Texas 2019 - 86th Regular

Texas House Bill HB1760 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 1760
	1	+	By: White, Wu (Senate Sponsor - Perry) H.B. No. 1760
	2	+	(In the Senate - Received from the House April 29, 2019;
	3	+	April 29, 2019, read first time and referred to Committee on
	4	+	Administration; May 3, 2019, reported favorably by the following
	5	+	vote: Yeas 4, Nays 0; May 3, 2019, 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 the confidentiality, sharing, sealing, and destruction
6	12		of juvenile records and certain records of at-risk youth.
7	13		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	14		SECTION 1. Section 58.005, Family Code, is amended by
9	15		amending Subsection (a-1) and adding Subsection (c) to read as
10	16		follows:
11	17		(a-1) Except as provided by Article 15.27, Code of Criminal
12	18		Procedure, the records and information to which this section
13	19		applies may be disclosed only to:
14	20		(1) the professional staff or consultants of the
15	21		agency or institution;
16	22		(2) the judge, probation officers, and professional
17	23		staff or consultants of the juvenile court;
18	24		(3) an attorney for the child;
19	25		(4) a governmental agency if the disclosure is
20	26		required or authorized by law;
21	27		(5) an individual [a person] or entity to whom the
22	28		child is referred for treatment or services, including assistance
23	29		in transitioning the child to the community after the child's
24	30		release or discharge from a juvenile facility [if the agency or
25	31		institution disclosing the information has entered into a written
26	32		confidentiality agreement with the person or entity regarding the
27	33		protection of the disclosed information];
28	34		(6) the Texas Department of Criminal Justice and the
29	35		Texas Juvenile Justice Department for the purpose of maintaining
30	36		statistical records of recidivism and for diagnosis and
31	37		classification; [or]
32	38		(7) a prosecuting attorney;
33	39		(8) a parent, guardian, or custodian with whom a child
34	40		will reside after the child's release or discharge from a juvenile
35	41		facility;
36	42		(9) a governmental agency or court if the record is
37	43		necessary for an administrative or legal proceeding and the
38	44		personally identifiable information about the child is redacted
39	45		before the record is disclosed; or
40	46		(10) with permission from the juvenile court, any
41	47		other individual [person], agency, or institution having a
42	48		legitimate interest in the proceeding or in the work of the court.
43	49		(c) An individual or entity that receives confidential
44	50		information under this section may not disclose the information
45	51		unless otherwise authorized by law.
46	52		SECTION 2. Subsection (b-1), Section 58.0052, Family Code,
47	53		as added by Chapter 1021 (H.B. 1521), Acts of the 85th Legislature,
48	54		Regular Session, 2017, is redesignated as Subsection (b-3), Section
49	55		58.0052, Family Code, to read as follows:
50	56		(b-3) [(b-1)] At the request of a state or local juvenile
51	57		justice agency, the Department of Family and Protective Services or
52	58		a single source continuum contractor who contracts with the
53	59		department to provide foster care services shall, not later than
54	60		the 14th business day after the date of the request, share with the
55	61		juvenile justice agency information in the possession of the
56	62		department or contractor that is necessary to improve and maintain
57	63		community safety or that assists the agency in the continuation of
58	64		services for or providing services to a multi-system youth who:
59	65		(1) is or has been in the temporary or permanent
60	66		managing conservatorship of the department;
61	67		(2) is or was the subject of a family-based safety
62	68		services case with the department;
63	69		(3) has been reported as an alleged victim of abuse or
64	70		neglect to the department;
65	71		(4) is the perpetrator in a case in which the
66	72		department investigation concluded that there was a reason to
67	73		believe that abuse or neglect occurred; or
68	74		(5) is a victim in a case in which the department
69	75		investigation concluded that there was a reason to believe that
70	76		abuse or neglect occurred.
71	77		SECTION 3. Section 58.007, Family Code, is amended by
72	78		amending Subsection (b) and adding Subsection (c) to read as
73	79		follows:
74	80		(b) Except as provided by Section 54.051(d-1) and by Article
75	81		15.27, Code of Criminal Procedure, the records, whether physical or
76	82		electronic, of a juvenile court, a clerk of court, a juvenile
77	83		probation department, or a prosecuting attorney relating to a child
78	84		who is a party to a proceeding under this title may be inspected or
79	85		copied only by:
80	86		(1) the judge, probation officers, and professional
81	87		staff or consultants of the juvenile court;
82	88		(2) a juvenile justice agency as that term is defined
83	89		by Section 58.101;
84	90		(3) an attorney representing the child's parent [a
85	91		party] in a proceeding under this title;
86	92		(4) an attorney representing the child;
87	93		(5) a prosecuting attorney;
88	94		(6) an individual [a person] or entity to whom the
89	95		child is referred for treatment or services, including assistance
90	96		in transitioning the child to the community after the child's
91	97		release or discharge from a juvenile facility [, if the agency or
92	98		institution disclosing the information has entered into a written
93	99		confidentiality agreement with the person or entity regarding the
94	100		protection of the disclosed information];
95	101		(7) [(5)] a public or private agency or institution
96	102		providing supervision of the child by arrangement of the juvenile
97	103		court, or having custody of the child under juvenile court order; or
98	104		(8) [(6)] with permission from the juvenile court, any
99	105		other individual [person], agency, or institution having a
100	106		legitimate interest in the proceeding or in the work of the court.
101	107		(c) An individual or entity that receives confidential
102	108		information under this section may not disclose the information
103	109		unless otherwise authorized by law.
104	110		SECTION 4. Section 58.008(b), Family Code, is amended to
105	111		read as follows:
106	112		(b) Except as provided by Subsection (c) [(d)], law
107	113		enforcement records concerning a child and information concerning a
108	114		child that are stored by electronic means or otherwise and from
109	115		which a record could be generated may not be disclosed to the public
110	116		and shall be:
111	117		(1) if maintained on paper or microfilm, kept separate
112	118		from adult records;
113	119		(2) if maintained electronically in the same computer
114	120		system as adult records, accessible only under controls that are
115	121		separate and distinct from the controls to access electronic data
116	122		concerning adults; and
117	123		(3) maintained on a local basis only and not sent to a
118	124		central state or federal depository, except as provided by
119	125		Subsection (c) or Subchapter B, D, or E.
120	126		SECTION 5. Sections 58.009(d) and (f), Family Code, are
121	127		amended to read as follows:
122	128		(d) The Texas Juvenile Justice Department may grant the
123	129		following individuals or entities access to juvenile justice
124	130		information only for a purpose beneficial to and approved by the
125	131		department to:
126	132		(1) an individual or entity [a person] working on a
127	133		research or statistical project that:
128	134		(A) is funded in whole or in part by state or
129	135		federal funds; and
130	136		(B) meets the requirements of and is approved by
131	137		the department; or
132	138		(2) an individual or entity [a person working on a
133	139		research or statistical project] that:
134	140		(A) is working on a research or statistical
135	141		project that meets the requirements of and is approved by the
136	142		department; and
137	143		(B) has a specific agreement with the department
138	144		that:
139	145		(i) specifically authorizes access to
140	146		information;
141	147		(ii) limits the use of information to the
142	148		purposes for which the information is given;
143	149		(iii) ensures the security and
144	150		confidentiality of the information; and
145	151		(iv) provides for sanctions if a
146	152		requirement imposed under Subparagraph (i), (ii), or (iii) is
147	153		violated.
148	154		(f) The Texas Juvenile Justice Department may not release
149	155		juvenile justice information in identifiable form, except for
150	156		information released under Subsection (c)(1), (2), [or] (3), or (4)
151	157		or under the terms of an agreement entered into under Subsection
152	158		(d)(2). For purposes of this subsection, identifiable information
153	159		means information that contains a juvenile offender's name or other
154	160		personal identifiers or that can, by virtue of sample size or other
155	161		factors, be reasonably interpreted as referring to a particular
156	162		juvenile offender.
157	163		SECTION 6. Section 58.255(a), Family Code, is amended to
158	164		read as follows:
159	165		(a) A person who was referred to a juvenile court [probation
160	166		department] for conduct indicating a need for supervision is
161	167		entitled to have all records related to all conduct indicating a
162	168		need for supervision matters sealed without applying to the
163	169		juvenile court if the person:
164	170		(1) has records relating to the conduct filed with the
165	171		court clerk;
166	172		(2) is at least 18 years of age;
167	173		(3) [(2)] has not been referred to the juvenile
168	174		probation department for delinquent conduct;
169	175		(4) [(3)] has not as an adult been convicted of a
170	176		felony; and
171	177		(5) [(4)] does not have any pending charges as an
172	178		adult for a felony or a misdemeanor punishable by confinement in
173	179		jail.
174	180		SECTION 7. Subchapter C-1, Chapter 58, Family Code, is
175	181		amended by adding Section 58.2551 to read as follows:
176	182		Sec. 58.2551. SEALING RECORDS WITHOUT APPLICATION: FINDING
177	183		OF NOT TRUE. A juvenile court, on the court's own motion and
178	184		without a hearing, shall immediately order the sealing of all
179	185		records related to the alleged conduct if the court enters a finding
180	186		that the allegations are not true.
181	187		SECTION 8. Section 58.256(c), Family Code, is amended to
182	188		read as follows:
183	189		(c) Except as provided by Subsection (d), the juvenile court
184	190		may order the sealing of records related to all matters for which
185	191		the person was referred to the juvenile probation department if the
186	192		person:
187	193		(1) is at least 17 [18] years of age, or is younger
188	194		than 17 [18] years of age and at least one year has [two years have]
189	195		elapsed after the date of final discharge in each matter for which
190	196		the person was referred to the juvenile probation department;
191	197		(2) does not have any delinquent conduct matters
192	198		pending with any juvenile probation department or juvenile court;
193	199		(3) was not transferred by a juvenile court to a
194	200		criminal court for prosecution under Section 54.02;
195	201		(4) has not as an adult been convicted of a felony; and
196	202		(5) does not have any pending charges as an adult for a
197	203		felony or a misdemeanor punishable by confinement in jail.
198	204		SECTION 9. Section 58.258(c), Family Code, is amended to
199	205		read as follows:
200	206		(c) On entry of the order, all adjudications relating to the
201	207		person are vacated and the proceedings are dismissed and treated
202	208		for all purposes as though the proceedings had never occurred. The
203	209		clerk of court shall:
204	210		(1) seal all court records relating to the
205	211		proceedings, including any records created in the clerk's case
206	212		management system; and
207	213		(2) send copies of the order to all entities listed in
208	214		the order by any reasonable method, including certified mail,
209	215		regular mail, or e-mail.
210	216		SECTION 10. Section 58.263, Family Code, is amended to read
211	217		as follows:
212	218		Sec. 58.263. DESTRUCTION OF RECORDS: NO PROBABLE CAUSE.
213	219		The court shall order the destruction of the records relating to the
214	220		conduct for which a child is taken into custody or referred to
215	221		juvenile court without being taken into custody, including records
216	222		contained in the juvenile justice information system, if:
217	223		(1) a determination is made under Section 53.01 that
218	224		no probable cause exists to believe the child engaged in the conduct
219	225		and the case is not referred to a prosecutor for review under
220	226		Section 53.012; or
221	227		(2) a determination that no probable cause exists to
222	228		believe the child engaged in the conduct is made by a prosecutor
223	229		under Section 53.012.
224	230		SECTION 11. Section 203.0065, Human Resources Code, is
225	231		amended by adding Subsections (g) and (h) to read as follows:
226	232		(g) The records related to a youth who was provided
227	233		prevention and intervention services under this section are
228	234		confidential and may only be inspected or copied by an individual or
229	235		entity to whom the youth is referred for treatment or services.
230	236		(h) An individual or entity that receives information under
231	237		this section may not disclose the information unless otherwise
232	238		authorized by law.
233	239		SECTION 12. The following provisions of the Family Code are
234	240		repealed:
235	241		(1) Section 58.003(c-3);
236	242		(2) Section 58.0053; and
237	243		(3) Section 58.007(j).
238	244		SECTION 13. The changes in law made by this Act apply to
239	245		records created before, on, or after the effective date of this Act.
240	246		SECTION 14. This Act takes effect September 1, 2019.
241		-	______________________________ ______________________________
242		-	President of the Senate Speaker of the House
243		-	I certify that H.B. No. 1760 was passed by the House on April
244		-	26, 2019, by the following vote: Yeas 139, Nays 0, 2 present, not
245		-	voting.
246		-	______________________________
247		-	Chief Clerk of the House
248		-	I certify that H.B. No. 1760 was passed by the Senate on May
249		-	10, 2019, by the following vote: Yeas 31, Nays 0.
250		-	______________________________
251		-	Secretary of the Senate
252		-	APPROVED: _____________________
253		-	Date
254		-	_____________________
255		-	Governor
	247	+	* * * * *