Texas 2011 - 82nd Regular

Texas House Bill HB3695 Compare Versions

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1	1	82R21310 KCR-D
2	2	By: Gallego, Mallory Caraway H.B. No. 3695
3	3	Substitute the following for H.B. No. 3695:
4	4	By: Gallego C.S.H.B. No. 3695
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the confidentiality of records and files related to a
10	10	child who is charged with or convicted of certain misdemeanors
11	11	punishable by a fine only or is found to have engaged in certain
12	12	conduct indicating a need for supervision.
13	13	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	14	SECTION 1. Chapter 44, Code of Criminal Procedure, is
15	15	amended by adding Article 44.282 to read as follows:
16	16	Art. 44.282. RECORDS AND FILES RELATING TO CERTAIN
17	17	CHILDREN. (a) In this article, "child" has the meaning assigned by
18	18	Section 51.02, Family Code.
19	19	(b) All records and files relating to a child who is
20	20	appealing a conviction from a municipal court or a justice court for
21	21	a misdemeanor offense punishable by a fine only, other than a
22	22	traffic offense, are confidential during the pendency of the appeal
23	23	and may not be disclosed except as provided by Article 45.0217(c).
24	24	(c) All records and files relating to a child whose
25	25	conviction from a municipal court or a justice court for a
26	26	misdemeanor offense punishable by a fine only, other than a traffic
27	27	offense, was appealed are confidential following the disposition of
28	28	the appeal and may not be disclosed except as provided by Article
29	29	45.0217(c):
30	30	(1) on satisfaction of the judgment, if the conviction
31	31	is affirmed; or
32	32	(2) on reversal or remand of the conviction.
33	33	SECTION 2. Chapter 45, Code of Criminal Procedure, is
34	34	amended by adding Article 45.0217 to read as follows:
35	35	Art. 45.0217. CONFIDENTIALITY OF CERTAIN CONVICTION
36	36	RECORDS AND FILES OF CHILDREN. (a) In this article, "child" has
37	37	the meaning assigned by Section 51.02, Family Code.
38	38	(b) Except as provided by Subsection (c), on satisfaction of
39	39	the judgment, all records and files relating to a child who is
40	40	convicted of a misdemeanor offense punishable by a fine only, other
41	41	than a traffic offense, including records and files held by a law
42	42	enforcement agency, are confidential and may not be disclosed.
43	43	(c) Records and files relating to a child convicted of a
44	44	misdemeanor offense punishable by a fine only, other than a traffic
45	45	offense, may be disclosed to:
46	46	(1) a judge or magistrate, including the staff of a
47	47	judge or magistrate;
48	48	(2) the Department of Public Safety or another
49	49	criminal justice agency, for a criminal justice purpose, as those
50	50	terms are defined by Section 411.082, Government Code;
51	51	(3) the attorney for the child;
52	52	(4) the prosecuting attorney;
53	53	(5) the child and the child's parent, guardian, or
54	54	managing conservator; and
55	55	(6) a person to whom information is required to be
56	56	disclosed under Article 15.27.
57	57	SECTION 3. Section 411.0851(a), Government Code, is amended
58	58	to read as follows:
59	59	(a) A private entity that compiles and disseminates for
60	60	compensation criminal history record information shall destroy and
61	61	may not disseminate any information in the possession of the entity
62	62	with respect to which the entity has received notice that:
63	63	(1) an order of expunction has been issued under
64	64	Article 55.02, Code of Criminal Procedure; or
65	65	(2) an order of nondisclosure has been issued under
66	66	Section 411.081(d) [or (f-1)].
67	67	SECTION 4. The heading to Section 552.142, Government Code,
68	68	is amended to read as follows:
69	69	Sec. 552.142. EXCEPTION: RECORDS OF CERTAIN DEFERRED
70	70	ADJUDICATIONS [AND CERTAIN MISDEMEANORS PUNISHABLE BY FINE ONLY].
71	71	SECTION 5. Section 552.142(a), Government Code, is amended
72	72	to read as follows:
73	73	(a) Information is excepted from the requirements of
74	74	Section 552.021 if an order of nondisclosure with respect to the
75	75	information has been issued under Section 411.081(d) [or (f-1)].
76	76	SECTION 6. Section 552.1425(a), Government Code, is amended
77	77	to read as follows:
78	78	(a) A private entity that compiles and disseminates for
79	79	compensation criminal history record information may not compile or
80	80	disseminate information with respect to which the entity has
81	81	received notice that:
82	82	(1) an order of expunction has been issued under
83	83	Article 55.02, Code of Criminal Procedure; or
84	84	(2) an order of nondisclosure has been issued under
85	85	Section 411.081(d) [or (f-1)].
86	86	SECTION 7. Section 58.005, Family Code, is amended by
87	87	amending Subsection (b) and adding Subsection (c) to read as
88	88	follows:
89	89	(b) Subsection (a) [This section] does not apply to
90	90	information collected under Section 58.104 or under Subchapter D-1.
91	91	(c) Except as provided by Article 45.0217(c), Code of
92	92	Criminal Procedure, all records and files relating to a child who is
93	93	convicted of a misdemeanor offense punishable by a fine only, other
94	94	than a traffic offense, or is found to have engaged in conduct
95	95	indicating a need for supervision that is described by Section
96	96	51.03(b)(1), are confidential and may not be disclosed:
97	97	(1) on satisfaction of the judgment, if the records
98	98	and files relate to a child who is convicted of a misdemeanor
99	99	offense punishable by a fine only, other than a traffic offense; or
100	100	(2) on completion of the terms of the disposition, if
101	101	the records and files relate to a child found to have engaged in
102	102	conduct indicating a need for supervision that is described by
103	103	Section 51.03(b)(1).
104	104	SECTION 8. Sections 411.081(f-1) and (j), Government Code,
105	105	are repealed.
106	106	SECTION 9. The changes in law made by this Act apply to all
107	107	records and files that exist on or after the effective date of this
108	108	Act, regardless of when the conviction or the finding that is the
109	109	subject of the records and files occurred or when the judgment
110	110	contained in the records and files was satisfied or the terms of the
111	111	disposition contained in the records and files was completed.
112	112	SECTION 10. This Act takes effect September 1, 2011.