By: Gallego H.B. No. 3695
A BILL TO BE ENTITLED
AN ACT
relating to confidentiality of Class C misdemeanor records related
to the conviction of a child.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Amend Chapter 44, Code of Criminal Procedure, by adding
Article 44.2811 as follows:
Art. 44.2811. RECORDS RELATING TO CHILDREN CONVICTED OF FINE-ONLY
MISDEMEANORS. All records and files and information stored by
electronic means or otherwise, from which a record or file could be
generated, relating to a child who is convicted of and has satisfied
the judgment for a fine-only misdemeanor offense other than a
traffic offense are confidential and may not be disclosed to the
public except as provided under Article 45.0217(b). All records
and files and information stored by electronic means or otherwise,
from which a record or file could be generated, relating to a child
whose conviction for a fine-only misdemeanor other than a traffic
offense is affirmed are confidential upon satisfaction of the
judgment and may not be disclosed to the public except as provided
under Article 45.0217(b).
SECTION 2. Amend Chapter 45, Code of Criminal Procedure, by adding
Article 45.0217 as follows:
Art. 45.0217. CONFIDENTIAL RECORDS RELATED TO THE CONVICTION OF A
CHILD. (a) Except as provided by Article 15.27, Code of Criminal
Procedure, and Subsection (b) of this section, all records and
files, including those held by law enforcement, and information
stored by electronic means or otherwise, from which a record or file
could be generated, relating to a child who is convicted of and has
satisfied the judgment for a fine-only misdemeanor offense other
than a traffic offense are confidential and may not be disclosed to
the public.
(b) Information subject to Subsection (a) may be open to
inspection only by:
(1) judges or court staff;
(2) a criminal justice agency for a criminal justice
purpose, as those terms are defined by Section 411.082, Government
Code;
(3) the Department of Public Safety;
(4) an attorney for a party to the proceeding;
(5) the child defendant; or
(6) the defendant's parent, guardian, or managing
conservator.
SECTION 3. Repeal subsections (f-1) and (j) Government Code Sec.
411.081.
SECTION 4. Amend Government Code Sec. 411.0851 as follows:
411.0851. DUTY OF PRIVATE ENTITY TO UPDATE CRIMINAL HISTORY RECORD
INFORMATION; CIVIL LIABILITY. (a) A private entity that compiles
and disseminates for compensation criminal history record
information shall destroy and may not disseminate any information
in the possession of the entity with respect to which the entity has
received notice that:
(1) an order of expunction has been issued under Article
55.02, Code of Criminal Procedure; or
(2) an order of nondisclosure has been issued under Section
411.081(d) or (f 1).
SECTION 5. Amend Government Code Sec. 552.142 as follows:
Sec. 552.142. EXCEPTION: RECORDS OF CERTAIN DEFERRED
ADJUDICATIONS AND CERTAIN MISDEMEANORS PUNISHABLE BY FINE ONLY. (a)
Information is excepted from the requirements of Section 552.021 if
an order of nondisclosure with respect to the information has been
issued under Section 411.081(d) or (f 1).
SECTION 6. Amend Government Code Sec. 552.1425 as follows:
Sec. 552.1425. CIVIL PENALTY: DISSEMINATION OF CERTAIN CRIMINAL
HISTORY INFORMATION. (a) A private entity that compiles and
disseminates for compensation criminal history record information
may not compile or disseminate information with respect to which
the entity has received notice that:
(1) an order of expunction has been issued under Article
55.02, Code of Criminal Procedure; or
(2) an order of nondisclosure has been issued under Section
411.081(d) or (f 1).
SECTION 7. Amend Chapter 58, Family Code, by adding Section
58.00711 as follows:
Sec. 58.00711. RECORDS RELATING TO CHILDREN CONVICTED OF
FINE-ONLY MISDEMEANORS. Except as provided by Article 45.0217(b),
Code of Criminal Procedure, all records and files and information
stored by electronic means or otherwise, from which a record or file
could be generated, relating to a child who is convicted of and has
satisfied the judgment for a fine-only misdemeanor offense other
than a traffic offense are confidential and may not be disclosed to
the public.
SECTION 8. The changes in law made by this Act apply to
convictions before, on, or after the effective date of this Act.
SECTION 9. This Act takes effect September 1, 2011.