Texas 2011 - 82nd Regular

Texas House Bill HB961 Compare Versions

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1	1	By: Turner (Senate Sponsor - Hinojosa) H.B. No. 961
2	2	(In the Senate - Received from the House May 5, 2011;
3	3	May 9, 2011, read first time and referred to Committee on Criminal
4	4	Justice; May 19, 2011, reported favorably by the following vote:
5	5	Yeas 7, Nays 0; May 19, 2011, sent to printer.)
6	6
7	7
8	8	A BILL TO BE ENTITLED
9	9	AN ACT
10	10	relating to the sealing of and restricting access to juvenile
11	11	records of adjudications of delinquent conduct or conduct
12	12	indicating a need for supervision and to the confidentiality of
13	13	records of certain misdemeanor convictions of a child.
14	14	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
15	15	SECTION 1. Chapter 44, Code of Criminal Procedure, is
16	16	amended by adding Article 44.2811 to read as follows:
17	17	Art. 44.2811. RECORDS RELATING TO CHILDREN CONVICTED OF
18	18	FINE-ONLY MISDEMEANORS. All records and files and information
19	19	stored by electronic means or otherwise, from which a record or file
20	20	could be generated, relating to a child who is convicted of and has
21	21	satisfied the judgment for a fine-only misdemeanor offense other
22	22	than a traffic offense are confidential and may not be disclosed to
23	23	the public except as provided under Article 45.0217(b). All
24	24	records and files and information stored by electronic means or
25	25	otherwise, from which a record or file could be generated, relating
26	26	to a child whose conviction for a fine-only misdemeanor other than a
27	27	traffic offense is affirmed are confidential upon satisfaction of
28	28	the judgment and may not be disclosed to the public except as
29	29	provided under Article 45.0217(b).
30	30	SECTION 2. Subchapter B, Chapter 45, Code of Criminal
31	31	Procedure, is amended by adding Article 45.0217 to read as follows:
32	32	Art. 45.0217. CONFIDENTIAL RECORDS RELATED TO THE
33	33	CONVICTION OF A CHILD. (a) Except as provided by Article 15.27 and
34	34	Subsection (b), all records and files, including those held by law
35	35	enforcement, and information stored by electronic means or
36	36	otherwise, from which a record or file could be generated, relating
37	37	to a child who is convicted of and has satisfied the judgment for a
38	38	fine-only misdemeanor offense other than a traffic offense are
39	39	confidential and may not be disclosed to the public.
40	40	(b) Information subject to Subsection (a) may be open to
41	41	inspection only by:
42	42	(1) judges or court staff;
43	43	(2) a criminal justice agency for a criminal justice
44	44	purpose, as those terms are defined by Section 411.082, Government
45	45	Code;
46	46	(3) the Department of Public Safety;
47	47	(4) an attorney for a party to the proceeding;
48	48	(5) the child defendant; or
49	49	(6) the defendant's parent, guardian, or managing
50	50	conservator.
51	51	SECTION 3. Section 58.003(c), Family Code, is amended to
52	52	read as follows:
53	53	(c) Subject to Subsection (b), a court may order the sealing
54	54	of records concerning a person adjudicated as having engaged in
55	55	delinquent conduct that violated a penal law of the grade of felony
56	56	only if:
57	57	(1) the person is 19 [21] years of age or older;
58	58	(2) the person was not transferred by a juvenile court
59	59	under Section 54.02 to a criminal court for prosecution;
60	60	(3) the records have not been used as evidence in the
61	61	punishment phase of a criminal proceeding under Section 3(a),
62	62	Article 37.07, Code of Criminal Procedure; and
63	63	(4) the person has not been convicted of a penal law of
64	64	the grade of felony after becoming age 17.
65	65	SECTION 4. Subchapter A, Chapter 58, Family Code, is
66	66	amended by adding Section 58.00711 to read as follows:
67	67	Sec. 58.00711. RECORDS RELATING TO CHILDREN CONVICTED OF
68	68	FINE-ONLY MISDEMEANORS. Except as provided by Article 45.0217(b),
69	69	Code of Criminal Procedure, all records and files and information
70	70	stored by electronic means or otherwise, from which a record or file
71	71	could be generated, relating to a child who is convicted of and has
72	72	satisfied the judgment for a fine-only misdemeanor offense other
73	73	than a traffic offense are confidential and may not be disclosed to
74	74	the public.
75	75	SECTION 5. Section 58.203(a), Family Code, is amended to
76	76	read as follows:
77	77	(a) The department shall certify to the juvenile probation
78	78	department to which a referral was made that resulted in
79	79	information being submitted to the juvenile justice information
80	80	system that the records relating to a person's juvenile case are
81	81	subject to automatic restriction of access if:
82	82	(1) the person is at least 17 [21] years of age;
83	83	(2) the juvenile case did not include violent or
84	84	habitual felony conduct resulting in proceedings in the juvenile
85	85	court under Section 53.045; and
86	86	(3) the juvenile case was not certified for trial in
87	87	criminal court under Section 54.02[; and
88	88	[(4) the department has not received a report in its
89	89	criminal history system that the person was granted deferred
90	90	adjudication for or convicted of a felony or a misdemeanor
91	91	punishable by confinement in jail for an offense committed after
92	92	the person became 17 years of age].
93	93	SECTION 6. Section 58.208, Family Code, is amended to read
94	94	as follows:
95	95	Sec. 58.208. INFORMATION TO CHILD ON DISCHARGE. On the
96	96	final discharge of a child from the juvenile system or on the last
97	97	official action in the case, if there is no adjudication, the
98	98	appropriate juvenile justice official shall provide to the child:
99	99	(1) a written explanation of how automatic restricted
100	100	access under this subchapter works;
101	101	(2) a copy of this subchapter; and
102	102	(3) a statement that if the child wishes to receive
103	103	notification of an action restricting access to the child's records
104	104	under Section 58.207(a), the child must before the child's 17th
105	105	[21st] birthday provide the juvenile probation department with a
106	106	current address where the child can receive notification.
107	107	SECTION 7. Section 58.209(a), Family Code, is amended to
108	108	read as follows:
109	109	(a) When a child is placed on probation for an offense that
110	110	may be eligible for automatic restricted access at age 17 [21] or
111	111	when a child is received by the Texas Youth Commission on an
112	112	indeterminate commitment, a probation officer or an official at the
113	113	Texas Youth Commission reception center, as soon as practicable,
114	114	shall explain the substance of the following information to the
115	115	child:
116	116	(1) if the child was adjudicated as having committed
117	117	delinquent conduct for a felony or jailable misdemeanor, that the
118	118	child probably has a juvenile record with the department and the
119	119	Federal Bureau of Investigation;
120	120	(2) that the child's juvenile record is a permanent
121	121	record that is not destroyed or erased unless the record is eligible
122	122	for sealing and the child or the child's family hires a lawyer and
123	123	files a petition in court to have the record sealed;
124	124	(3) that the child's juvenile record, other than
125	125	treatment records made confidential by law, can be accessed by
126	126	police, sheriff's officers, prosecutors, probation officers,
127	127	correctional officers, and other criminal and juvenile justice
128	128	officials in this state and elsewhere;
129	129	(4) that the child's juvenile record, other than
130	130	treatment records made confidential by law, can be accessed by
131	131	employers, educational institutions, licensing agencies, and other
132	132	organizations when the child applies for employment or educational
133	133	programs;
134	134	(5) if the child's juvenile record is placed on
135	135	restricted access when the child becomes 17 [21] years of age, that
136	136	access will be denied to employers, educational institutions, and
137	137	others except for criminal justice agencies; and
138	138	(6) [that to have the child's juvenile record placed on
139	139	restricted access at age 21, the child must not:
140	140	[(A) commit a felony or jailable misdemeanor; and
141	141	[(B) receive deferred adjudication for or be
142	142	convicted in adult court of a felony or jailable misdemeanor; and
143	143	[(7)] that restricted access does not require any
144	144	action by the child or the child's family, including the filing of a
145	145	petition or hiring of a lawyer, but occurs automatically at age 17
146	146	[21 if the child does not commit a criminal offense in the future].
147	147	SECTION 8. Section 411.0851(a), Government Code, is amended
148	148	to read as follows:
149	149	(a) A private entity that compiles and disseminates for
150	150	compensation criminal history record information shall destroy and
151	151	may not disseminate any information in the possession of the entity
152	152	with respect to which the entity has received notice that:
153	153	(1) an order of expunction has been issued under
154	154	Article 55.02, Code of Criminal Procedure; or
155	155	(2) an order of nondisclosure has been issued under
156	156	Section 411.081(d) [or (f-1)].
157	157	SECTION 9. The heading to Section 552.142, Government Code,
158	158	is amended to read as follows:
159	159	Sec. 552.142. EXCEPTION: RECORDS OF CERTAIN DEFERRED
160	160	ADJUDICATIONS [AND CERTAIN MISDEMEANORS PUNISHABLE BY FINE ONLY].
161	161	SECTION 10. Section 552.142(a), Government Code, is amended
162	162	to read as follows:
163	163	(a) Information is excepted from the requirements of
164	164	Section 552.021 if an order of nondisclosure with respect to the
165	165	information has been issued under Section 411.081(d) [or (f-1)].
166	166	SECTION 11. Section 552.1425(a), Government Code, is
167	167	amended to read as follows:
168	168	(a) A private entity that compiles and disseminates for
169	169	compensation criminal history record information may not compile or
170	170	disseminate information with respect to which the entity has
171	171	received notice that:
172	172	(1) an order of expunction has been issued under
173	173	Article 55.02, Code of Criminal Procedure; or
174	174	(2) an order of nondisclosure has been issued under
175	175	Section 411.081(d) [or (f-1)].
176	176	SECTION 12. Sections 411.081(f-1) and (j), Government Code,
177	177	are repealed.
178	178	SECTION 13. Sections 58.003(c), 58.203(a), 58.208, and
179	179	58.209(a), Family Code, as amended by this Act, apply to the sealing
180	180	of and restricting access to records in the adjudication of a
181	181	juvenile case on or after the effective date of this Act, regardless
182	182	of whether the adjudication occurred before, on, or after the
183	183	effective date of this Act.
184	184	SECTION 14. Articles 44.2811 and 45.0217, Code of Criminal
185	185	Procedure, and Section 58.00711, Family Code, as added by this Act,
186	186	and Sections 411.0851(a), 552.142, and 552.1425(a), Government
187	187	Code, as amended by this Act, apply to convictions before, on, or
188	188	after the effective date of this Act.
189	189	SECTION 15. This Act takes effect immediately if it
190	190	receives a vote of two-thirds of all the members elected to each
191	191	house, as provided by Section 39, Article III, Texas Constitution.
192	192	If this Act does not receive the vote necessary for immediate
193	193	effect, this Act takes effect September 1, 2011.
194	194	* * * * *