| 6 | 4 | | AN ACT |
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| 7 | 5 | | relating to the dissemination of confidential information |
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| 8 | 6 | | contained in the juvenile justice information system. |
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| 9 | 7 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 8 | | SECTION 1. The heading to Section 58.106, Family Code, is |
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| 11 | 9 | | amended to read as follows: |
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| 12 | 10 | | Sec. 58.106. DISSEMINATION OF CONFIDENTIAL INFORMATION IN |
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| 13 | 11 | | JUVENILE JUSTICE INFORMATION SYSTEM [CONFIDENTIALITY]. |
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| 14 | 12 | | SECTION 2. Section 58.106, Family Code, is amended by |
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| 15 | 13 | | amending Subsections (a), (a-1), (b), and (c) and adding Subsection |
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| 16 | 14 | | (a-2) to read as follows: |
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| 17 | 15 | | (a) Except as otherwise provided by this section, |
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| 18 | 16 | | information contained in the juvenile justice information system is |
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| 19 | 17 | | confidential information for the use of the department and may not |
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| 20 | 18 | | be disseminated by the department except: |
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| 21 | 19 | | (1) with the permission of the juvenile offender, to |
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| 22 | 20 | | military personnel of this state or the United States; |
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| 23 | 21 | | (2) to a criminal justice agency as defined by Section |
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| 24 | 22 | | 411.082, Government Code [person or entity to which the department |
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| 25 | 23 | | may grant access to adult criminal history records as provided by |
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| 26 | 24 | | Section 411.083, Government Code]; |
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| 27 | 25 | | (3) to a noncriminal justice agency authorized by |
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| 28 | 26 | | federal statute or federal executive order to receive juvenile |
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| 29 | 27 | | justice record information; |
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| 30 | 28 | | (4) to a juvenile justice agency; |
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| 31 | 29 | | (5) [(4)] to the Texas Juvenile Justice Department |
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| 32 | 30 | | [Youth Commission and the Texas Juvenile Probation Commission for |
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| 33 | 31 | | analytical purposes]; |
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| 34 | 32 | | (6) [(5)] to the office of independent ombudsman of |
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| 35 | 33 | | the Texas Juvenile Justice Department [Youth Commission]; [and] |
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| 36 | 34 | | (7) [(6)] to a district, county, justice, or municipal |
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| 37 | 35 | | court exercising jurisdiction over a juvenile, including a court |
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| 38 | 36 | | exercising jurisdiction over a juvenile under Section 54.021; and |
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| 39 | 37 | | (8) to the Department of Family and Protective |
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| 40 | 38 | | Services as provided by Section 411.114, Government Code. |
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| 41 | 39 | | (a-1) The department may disseminate information contained |
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| 42 | 40 | | in the juvenile justice information system to a noncriminal justice |
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| 43 | 41 | | agency or entity not listed in Subsection (a) to which the |
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| 44 | 42 | | department may grant access to adult criminal history record |
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| 45 | 43 | | information as provided by Section 411.083, Government Code, only |
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| 46 | 44 | | if the information does not relate to conduct indicating a need for |
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| 47 | 45 | | supervision or to delinquent conduct constituting a misdemeanor |
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| 48 | 46 | | offense: |
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| 49 | 47 | | (1) for which a child is on deferred prosecution under |
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| 50 | 48 | | Section 53.03; |
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| 51 | 49 | | (2) for which deferred prosecution was successfully |
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| 52 | 50 | | completed under Section 53.03; |
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| 53 | 51 | | (3) for which a charge was dropped or not pursued for |
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| 54 | 52 | | reasons other than a lack of probable cause; |
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| 55 | 53 | | (4) for which a charge is pending final adjudication |
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| 56 | 54 | | under Section 54.03; or |
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| 57 | 55 | | (5) found by the juvenile court to be "not true." |
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| 58 | 56 | | (a-2) Information disseminated under Subsection (a) or |
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| 59 | 57 | | (a-1) remains confidential after dissemination and may be disclosed |
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| 60 | 58 | | by the recipient only as provided by this title. |
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| 61 | 59 | | (b) Subsections (a) and (a-1) do [Subsection (a) does] not |
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| 62 | 60 | | apply to a document maintained by a juvenile justice agency that is |
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| 63 | 61 | | the source of information collected by the department. |
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| 64 | 62 | | (c) The department may, if necessary to protect the welfare |
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| 65 | 63 | | of the community, disseminate to the public the following |
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| 66 | 64 | | information relating to a juvenile who has escaped from the custody |
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| 67 | 65 | | of the Texas Juvenile Justice Department [Youth Commission] or from |
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| 68 | 66 | | another secure detention or correctional facility: |
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| 69 | 67 | | (1) the juvenile's name, including other names by |
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| 70 | 68 | | which the juvenile is known; |
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| 71 | 69 | | (2) the juvenile's physical description, including |
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| 72 | 70 | | sex, weight, height, race, ethnicity, eye color, hair color, scars, |
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| 73 | 71 | | marks, and tattoos; |
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| 74 | 72 | | (3) a photograph of the juvenile; and |
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| 75 | 73 | | (4) a description of the conduct for which the |
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| 76 | 74 | | juvenile was committed to the Texas Juvenile Justice Department |
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| 77 | 75 | | [Youth Commission] or detained in the secure detention or |
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| 78 | 76 | | correctional facility, including the level and degree of the |
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| 79 | 77 | | alleged offense. |
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| 80 | 78 | | SECTION 3. This Act takes effect September 1, 2015. |
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