Texas 2017 - 85th Regular

Texas House Bill HB3705 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 3705
	1	+	By: White (Senate Sponsor - Whitmire) H.B. No. 3705
	2	+	(In the Senate - Received from the House May 10, 2017;
	3	+	May 12, 2017, read first time and referred to Committee on Criminal
	4	+	Justice; May 19, 2017, reported favorably by the following vote:
	5	+	Yeas 7, Nays 0; May 19, 2017, sent to printer.)
	6	+	Click here to see the committee vote
2	7
3	8
	9	+	A BILL TO BE ENTITLED
4	10		AN ACT
5	11		relating to local juvenile justice information systems.
6	12		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
7	13		SECTION 1. Section 58.301, Family Code, is amended by
8	14		amending Subdivisions (2) and (5) and adding Subdivision (2-a) to
9	15		read as follows:
10	16		(2) "Juvenile facility" means a facility that:
11	17		(A) serves juveniles under a juvenile court's
12	18		jurisdiction; and
13	19		(B) is operated as a holdover facility, a
14	20		pre-adjudication detention facility, a nonsecure facility, or a
15	21		post-adjudication secure correctional facility.
16	22		(2-a) "Governmental juvenile [placement] facility"
17	23		means a juvenile [residential placement] facility operated by a
18	24		unit of government.
19	25		(5) "Partner agency" means a [governmental] service
20	26		provider or juvenile [governmental placement] facility that is
21	27		authorized by this subchapter to be a member of a local juvenile
22	28		justice information system or that has applied to be a member of a
23	29		local juvenile justice information system and has been approved by
24	30		the county juvenile board or regional juvenile board committee as a
25	31		member of the system.
26	32		SECTION 2. Section 58.303(b), Family Code, is amended to
27	33		read as follows:
28	34		(b) A local juvenile justice information system may contain
29	35		the following components:
30	36		(1) case management resources for juvenile courts,
31	37		court clerks, prosecuting attorneys, and county juvenile probation
32	38		departments;
33	39		(2) reporting systems to fulfill statutory
34	40		requirements for reporting in the juvenile justice system;
35	41		(3) service provider directories and indexes of
36	42		agencies providing services to children;
37	43		(4) victim-witness notices required under Chapter 57;
38	44		(5) electronic filing of complaints or petitions,
39	45		court orders, and other documents filed with the court, including
40	46		documents containing electronic signatures;
41	47		(6) electronic offense and intake processing;
42	48		(7) case docket management and calendaring;
43	49		(8) communications by email or other electronic
44	50		communications between partner agencies;
45	51		(9) reporting of charges filed, adjudications and
46	52		dispositions of juveniles by municipal and justice courts and the
47	53		juvenile court, and transfers of cases to the juvenile court as
48	54		authorized or required by Section 51.08;
49	55		(10) reporting to schools under Article 15.27, Code of
50	56		Criminal Procedure, by law enforcement agencies, prosecuting
51	57		attorneys, and juvenile courts;
52	58		(11) records of adjudications and dispositions,
53	59		including probation conditions ordered by the juvenile court; [and]
54	60		(12) warrant management and confirmation
55	61		capabilities; and
56	62		(13) case management for juveniles in juvenile
57	63		facilities.
58	64		SECTION 3. Sections 58.304(a) and (b), Family Code, are
59	65		amended to read as follows:
60	66		(a) A [Subject to Subsection (d), a] local juvenile justice
61	67		information system must consist of:
62	68		(1) information relating to all referrals to the
63	69		juvenile court of any type, including referrals for conduct
64	70		indicating a need for supervision and delinquent conduct; and
65	71		(2) information relating to:
66	72		(A) the juvenile;
67	73		(B) the intake or referral of the juvenile into
68	74		the juvenile justice system for any offense or conduct;
69	75		(C) the detention of the juvenile;
70	76		(D) the prosecution of the juvenile;
71	77		(E) the disposition of the juvenile's case,
72	78		including the name and description of any program to which the
73	79		juvenile is referred; and
74	80		(F) the probation, placement, or commitment of
75	81		the juvenile.
76	82		(b) To the extent possible and subject to Subsection (a)
77	83		[Subsections (a) and (d)], the local juvenile justice information
78	84		system may include the following information for each juvenile
79	85		taken into custody, detained, or referred under this title:
80	86		(1) the juvenile's name, including other names by
81	87		which the juvenile is known;
82	88		(2) the juvenile's date and place of birth;
83	89		(3) the juvenile's physical description, including
84	90		sex, weight, height, race, ethnicity, eye color, hair color, scars,
85	91		marks, and tattoos;
86	92		(4) the juvenile's state identification number and
87	93		other identifying information;
88	94		(5) the juvenile's fingerprints and photograph;
89	95		(6) the juvenile's last known residential address,
90	96		including the census tract number designation for the address;
91	97		(7) the name, address, and phone number of the
92	98		juvenile's parent, guardian, or custodian;
93	99		(8) the name and identifying number of the agency that
94	100		took into custody or detained the juvenile;
95	101		(9) each date of custody or detention;
96	102		(10) a detailed description of the conduct for which
97	103		the juvenile was taken into custody, detained, or referred,
98	104		including the level and degree of the alleged offense;
99	105		(11) the name and identifying number of the juvenile
100	106		intake agency or juvenile probation office;
101	107		(12) each disposition by the juvenile intake agency or
102	108		juvenile probation office;
103	109		(13) the date of disposition by the juvenile intake
104	110		agency or juvenile probation office;
105	111		(14) the name and identifying number of the
106	112		prosecutor's office;
107	113		(15) each disposition by the prosecutor;
108	114		(16) the date of disposition by the prosecutor;
109	115		(17) the name and identifying number of the court;
110	116		(18) each disposition by the court, including
111	117		information concerning custody of a juvenile by a juvenile justice
112	118		agency or county juvenile probation department;
113	119		(19) the date of disposition by the court;
114	120		(20) any commitment or release under supervision by
115	121		the Texas Juvenile Justice Department, including the date of the
116	122		commitment or release;
117	123		(21) information concerning each appellate
118	124		proceeding; [and]
119	125		(22) electronic copies of all documents filed with the
120	126		court; and
121	127		(23) information obtained for the purpose of
122	128		diagnosis, examination, evaluation, treatment, or referral for
123	129		treatment of a child by a public or private agency or institution
124	130		providing supervision of a child by arrangement of the juvenile
125	131		court or having custody of the child under order of the juvenile
126	132		court.
127	133		SECTION 4. Section 58.305, Family Code, is amended to read
128	134		as follows:
129	135		Sec. 58.305. PARTNER AGENCIES. (a) A local juvenile
130	136		justice information system shall to the extent possible include the
131	137		following partner agencies within that county:
132	138		(1) the juvenile court and court clerk;
133	139		(2) justice of the peace and municipal courts;
134	140		(3) the county juvenile probation department;
135	141		(4) the prosecuting attorneys who prosecute juvenile
136	142		cases in juvenile court, municipal court, or justice court;
137	143		(5) law enforcement agencies;
138	144		(6) each public school district in the county;
139	145		(7) [governmental] service providers approved by the
140	146		county juvenile board; and
141	147		(8) juvenile [governmental placement] facilities
142	148		approved by the county juvenile board.
143	149		(b) A local juvenile justice information system for a
144	150		multicounty region shall to the extent possible include the partner
145	151		agencies listed in Subsections (a)(1)-(6) for each county in the
146	152		region and the following partner agencies from within the
147	153		multicounty region that have applied for membership in the system
148	154		and have been approved by the regional juvenile board committee:
149	155		(1) [governmental] service providers; and
150	156		(2) juvenile [governmental placement] facilities.
151	157		SECTION 5. Section 58.306, Family Code, is amended by
152	158		amending Subsections (e), (f), and (g) and adding Subsection (i) to
153	159		read as follows:
154	160		(e) Except as provided by Subsection (i), Level 1 Access is
155	161		by public school districts in the county or region served by the
156	162		local juvenile justice information system.
157	163		(f) Except as provided by Subsection (i), Level 2 Access is
158	164		by:
159	165		(1) justice of the peace courts that process juvenile
160	166		cases; and
161	167		(2) municipal courts that process juvenile cases.
162	168		(g) Except as provided by Subsection (i), Level 3 Access is
163	169		by:
164	170		(1) the juvenile court and court clerk;
165	171		(2) the prosecuting attorney;
166	172		(3) the county juvenile probation department;
167	173		(4) law enforcement agencies;
168	174		(5) governmental service providers that are partner
169	175		agencies; [and]
170	176		(6) governmental juvenile [placement] facilities that
171	177		are partner agencies; and
172	178		(7) a private juvenile facility that is a partner
173	179		agency, except the access is limited to information that relates to
174	180		a child detained or placed in the custody of the facility.
175	181		(i) Information described by Section 58.304(b)(23) may be
176	182		accessed only by:
177	183		(1) the juvenile court and court clerk;
178	184		(2) the county juvenile probation department;
179	185		(3) a governmental juvenile facility that is a partner
180	186		agency; and
181	187		(4) a private juvenile facility that is a partner
182	188		agency, except the access is limited to information that relates to
183	189		a child detained or placed in the custody of the facility.
184	190		SECTION 6. Section 58.307(e), Family Code, is amended to
185	191		read as follows:
186	192		(e) Information in a local juvenile justice information
187	193		system, including electronic signature systems, shall be protected
188	194		from unauthorized access by a system of access security and any
189	195		access to information in a local juvenile information system
190	196		performed by browser software shall be at the level of at least
191	197		2048-bit [128-bit] encryption. A juvenile board or a regional
192	198		juvenile board committee shall require all partner agencies to
193	199		maintain security and restrict access in accordance with the
194	200		requirements of this title.
195	201		SECTION 7. The following provisions of the Family Code are
196	202		repealed:
197	203		(1) Section 58.303(d); and
198	204		(2) Section 58.304(d).
199	205		SECTION 8. This Act takes effect September 1, 2017.
200		-	______________________________ ______________________________
201		-	President of the Senate Speaker of the House
202		-	I certify that H.B. No. 3705 was passed by the House on May 9,
203		-	2017, by the following vote: Yeas 145, Nays 0, 2 present, not
204		-	voting.
205		-	______________________________
206		-	Chief Clerk of the House
207		-	I certify that H.B. No. 3705 was passed by the Senate on May
208		-	24, 2017, by the following vote: Yeas 31, Nays 0.
209		-	______________________________
210		-	Secretary of the Senate
211		-	APPROVED: _____________________
212		-	Date
213		-	_____________________
214		-	Governor
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