Texas 2019 - 86th Regular

Texas House Bill HB3647 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: Guillen, Raymond, et al. H.B. No. 3647
	1	+	86R12997 EAS-F
	2	+	By: Guillen H.B. No. 3647
2	3
3	4
4	5		A BILL TO BE ENTITLED
5	6		AN ACT
6	7		relating to the confidentiality of a child's criminal records
7	8		related to certain misdemeanor offenses.
8	9		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	10		SECTION 1. Article 44.2811, Code of Criminal Procedure, as
10	11		amended by Chapters 1257 (H.B. 528), 1319 (S.B. 394), and 1407 (S.B.
11	12		393), Acts of the 83rd Legislature, Regular Session, 2013, is
12	13		reenacted and amended to read as follows:
13	14		Art. 44.2811. RECORDS RELATING TO CERTAIN [OR RECEIVING
14	15		DEFERRED DISPOSITION FOR] FINE-ONLY MISDEMEANORS COMMITTED BY A
15	16		CHILD. All records and files and information stored by electronic
16	17		means or otherwise, from which a record or file could be generated,
17	18		relating to a criminal case for a fine-only misdemeanor, other than
18	19		a traffic offense, that is committed by a child and that is appealed
19	20		are confidential and may not be disclosed to the public except as
20	21		provided under Article 45.0217(b). [(a) This article applies only
21	22		to a misdemeanor offense punishable by fine only, other than a
22	23		traffic offense.
23	24		[(b) All records and files and information stored by
24	25		electronic means or otherwise, from which a record or file could be
25	26		generated, relating to a child who is convicted of and has satisfied
26	27		the judgment for or who has received a dismissal after deferral of
27	28		disposition for an offense described by Subsection (a) are
28	29		confidential and may not be disclosed to the public except as
29	30		provided under Article 45.0217(b).]
30	31		SECTION 2. Article 45.0217, Code of Criminal Procedure, as
31	32		amended by Chapters 1257 (H.B. 528), 1319 (S.B. 394), and 1407 (S.B.
32	33		393), Acts of the 83rd Legislature, Regular Session, 2013, is
33	34		reenacted and amended to read as follows:
34	35		Art. 45.0217. CONFIDENTIAL RECORDS RELATED TO CHARGES
35	36		AGAINST OR [THE] CONVICTION OF [OR DEFERRAL OF DISPOSITION FOR] A
36	37		CHILD. (a) [This article applies only to a misdemeanor offense
37	38		punishable by fine only, other than a traffic offense.
38	39		[(a-1)] Except as provided by Article 15.27 and Subsection
39	40		(b), all records and files, including those held by law
40	41		enforcement, and information stored by electronic means or
41	42		otherwise, from which a record or file could be generated, relating
42	43		to a child who is charged with, is convicted of, is found not guilty
43	44		of, had a charge dismissed for, or is granted deferred disposition
44	45		for a fine-only misdemeanor [for or who has received a dismissal
45	46		after deferral of disposition for an] offense other than a traffic
46	47		offense [described by Subsection (a)] are confidential and may not
47	48		be disclosed to the public.
48	49		(b) Information subject to Subsection (a) [(a-1)] may be
49	50		open to inspection only by:
50	51		(1) judges or court staff;
51	52		(2) a criminal justice agency for a criminal justice
52	53		purpose, as those terms are defined by Section 411.082, Government
53	54		Code;
54	55		(3) the Department of Public Safety;
55	56		(4) an attorney for a party to the proceeding;
56	57		(5) the child defendant; or
57	58		(6) the defendant's parent, guardian, or managing
58	59		conservator.
59		-	(c) In this ~~article~~, "child" has the meaning assigned by
	60	+	(c) In this section, "child" has the meaning assigned by
60	61		Article 45.058(h).
61	62		SECTION 3. This Act takes effect September 1, 2019.