Bill Text: TX HB528 | 2013-2014 | 83rd Legislature | Enrolled

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Bill Title: Relating to the restriction of access to the records and files of a child charged with or convicted of certain fine-only misdemeanor offenses.

Sponsorship: Partisan Bill (Democrat 5)

Status: (Passed) 2013-06-14 - Effective on 1/1/14 [HB528 Detail]

Download: Texas-2013-HB528-Enrolled.html

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H.B. No. 528

AN ACT
relating to the restriction of access to the records and files of a
child charged with or convicted of certain fine-only misdemeanor
offenses.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 44.2811, Code of Criminal Procedure, is
amended to read as follows:
Art. 44.2811. RECORDS RELATING TO CERTAIN [CHILDREN
CONVICTED OF] FINE-ONLY MISDEMEANORS COMMITTED BY A CHILD. [All
records and files and information stored by electronic means or
otherwise, from which a record or file could be generated, relating
to a child who is convicted of and has satisfied the judgment for a
fine-only misdemeanor offense other than a traffic offense are
confidential and may not be disclosed to the public except as
provided under Article 45.0217(b).] All records and files and
information stored by electronic means or otherwise, from which a
record or file could be generated, relating to a criminal case
[child whose conviction] for a fine-only misdemeanor, other than a
traffic offense, that is committed by a child and that is appealed
[affirmed] are confidential [upon satisfaction of the judgment] and
may not be disclosed to the public except as provided under Article
45.0217(b).
SECTION 2. The heading to Article 45.0217, Code of Criminal
Procedure, is amended to read as follows:
Art. 45.0217. CONFIDENTIAL RECORDS RELATED TO CHARGES
AGAINST OR THE CONVICTION OF A CHILD.
SECTION 3. Article 45.0217(a), Code of Criminal Procedure,
is amended to read as follows:
(a) Except as provided by Article 15.27 and Subsection (b),
all records and files, including those held by law enforcement, and
information stored by electronic means or otherwise, from which a
record or file could be generated, relating to a child who is
charged with, is convicted of, is found not guilty of, had a charge
dismissed for, or is granted deferred disposition [and has
satisfied the judgment] for a fine-only misdemeanor offense other
than a traffic offense are confidential and may not be disclosed to
the public.
SECTION 4. Section 58.00711, Family Code, is amended to
read as follows:
Sec. 58.00711. RECORDS RELATING TO CHILDREN CHARGED WITH OR
CONVICTED OF FINE-ONLY MISDEMEANORS. Except as provided by Article
45.0217(b), Code of Criminal Procedure, all records and files and
information stored by electronic means or otherwise, from which a
record or file could be generated, relating to a child who is
charged with, is convicted of, is found not guilty of, had a charge
dismissed for, or is granted deferred disposition [and has
satisfied the judgment] for a fine-only misdemeanor offense other
than a traffic offense are confidential and may not be disclosed to
the public.
SECTION 5. Articles 44.2811 and 45.0217, Code of Criminal
Procedure, and Section 58.00711, Family Code, as amended by this
Act, apply to an offense committed before, on, or after the
effective date of this Act.
SECTION 6. This Act takes effect January 1, 2014.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 528 was passed by the House on April
23, 2013, by the following vote: Yeas 146, Nays 0, 2 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 528 was passed by the Senate on May
22, 2013, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor