Texas 2013 - 83rd Regular

Texas Senate Bill SB394 Compare Versions

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1	1	By: West S.B. No. 394
2	2	(Herrero)
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to restricting access to records of children convicted of
8	8	or receiving deferred disposition for certain fine-only
9	9	misdemeanors.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Article 44.2811, Code of Criminal Procedure, is
12	12	amended to read as follows:
13	13	Art. 44.2811. RECORDS RELATING TO CHILDREN CONVICTED OF OR
14	14	RECEIVING DEFERRED DISPOSITION FOR FINE-ONLY MISDEMEANORS.
15	15	(a) This article applies only to a misdemeanor offense punishable
16	16	by fine only, other than a traffic offense.
17	17	(b) All records and files and information stored by
18	18	electronic means or otherwise, from which a record or file could be
19	19	generated, relating to a child who is convicted of and has satisfied
20	20	the judgment for or who has received a dismissal after deferral of
21	21	disposition for an [a fine-only misdemeanor] offense described by
22	22	Subsection (a) [other than a traffic offense] are confidential and
23	23	may not be disclosed to the public except as provided under Article
24	24	45.0217(b). [All records and files and information stored by
25	25	electronic means or otherwise, from which a record or file could be
26	26	generated, relating to a child whose conviction for a fine-only
27	27	misdemeanor other than a traffic offense is affirmed are
28	28	confidential upon satisfaction of the judgment and may not be
29	29	disclosed to the public except as provided under Article
30	30	45.0217(b).]
31	31	SECTION 2. Article 45.0217, Code of Criminal Procedure, is
32	32	amended to read as follows:
33	33	Art. 45.0217. CONFIDENTIAL RECORDS RELATED TO THE
34	34	CONVICTION OF OR DEFERRAL OF DISPOSITION FOR A CHILD. (a) This
35	35	article applies only to a misdemeanor offense punishable by fine
36	36	only, other than a traffic offense.
37	37	(a-1) Except as provided by Article 15.27 and Subsection
38	38	(b), all records and files, including those held by law
39	39	enforcement, and information stored by electronic means or
40	40	otherwise, from which a record or file could be generated, relating
41	41	to a child who is convicted of and has satisfied the judgment for or
42	42	who has received a dismissal after deferral of disposition for an [a
43	43	fine-only misdemeanor] offense described by Subsection (a) [other
44	44	than a traffic offense] are confidential and may not be disclosed to
45	45	the public.
46	46	(b) Information subject to Subsection (a-1) [(a)] may be
47	47	open to inspection only by:
48	48	(1) judges or court staff;
49	49	(2) a criminal justice agency for a criminal justice
50	50	purpose, as those terms are defined by Section 411.082, Government
51	51	Code;
52	52	(3) the Department of Public Safety;
53	53	(4) an attorney for a party to the proceeding;
54	54	(5) the child defendant; or
55	55	(6) the defendant's parent, guardian, or managing
56	56	conservator.
57	57	SECTION 3. Section 58.00711, Family Code, is amended to
58	58	read as follows:
59	59	Sec. 58.00711. RECORDS RELATING TO CHILDREN CONVICTED OF OR
60	60	RECEIVING DEFERRED DISPOSITION FOR FINE-ONLY MISDEMEANORS.
61	61	(a) This section applies only to a misdemeanor offense punishable
62	62	by fine only, other than a traffic offense.
63	63	(b) Except as provided by Article 45.0217(b), Code of
64	64	Criminal Procedure, all records and files and information stored by
65	65	electronic means or otherwise, from which a record or file could be
66	66	generated, relating to a child who is convicted of and has satisfied
67	67	the judgment for or who has received a dismissal after deferral of
68	68	disposition for an [a fine-only misdemeanor] offense described by
69	69	Subsection (a) [other than a traffic offense] are confidential and
70	70	may not be disclosed to the public.
71	71	SECTION 4. Articles 44.2811 and 45.0217, Code of Criminal
72	72	Procedure, and Section 58.00711, Family Code, as amended by this
73	73	Act, apply to the disclosure of a record or file on or after the
74	74	effective date of this Act regardless of whether the offense that is
75	75	the subject of the record or file was committed before, on, or after
76	76	the effective date of this Act.
77	77	SECTION 5. This Act takes effect September 1, 2013.