Texas 2025 - 89th Regular

Texas Senate Bill SB1848 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	89R13574 CJD-D
2	2	By: Zaffirini S.B. No. 1848
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the disclosure of confidential juvenile records to a
10	10	managed assigned counsel program.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 51.02, Family Code, is amended by adding
13	13	Subdivision (7-a) to read as follows:
14	14	(7-a) "Managed assigned counsel program" has the
15	15	meaning assigned by Article 26.047, Code of Criminal Procedure.
16	16	SECTION 2. Section 58.004(b), Family Code, is amended to
17	17	read as follows:
18	18	(b) This section does not apply to information that is:
19	19	(1) necessary for an agency to provide services to the
20	20	victim;
21	21	(2) necessary for law enforcement purposes;
22	22	(3) shared within the statewide juvenile information
23	23	and case management system established under Subchapter E;
24	24	(4) shared with an attorney representing the child in
25	25	a proceeding under this title; [or]
26	26	(5) shared with an attorney representing any other
27	27	person in a juvenile or criminal court proceeding arising from the
28	28	same act or conduct for which the child was referred to juvenile
29	29	court; or
30	30	(6) shared with a managed assigned counsel program
31	31	responsible for appointing an attorney to represent the child in a
32	32	proceeding under this title to determine indigence or fulfill the
33	33	program's duties in appointing and overseeing appointed counsel
34	34	once a request for appointed counsel is made.
35	35	SECTION 3. Section 58.005(a-1), Family Code, is amended to
36	36	read as follows:
37	37	(a-1) Except as provided by Article 15.27, Code of Criminal
38	38	Procedure, the records and information to which this section
39	39	applies may be disclosed only to:
40	40	(1) the professional staff or consultants of the
41	41	agency or institution;
42	42	(2) the judge, probation officers, and professional
43	43	staff or consultants of the juvenile court;
44	44	(3) an attorney for the child;
45	45	(4) a governmental agency if the disclosure is
46	46	required or authorized by law;
47	47	(5) an individual or entity to whom the child is
48	48	referred for treatment or services, including assistance in
49	49	transitioning the child to the community after the child's release
50	50	or discharge from a juvenile facility;
51	51	(6) the Texas Department of Criminal Justice and the
52	52	Texas Juvenile Justice Department for the purpose of maintaining
53	53	statistical records of recidivism and for diagnosis and
54	54	classification;
55	55	(7) a prosecuting attorney;
56	56	(8) a parent, guardian, or custodian with whom a child
57	57	will reside after the child's release or discharge from a juvenile
58	58	facility;
59	59	(9) a governmental agency or court if the record is
60	60	necessary for an administrative or legal proceeding and the
61	61	personally identifiable information about the child is redacted
62	62	before the record is disclosed; [or]
63	63	(10) with permission from the juvenile court, any
64	64	other individual, agency, or institution having a legitimate
65	65	interest in the proceeding or in the work of the court; or
66	66	(11) a managed assigned counsel program responsible
67	67	for appointing an attorney to represent the child in a juvenile
68	68	delinquency proceeding to determine indigence or fulfill the
69	69	program's duties in appointing and overseeing appointed counsel
70	70	once a request for appointed counsel is made.
71	71	SECTION 4. Section 58.007(b), Family Code, is amended to
72	72	read as follows:
73	73	(b) Except as provided by Section 54.051(d-1) and by Article
74	74	15.27, Code of Criminal Procedure, the records, whether physical or
75	75	electronic, of a juvenile court, a clerk of court, a juvenile
76	76	probation department, or a prosecuting attorney relating to a child
77	77	who is a party to a proceeding under this title may be inspected or
78	78	copied only by:
79	79	(1) the judge, probation officers, and professional
80	80	staff or consultants of the juvenile court;
81	81	(2) a juvenile justice agency as that term is defined
82	82	by Section 58.101;
83	83	(3) an attorney representing the child's parent in a
84	84	proceeding under this title;
85	85	(4) an attorney representing the child;
86	86	(5) a prosecuting attorney;
87	87	(6) an individual or entity to whom the child is
88	88	referred for treatment or services, including assistance in
89	89	transitioning the child to the community after the child's release
90	90	or discharge from a juvenile facility;
91	91	(7) a public or private agency or institution
92	92	providing supervision of the child by arrangement of the juvenile
93	93	court, or having custody of the child under juvenile court order;
94	94	[or]
95	95	(8) with permission from the juvenile court, any other
96	96	individual, agency, or institution having a legitimate interest in
97	97	the proceeding or in the work of the court; or
98	98	(9) a managed assigned counsel program responsible for
99	99	appointing an attorney to represent the child in a juvenile
100	100	delinquency proceeding to determine indigence or fulfill the
101	101	program's duties in appointing and overseeing appointed counsel
102	102	once a request for appointed counsel is made.
103	103	SECTION 5. Sections 58.004, 58.005, and 58.007, Family
104	104	Code, as amended by this Act, apply to records created before, on,
105	105	or after the effective date of this Act.
106	106	SECTION 6. This Act takes effect September 1, 2025.