Bill Text: TX HB1573 | 2015-2016 | 84th Legislature | Introduced
Bill Title: Relating to the dissemination of confidential information contained in the juvenile justice information system.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2015-04-29 - Left pending in committee [HB1573 Detail]
Download: Texas-2015-HB1573-Introduced.html
84R3570 LEH-F | ||
By: White of Tyler | H.B. No. 1573 |
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relating to the dissemination of confidential information | ||
contained in the juvenile justice information system. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. The heading to Section 58.106, Family Code, is | ||
amended to read as follows: | ||
Sec. 58.106. DISSEMINATION OF CONFIDENTIAL INFORMATION IN | ||
JUVENILE JUSTICE INFORMATION SYSTEM [ |
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SECTION 2. Section 58.106, Family Code, is amended by | ||
amending Subsections (a), (a-1), (b), and (c) and adding Subsection | ||
(a-2) to read as follows: | ||
(a) Except as otherwise provided by this section, | ||
information contained in the juvenile justice information system is | ||
confidential information for the use of the department and may not | ||
be disseminated by the department except: | ||
(1) with the permission of the juvenile offender, to | ||
military personnel of this state or the United States; | ||
(2) to a criminal justice agency as defined by Section | ||
411.082, Government Code [ |
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(3) to a noncriminal justice agency authorized by | ||
federal statute or federal executive order to receive juvenile | ||
justice record information; | ||
(4) to a juvenile justice agency; | ||
(5) [ |
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(6) [ |
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the Texas Juvenile Justice Department [ |
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(7) [ |
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court exercising jurisdiction over a juvenile, including a court | ||
exercising jurisdiction over a juvenile under Section 54.021; and | ||
(8) to the Department of Family and Protective | ||
Services as provided by Section 411.114, Government Code. | ||
(a-1) The department may disseminate information contained | ||
in the juvenile justice information system to a noncriminal justice | ||
agency or entity not listed in Subsection (a) to which the | ||
department may grant access to adult criminal history record | ||
information as provided by Section 411.083, Government Code, only | ||
if the information does not relate to: | ||
(1) a juvenile case processed and disposed of by law | ||
enforcement informally or through a first offender program as | ||
provided by Section 52.03 or 52.031; | ||
(2) a deferred prosecution granted under Section | ||
53.03; | ||
(3) a charge dropped or not pursued for reasons other | ||
than a lack of probable cause; | ||
(4) a case pending final adjudication under Section | ||
54.03; or | ||
(5) conduct found by the juvenile court to be "not | ||
true." | ||
(a-2) Information disseminated under Subsection (a) or | ||
(a-1) remains confidential after dissemination and may be disclosed | ||
by the recipient only as provided by this title. | ||
(b) Subsections (a) and (a-1) do [ |
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apply to a document maintained by a juvenile justice agency that is | ||
the source of information collected by the department. | ||
(c) The department may, if necessary to protect the welfare | ||
of the community, disseminate to the public the following | ||
information relating to a juvenile who has escaped from the custody | ||
of the Texas Juvenile Justice Department [ |
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another secure detention or correctional facility: | ||
(1) the juvenile's name, including other names by | ||
which the juvenile is known; | ||
(2) the juvenile's physical description, including | ||
sex, weight, height, race, ethnicity, eye color, hair color, scars, | ||
marks, and tattoos; | ||
(3) a photograph of the juvenile; and | ||
(4) a description of the conduct for which the | ||
juvenile was committed to the Texas Juvenile Justice Department | ||
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correctional facility, including the level and degree of the | ||
alleged offense. | ||
SECTION 3. This Act takes effect September 1, 2015. |