendant; or
28	28	(3) the parent or guardian of the victim or, if the
29	29	victim is no longer a child, the victim.
30	30	(c) The court is not required to seal the records described
31	31	by this article on a finding of good cause after a hearing held
32	32	under Subsection (d).
33	33	(d) The court shall grant the motion without a hearing
34	34	unless the motion is contested not later than the seventh day after
35	35	the date the motion is filed.
36	36	(e) Medical records sealed under this chapter are not open
37	37	for inspection by any person except:
38	38	(1) on further order of the court after:
39	39	(A) notice to a parent or guardian of the victim
40	40	whose information is sealed or, if the victim is no longer a child,
41	41	notice to the victim; and
42	42	(B) a finding of good cause;
43	43	(2) in connection with a criminal or civil proceeding
44	44	as otherwise provided by law; or
45	45	(3) on request of a parent or legal guardian of the
46	46	victim whose information is being sealed or, if the victim is no
47	47	longer a child, on request of the victim.
48	48	(f) A clerk of court is not liable for any failure to seal
49	49	medical records after a motion under this chapter is granted,
50	50	except on a showing of bad faith.
51	51	SECTION 2. The change in law made by this Act applies only
52	52	to a motion to seal medical records that is made on or after the
53	53	effective date of this Act. A motion to seal medical records that
54	54	is made before the effective date of this Act is governed by the law
55	55	in effect immediately before the effective date of this Act, and the
56	56	former law is continued in effect for that purpose.
57	57	SECTION 3. This Act takes effect immediately if it receives
58	58	a vote of two-thirds of all the members elected to each house, as
59	59	provided by Section 39, Article III, Texas Constitution. If this
60	60	Act does not receive the vote necessary for immediate effect, this
61	61	Act takes effect September 1, 2009.
62	62	______________________________ ______________________________
63	63	President of the Senate Speaker of the House
64	64	I certify that H.B. No. 4136 was passed by the House on May 4,
65	65	2009, by the following vote: Yeas 122, Nays 0, 1 present, not
66	66	voting.
67	67	______________________________
68	68	Chief Clerk of the House
69	69	I certify that H.B. No. 4136 was passed by the Senate on May
70	70	26, 2009, by the following vote: Yeas 31, Nays 0.
71	71	______________________________
72	72	Secretary of the Senate
73	73	APPROVED: _____________________
74	74	Date
75	75	_____________________
76	76	Governor