Texas 2021 - 87th Regular

Texas House Bill HB2669 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 2669
	1	+	By: Guillen (Senate Sponsor - Zaffirini) H.B. No. 2669
	2	+	(In the Senate - Received from the House April 19, 2021;
	3	+	May 3, 2021, read first time and referred to Committee on Criminal
	4	+	Justice; May 13, 2021, reported favorably by the following vote:
	5	+	Yeas 7, Nays 0; May 13, 2021, 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 of a child's criminal records
6	12		related to certain misdemeanor offenses.
7	13		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	14		SECTION 1. Article 44.2811, Code of Criminal Procedure, as
9	15		amended by Chapters 1257 (H.B. 528), 1319 (S.B. 394), and 1407 (S.B.
10	16		393), Acts of the 83rd Legislature, Regular Session, 2013, is
11	17		reenacted and amended to read as follows:
12	18		Art. 44.2811. RECORDS RELATING TO CERTAIN [OR RECEIVING
13	19		DEFERRED DISPOSITION FOR] FINE-ONLY MISDEMEANORS COMMITTED BY A
14	20		CHILD. All records and files and information stored by electronic
15	21		means or otherwise, from which a record or file could be generated,
16	22		relating to a criminal case for a fine-only misdemeanor, other than
17	23		a traffic offense, that is committed by a child and that is appealed
18	24		are confidential and may not be disclosed to the public except as
19	25		provided under Article 45.0217(b). [(a) This article applies only
20	26		to a misdemeanor offense punishable by fine only, other than a
21	27		traffic offense.
22	28		[(b) All records and files and information stored by
23	29		electronic means or otherwise, from which a record or file could be
24	30		generated, relating to a child who is convicted of and has satisfied
25	31		the judgment for or who has received a dismissal after deferral of
26	32		disposition for an offense described by Subsection (a) are
27	33		confidential and may not be disclosed to the public except as
28	34		provided under Article 45.0217(b).]
29	35		SECTION 2. Article 45.0217, Code of Criminal Procedure, as
30	36		amended by Chapters 1257 (H.B. 528), 1319 (S.B. 394), and 1407 (S.B.
31	37		393), Acts of the 83rd Legislature, Regular Session, 2013, is
32	38		reenacted and amended to read as follows:
33	39		Art. 45.0217. CONFIDENTIAL RECORDS RELATED TO CHARGES
34	40		AGAINST OR [THE] CONVICTION OF [OR DEFERRAL OF DISPOSITION FOR] A
35	41		CHILD. (a) [This article applies only to a misdemeanor offense
36	42		punishable by fine only, other than a traffic offense.
37	43		[(a-1)] Except as provided by Article 15.27 and Subsection
38	44		(b), all records and files, including those held by law
39	45		enforcement, and information stored by electronic means or
40	46		otherwise, from which a record or file could be generated, relating
41	47		to a child who is charged with, is convicted of, is found not guilty
42	48		of, had a charge dismissed for, or is granted deferred disposition
43	49		for a fine-only misdemeanor [for or who has received a dismissal
44	50		after deferral of disposition for an] offense other than a traffic
45	51		offense [described by Subsection (a)] are confidential and may not
46	52		be disclosed to the public.
47	53		(b) Information subject to Subsection (a) [(a-1)] may be
48	54		open to inspection only by:
49	55		(1) judges or court staff;
50	56		(2) a criminal justice agency for a criminal justice
51	57		purpose, as those terms are defined by Section 411.082, Government
52	58		Code;
53	59		(3) the Department of Public Safety;
54	60		(4) an attorney for a party to the proceeding;
55	61		(5) the child defendant; or
56	62		(6) the defendant's parent, guardian, or managing
57	63		conservator.
58	64		(c) In this article, "child" has the meaning assigned by
59	65		Article 45.058(h).
60	66		SECTION 3. This Act takes effect September 1, 2021.
61		-	______________________________ ______________________________
62		-	President of the Senate Speaker of the House
63		-	I certify that H.B. No. 2669 was passed by the House on April
64		-	16, 2021, by the following vote: Yeas 145, Nays 0, 2 present, not
65		-	voting.
66		-	______________________________
67		-	Chief Clerk of the House
68		-	I certify that H.B. No. 2669 was passed by the Senate on May
69		-	19, 2021, by the following vote: Yeas 31, Nays 0.
70		-	______________________________
71		-	Secretary of the Senate
72		-	APPROVED: _____________________
73		-	Date
74		-	_____________________
75		-	Governor
	67	+	* * * * *