By: West S.B. No. 394
(Herrero)
A BILL TO BE ENTITLED
AN ACT
relating to restricting access to records of children convicted of
or receiving deferred disposition for certain fine-only
misdemeanors.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 44.2811, Code of Criminal Procedure, is
amended to read as follows:
Art. 44.2811. RECORDS RELATING TO CHILDREN CONVICTED OF OR
RECEIVING DEFERRED DISPOSITION FOR FINE-ONLY MISDEMEANORS.
(a) This article applies only to a misdemeanor offense punishable
by fine only, other than a traffic offense.
(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 who is convicted of and has satisfied
the judgment for or who has received a dismissal after deferral of
disposition for an [a fine-only misdemeanor] offense described by
Subsection (a) [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. Article 45.0217, Code of Criminal Procedure, is
amended to read as follows:
Art. 45.0217. CONFIDENTIAL RECORDS RELATED TO THE
CONVICTION OF OR DEFERRAL OF DISPOSITION FOR A CHILD. (a) This
article applies only to a misdemeanor offense punishable by fine
only, other than a traffic offense.
(a-1) Except as provided by Article 15.27 and Subsection
(b), 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 or
who has received a dismissal after deferral of disposition for an [a
fine-only misdemeanor] offense described by Subsection (a) [other
than a traffic offense] are confidential and may not be disclosed to
the public.
(b) Information subject to Subsection (a-1) [(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. Section 58.00711, Family Code, is amended to
read as follows:
Sec. 58.00711. RECORDS RELATING TO CHILDREN CONVICTED OF OR
RECEIVING DEFERRED DISPOSITION FOR FINE-ONLY MISDEMEANORS.
(a) This section applies only to a misdemeanor offense punishable
by fine only, other than a traffic offense.
(b) 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 or who has received a dismissal after deferral of
disposition for an [a fine-only misdemeanor] offense described by
Subsection (a) [other than a traffic offense] are confidential and
may not be disclosed to the public.
SECTION 4. Articles 44.2811 and 45.0217, Code of Criminal
Procedure, and Section 58.00711, Family Code, as amended by this
Act, apply to the disclosure of a record or file on or after the
effective date of this Act regardless of whether the offense that is
the subject of the record or file was committed before, on, or after
the effective date of this Act.
SECTION 5. This Act takes effect September 1, 2013.