Bill Text: TX HB3705 | 2017-2018 | 85th Legislature | Enrolled
Bill Title: Relating to local juvenile justice information systems.
Spectrum: Bipartisan Bill
Status: (Passed) 2017-06-15 - Effective on 9/1/17 [HB3705 Detail]
Download: Texas-2017-HB3705-Enrolled.html
H.B. No. 3705 |
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relating to local juvenile justice information systems. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 58.301, Family Code, is amended by | ||
amending Subdivisions (2) and (5) and adding Subdivision (2-a) to | ||
read as follows: | ||
(2) "Juvenile facility" means a facility that: | ||
(A) serves juveniles under a juvenile court's | ||
jurisdiction; and | ||
(B) is operated as a holdover facility, a | ||
pre-adjudication detention facility, a nonsecure facility, or a | ||
post-adjudication secure correctional facility. | ||
(2-a) "Governmental juvenile [ |
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means a juvenile [ |
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unit of government. | ||
(5) "Partner agency" means a [ |
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provider or juvenile [ |
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authorized by this subchapter to be a member of a local juvenile | ||
justice information system or that has applied to be a member of a | ||
local juvenile justice information system and has been approved by | ||
the county juvenile board or regional juvenile board committee as a | ||
member of the system. | ||
SECTION 2. Section 58.303(b), Family Code, is amended to | ||
read as follows: | ||
(b) A local juvenile justice information system may contain | ||
the following components: | ||
(1) case management resources for juvenile courts, | ||
court clerks, prosecuting attorneys, and county juvenile probation | ||
departments; | ||
(2) reporting systems to fulfill statutory | ||
requirements for reporting in the juvenile justice system; | ||
(3) service provider directories and indexes of | ||
agencies providing services to children; | ||
(4) victim-witness notices required under Chapter 57; | ||
(5) electronic filing of complaints or petitions, | ||
court orders, and other documents filed with the court, including | ||
documents containing electronic signatures; | ||
(6) electronic offense and intake processing; | ||
(7) case docket management and calendaring; | ||
(8) communications by email or other electronic | ||
communications between partner agencies; | ||
(9) reporting of charges filed, adjudications and | ||
dispositions of juveniles by municipal and justice courts and the | ||
juvenile court, and transfers of cases to the juvenile court as | ||
authorized or required by Section 51.08; | ||
(10) reporting to schools under Article 15.27, Code of | ||
Criminal Procedure, by law enforcement agencies, prosecuting | ||
attorneys, and juvenile courts; | ||
(11) records of adjudications and dispositions, | ||
including probation conditions ordered by the juvenile court; [ |
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(12) warrant management and confirmation | ||
capabilities; and | ||
(13) case management for juveniles in juvenile | ||
facilities. | ||
SECTION 3. Sections 58.304(a) and (b), Family Code, are | ||
amended to read as follows: | ||
(a) A [ |
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information system must consist of: | ||
(1) information relating to all referrals to the | ||
juvenile court of any type, including referrals for conduct | ||
indicating a need for supervision and delinquent conduct; and | ||
(2) information relating to: | ||
(A) the juvenile; | ||
(B) the intake or referral of the juvenile into | ||
the juvenile justice system for any offense or conduct; | ||
(C) the detention of the juvenile; | ||
(D) the prosecution of the juvenile; | ||
(E) the disposition of the juvenile's case, | ||
including the name and description of any program to which the | ||
juvenile is referred; and | ||
(F) the probation, placement, or commitment of | ||
the juvenile. | ||
(b) To the extent possible and subject to Subsection (a) | ||
[ |
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system may include the following information for each juvenile | ||
taken into custody, detained, or referred under this title: | ||
(1) the juvenile's name, including other names by | ||
which the juvenile is known; | ||
(2) the juvenile's date and place of birth; | ||
(3) the juvenile's physical description, including | ||
sex, weight, height, race, ethnicity, eye color, hair color, scars, | ||
marks, and tattoos; | ||
(4) the juvenile's state identification number and | ||
other identifying information; | ||
(5) the juvenile's fingerprints and photograph; | ||
(6) the juvenile's last known residential address, | ||
including the census tract number designation for the address; | ||
(7) the name, address, and phone number of the | ||
juvenile's parent, guardian, or custodian; | ||
(8) the name and identifying number of the agency that | ||
took into custody or detained the juvenile; | ||
(9) each date of custody or detention; | ||
(10) a detailed description of the conduct for which | ||
the juvenile was taken into custody, detained, or referred, | ||
including the level and degree of the alleged offense; | ||
(11) the name and identifying number of the juvenile | ||
intake agency or juvenile probation office; | ||
(12) each disposition by the juvenile intake agency or | ||
juvenile probation office; | ||
(13) the date of disposition by the juvenile intake | ||
agency or juvenile probation office; | ||
(14) the name and identifying number of the | ||
prosecutor's office; | ||
(15) each disposition by the prosecutor; | ||
(16) the date of disposition by the prosecutor; | ||
(17) the name and identifying number of the court; | ||
(18) each disposition by the court, including | ||
information concerning custody of a juvenile by a juvenile justice | ||
agency or county juvenile probation department; | ||
(19) the date of disposition by the court; | ||
(20) any commitment or release under supervision by | ||
the Texas Juvenile Justice Department, including the date of the | ||
commitment or release; | ||
(21) information concerning each appellate | ||
proceeding; [ |
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(22) electronic copies of all documents filed with the | ||
court; and | ||
(23) information obtained for the purpose of | ||
diagnosis, examination, evaluation, treatment, or referral for | ||
treatment of a child by a public or private agency or institution | ||
providing supervision of a child by arrangement of the juvenile | ||
court or having custody of the child under order of the juvenile | ||
court. | ||
SECTION 4. Section 58.305, Family Code, is amended to read | ||
as follows: | ||
Sec. 58.305. PARTNER AGENCIES. (a) A local juvenile | ||
justice information system shall to the extent possible include the | ||
following partner agencies within that county: | ||
(1) the juvenile court and court clerk; | ||
(2) justice of the peace and municipal courts; | ||
(3) the county juvenile probation department; | ||
(4) the prosecuting attorneys who prosecute juvenile | ||
cases in juvenile court, municipal court, or justice court; | ||
(5) law enforcement agencies; | ||
(6) each public school district in the county; | ||
(7) [ |
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county juvenile board; and | ||
(8) juvenile [ |
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approved by the county juvenile board. | ||
(b) A local juvenile justice information system for a | ||
multicounty region shall to the extent possible include the partner | ||
agencies listed in Subsections (a)(1)-(6) for each county in the | ||
region and the following partner agencies from within the | ||
multicounty region that have applied for membership in the system | ||
and have been approved by the regional juvenile board committee: | ||
(1) [ |
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(2) juvenile [ |
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SECTION 5. Section 58.306, Family Code, is amended by | ||
amending Subsections (e), (f), and (g) and adding Subsection (i) to | ||
read as follows: | ||
(e) Except as provided by Subsection (i), Level 1 Access is | ||
by public school districts in the county or region served by the | ||
local juvenile justice information system. | ||
(f) Except as provided by Subsection (i), Level 2 Access is | ||
by: | ||
(1) justice of the peace courts that process juvenile | ||
cases; and | ||
(2) municipal courts that process juvenile cases. | ||
(g) Except as provided by Subsection (i), Level 3 Access is | ||
by: | ||
(1) the juvenile court and court clerk; | ||
(2) the prosecuting attorney; | ||
(3) the county juvenile probation department; | ||
(4) law enforcement agencies; | ||
(5) governmental service providers that are partner | ||
agencies; [ |
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(6) governmental juvenile [ |
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are partner agencies; and | ||
(7) a private juvenile facility that is a partner | ||
agency, except the access is limited to information that relates to | ||
a child detained or placed in the custody of the facility. | ||
(i) Information described by Section 58.304(b)(23) may be | ||
accessed only by: | ||
(1) the juvenile court and court clerk; | ||
(2) the county juvenile probation department; | ||
(3) a governmental juvenile facility that is a partner | ||
agency; and | ||
(4) a private juvenile facility that is a partner | ||
agency, except the access is limited to information that relates to | ||
a child detained or placed in the custody of the facility. | ||
SECTION 6. Section 58.307(e), Family Code, is amended to | ||
read as follows: | ||
(e) Information in a local juvenile justice information | ||
system, including electronic signature systems, shall be protected | ||
from unauthorized access by a system of access security and any | ||
access to information in a local juvenile information system | ||
performed by browser software shall be at the level of at least | ||
2048-bit [ |
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juvenile board committee shall require all partner agencies to | ||
maintain security and restrict access in accordance with the | ||
requirements of this title. | ||
SECTION 7. The following provisions of the Family Code are | ||
repealed: | ||
(1) Section 58.303(d); and | ||
(2) Section 58.304(d). | ||
SECTION 8. This Act takes effect September 1, 2017. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I certify that H.B. No. 3705 was passed by the House on May 9, | ||
2017, by the following vote: Yeas 145, Nays 0, 2 present, not | ||
voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
I certify that H.B. No. 3705 was passed by the Senate on May | ||
24, 2017, by the following vote: Yeas 31, Nays 0. | ||
______________________________ | ||
Secretary of the Senate | ||
APPROVED: _____________________ | ||
Date | ||
_____________________ | ||
Governor |