84R3570 LEH-F
By: White of Tyler H.B. No. 1573
A BILL TO BE ENTITLED
AN ACT
relating to the dissemination of confidential information
contained in the juvenile justice information system.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Section 58.106, Family Code, is
amended to read as follows:
Sec. 58.106. DISSEMINATION OF CONFIDENTIAL INFORMATION IN
JUVENILE JUSTICE INFORMATION SYSTEM [CONFIDENTIALITY].
SECTION 2. Section 58.106, Family Code, is amended by
amending Subsections (a), (a-1), (b), and (c) and adding Subsection
(a-2) to read as follows:
(a) Except as otherwise provided by this section,
information contained in the juvenile justice information system is
confidential information for the use of the department and may not
be disseminated by the department except:
(1) with the permission of the juvenile offender, to
military personnel of this state or the United States;
(2) to a criminal justice agency as defined by Section
411.082, Government Code [person or entity to which the department
may grant access to adult criminal history records as provided by
Section 411.083, Government Code];
(3) to a noncriminal justice agency authorized by
federal statute or federal executive order to receive juvenile
justice record information;
(4) to a juvenile justice agency;
(5) [(4)] to the Texas Juvenile Justice Department
[Youth Commission and the Texas Juvenile Probation Commission for
analytical purposes];
(6) [(5)] to the office of independent ombudsman of
the Texas Juvenile Justice Department [Youth Commission]; [and]
(7) [(6)] to a district, county, justice, or municipal
court exercising jurisdiction over a juvenile, including a court
exercising jurisdiction over a juvenile under Section 54.021; and
(8) to the Department of Family and Protective
Services as provided by Section 411.114, Government Code.
(a-1) The department may disseminate information contained
in the juvenile justice information system to a noncriminal justice
agency or entity not listed in Subsection (a) to which the
department may grant access to adult criminal history record
information as provided by Section 411.083, Government Code, only
if the information does not relate to:
(1) a juvenile case processed and disposed of by law
enforcement informally or through a first offender program as
provided by Section 52.03 or 52.031;
(2) a deferred prosecution granted under Section
53.03;
(3) a charge dropped or not pursued for reasons other
than a lack of probable cause;
(4) a case pending final adjudication under Section
54.03; or
(5) conduct found by the juvenile court to be "not
true."
(a-2) Information disseminated under Subsection (a) or
(a-1) remains confidential after dissemination and may be disclosed
by the recipient only as provided by this title.
(b) Subsections (a) and (a-1) do [Subsection (a) does] not
apply to a document maintained by a juvenile justice agency that is
the source of information collected by the department.
(c) The department may, if necessary to protect the welfare
of the community, disseminate to the public the following
information relating to a juvenile who has escaped from the custody
of the Texas Juvenile Justice Department [Youth Commission] or from
another secure detention or correctional facility:
(1) the juvenile's name, including other names by
which the juvenile is known;
(2) the juvenile's physical description, including
sex, weight, height, race, ethnicity, eye color, hair color, scars,
marks, and tattoos;
(3) a photograph of the juvenile; and
(4) a description of the conduct for which the
juvenile was committed to the Texas Juvenile Justice Department
[Youth Commission] or detained in the secure detention or
correctional facility, including the level and degree of the
alleged offense.
SECTION 3. This Act takes effect September 1, 2015.