82R21310 KCR-D
By: Gallego, Mallory Caraway H.B. No. 3695
Substitute the following for H.B. No. 3695:
By: Gallego C.S.H.B. No. 3695
A BILL TO BE ENTITLED
AN ACT
relating to the confidentiality of records and files related to a
child who is charged with or convicted of certain misdemeanors
punishable by a fine only or is found to have engaged in certain
conduct indicating a need for supervision.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 44, Code of Criminal Procedure, is
amended by adding Article 44.282 to read as follows:
Art. 44.282. RECORDS AND FILES RELATING TO CERTAIN
CHILDREN. (a) In this article, "child" has the meaning assigned by
Section 51.02, Family Code.
(b) All records and files relating to a child who is
appealing a conviction from a municipal court or a justice court for
a misdemeanor offense punishable by a fine only, other than a
traffic offense, are confidential during the pendency of the appeal
and may not be disclosed except as provided by Article 45.0217(c).
(c) All records and files relating to a child whose
conviction from a municipal court or a justice court for a
misdemeanor offense punishable by a fine only, other than a traffic
offense, was appealed are confidential following the disposition of
the appeal and may not be disclosed except as provided by Article
45.0217(c):
(1) on satisfaction of the judgment, if the conviction
is affirmed; or
(2) on reversal or remand of the conviction.
SECTION 2. Chapter 45, Code of Criminal Procedure, is
amended by adding Article 45.0217 to read as follows:
Art. 45.0217. CONFIDENTIALITY OF CERTAIN CONVICTION
RECORDS AND FILES OF CHILDREN. (a) In this article, "child" has
the meaning assigned by Section 51.02, Family Code.
(b) Except as provided by Subsection (c), on satisfaction of
the judgment, all records and files relating to a child who is
convicted of a misdemeanor offense punishable by a fine only, other
than a traffic offense, including records and files held by a law
enforcement agency, are confidential and may not be disclosed.
(c) Records and files relating to a child convicted of a
misdemeanor offense punishable by a fine only, other than a traffic
offense, may be disclosed to:
(1) a judge or magistrate, including the staff of a
judge or magistrate;
(2) the Department of Public Safety or another
criminal justice agency, for a criminal justice purpose, as those
terms are defined by Section 411.082, Government Code;
(3) the attorney for the child;
(4) the prosecuting attorney;
(5) the child and the child's parent, guardian, or
managing conservator; and
(6) a person to whom information is required to be
disclosed under Article 15.27.
SECTION 3. Section 411.0851(a), Government Code, is amended
to read as follows:
(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 4. The heading to Section 552.142, Government Code,
is amended to read as follows:
Sec. 552.142. EXCEPTION: RECORDS OF CERTAIN DEFERRED
ADJUDICATIONS [AND CERTAIN MISDEMEANORS PUNISHABLE BY FINE ONLY].
SECTION 5. Section 552.142(a), Government Code, is amended
to read as follows:
(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. Section 552.1425(a), Government Code, is amended
to read as follows:
(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. Section 58.005, Family Code, is amended by
amending Subsection (b) and adding Subsection (c) to read as
follows:
(b) Subsection (a) [This section] does not apply to
information collected under Section 58.104 or under Subchapter D-1.
(c) Except as provided by Article 45.0217(c), Code of
Criminal Procedure, all records and files relating to a child who is
convicted of a misdemeanor offense punishable by a fine only, other
than a traffic offense, or is found to have engaged in conduct
indicating a need for supervision that is described by Section
51.03(b)(1), are confidential and may not be disclosed:
(1) on satisfaction of the judgment, if the records
and files relate to a child who is convicted of a misdemeanor
offense punishable by a fine only, other than a traffic offense; or
(2) on completion of the terms of the disposition, if
the records and files relate to a child found to have engaged in
conduct indicating a need for supervision that is described by
Section 51.03(b)(1).
SECTION 8. Sections 411.081(f-1) and (j), Government Code,
are repealed.
SECTION 9. The changes in law made by this Act apply to all
records and files that exist on or after the effective date of this
Act, regardless of when the conviction or the finding that is the
subject of the records and files occurred or when the judgment
contained in the records and files was satisfied or the terms of the
disposition contained in the records and files was completed.
SECTION 10. This Act takes effect September 1, 2011.