| 1 | 1 | | 84R3570 LEH-F |
|---|
| 2 | 2 | | By: White of Tyler H.B. No. 1573 |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | A BILL TO BE ENTITLED |
|---|
| 6 | 6 | | AN ACT |
|---|
| 7 | 7 | | relating to the dissemination of confidential information |
|---|
| 8 | 8 | | contained in the juvenile justice information system. |
|---|
| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 10 | 10 | | SECTION 1. The heading to Section 58.106, Family Code, is |
|---|
| 11 | 11 | | amended to read as follows: |
|---|
| 12 | 12 | | Sec. 58.106. DISSEMINATION OF CONFIDENTIAL INFORMATION IN |
|---|
| 13 | 13 | | JUVENILE JUSTICE INFORMATION SYSTEM [CONFIDENTIALITY]. |
|---|
| 14 | 14 | | SECTION 2. Section 58.106, Family Code, is amended by |
|---|
| 15 | 15 | | amending Subsections (a), (a-1), (b), and (c) and adding Subsection |
|---|
| 16 | 16 | | (a-2) to read as follows: |
|---|
| 17 | 17 | | (a) Except as otherwise provided by this section, |
|---|
| 18 | 18 | | information contained in the juvenile justice information system is |
|---|
| 19 | 19 | | confidential information for the use of the department and may not |
|---|
| 20 | 20 | | be disseminated by the department except: |
|---|
| 21 | 21 | | (1) with the permission of the juvenile offender, to |
|---|
| 22 | 22 | | military personnel of this state or the United States; |
|---|
| 23 | 23 | | (2) to a criminal justice agency as defined by Section |
|---|
| 24 | 24 | | 411.082, Government Code [person or entity to which the department |
|---|
| 25 | 25 | | may grant access to adult criminal history records as provided by |
|---|
| 26 | 26 | | Section 411.083, Government Code]; |
|---|
| 27 | 27 | | (3) to a noncriminal justice agency authorized by |
|---|
| 28 | 28 | | federal statute or federal executive order to receive juvenile |
|---|
| 29 | 29 | | justice record information; |
|---|
| 30 | 30 | | (4) to a juvenile justice agency; |
|---|
| 31 | 31 | | (5) [(4)] to the Texas Juvenile Justice Department |
|---|
| 32 | 32 | | [Youth Commission and the Texas Juvenile Probation Commission for |
|---|
| 33 | 33 | | analytical purposes]; |
|---|
| 34 | 34 | | (6) [(5)] to the office of independent ombudsman of |
|---|
| 35 | 35 | | the Texas Juvenile Justice Department [Youth Commission]; [and] |
|---|
| 36 | 36 | | (7) [(6)] to a district, county, justice, or municipal |
|---|
| 37 | 37 | | court exercising jurisdiction over a juvenile, including a court |
|---|
| 38 | 38 | | exercising jurisdiction over a juvenile under Section 54.021; and |
|---|
| 39 | 39 | | (8) to the Department of Family and Protective |
|---|
| 40 | 40 | | Services as provided by Section 411.114, Government Code. |
|---|
| 41 | 41 | | (a-1) The department may disseminate information contained |
|---|
| 42 | 42 | | in the juvenile justice information system to a noncriminal justice |
|---|
| 43 | 43 | | agency or entity not listed in Subsection (a) to which the |
|---|
| 44 | 44 | | department may grant access to adult criminal history record |
|---|
| 45 | 45 | | information as provided by Section 411.083, Government Code, only |
|---|
| 46 | 46 | | if the information does not relate to: |
|---|
| 47 | 47 | | (1) a juvenile case processed and disposed of by law |
|---|
| 48 | 48 | | enforcement informally or through a first offender program as |
|---|
| 49 | 49 | | provided by Section 52.03 or 52.031; |
|---|
| 50 | 50 | | (2) a deferred prosecution granted under Section |
|---|
| 51 | 51 | | 53.03; |
|---|
| 52 | 52 | | (3) a charge dropped or not pursued for reasons other |
|---|
| 53 | 53 | | than a lack of probable cause; |
|---|
| 54 | 54 | | (4) a case pending final adjudication under Section |
|---|
| 55 | 55 | | 54.03; or |
|---|
| 56 | 56 | | (5) conduct found by the juvenile court to be "not |
|---|
| 57 | 57 | | true." |
|---|
| 58 | 58 | | (a-2) Information disseminated under Subsection (a) or |
|---|
| 59 | 59 | | (a-1) remains confidential after dissemination and may be disclosed |
|---|
| 60 | 60 | | by the recipient only as provided by this title. |
|---|
| 61 | 61 | | (b) Subsections (a) and (a-1) do [Subsection (a) does] not |
|---|
| 62 | 62 | | apply to a document maintained by a juvenile justice agency that is |
|---|
| 63 | 63 | | the source of information collected by the department. |
|---|
| 64 | 64 | | (c) The department may, if necessary to protect the welfare |
|---|
| 65 | 65 | | of the community, disseminate to the public the following |
|---|
| 66 | 66 | | information relating to a juvenile who has escaped from the custody |
|---|
| 67 | 67 | | of the Texas Juvenile Justice Department [Youth Commission] or from |
|---|
| 68 | 68 | | another secure detention or correctional facility: |
|---|
| 69 | 69 | | (1) the juvenile's name, including other names by |
|---|
| 70 | 70 | | which the juvenile is known; |
|---|
| 71 | 71 | | (2) the juvenile's physical description, including |
|---|
| 72 | 72 | | sex, weight, height, race, ethnicity, eye color, hair color, scars, |
|---|
| 73 | 73 | | marks, and tattoos; |
|---|
| 74 | 74 | | (3) a photograph of the juvenile; and |
|---|
| 75 | 75 | | (4) a description of the conduct for which the |
|---|
| 76 | 76 | | juvenile was committed to the Texas Juvenile Justice Department |
|---|
| 77 | 77 | | [Youth Commission] or detained in the secure detention or |
|---|
| 78 | 78 | | correctional facility, including the level and degree of the |
|---|
| 79 | 79 | | alleged offense. |
|---|
| 80 | 80 | | SECTION 3. This Act takes effect September 1, 2015. |
|---|