Bill Text: TX HB694 | 2013-2014 | 83rd Legislature | Enrolled

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Bill Title: Relating to access by certain military personnel to juvenile and criminal history information.

Sponsorship: Bipartisan Bill

Status: (Passed) 2013-06-14 - Effective immediately [HB694 Detail]

Download: Texas-2013-HB694-Enrolled.html

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H.B. No. 694

AN ACT
relating to access by certain military personnel to juvenile and
criminal history information.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 58.204(b), Family Code, is amended to
read as follows:
(b) On certification of records in a case under Section
58.203, the department may permit access to the information in the
juvenile justice information system relating to the case of an
individual only:
(1) by a criminal justice agency for a criminal
justice purpose, as those terms are defined by Section 411.082,
Government Code; [or]
(2) for research purposes, by the Texas Juvenile
Justice Department [Probation Commission, the Texas Youth
Commission,] or the Criminal Justice Policy Council; or
(3) with the written permission of the individual, by
military personnel, including a recruiter, of this state or the
United States if the individual is an applicant for enlistment in
the armed forces.
SECTION 2. Section 58.207, Family Code, is amended by
amending Subsection (a) and adding Subsection (c) to read as
follows:
(a) On certification of records in a case under Section
58.203, the juvenile court shall order:
(1) that the following records relating to the case
may be accessed only as provided by Section 58.204(b):
(A) if the respondent was committed to the Texas
Juvenile Justice Department [Youth Commission], records maintained
by the department [commission];
(B) records maintained by the juvenile probation
department;
(C) records maintained by the clerk of the court;
(D) records maintained by the prosecutor's
office; and
(E) records maintained by a law enforcement
agency; and
(2) the juvenile probation department to make a
reasonable effort to notify the person who is the subject of records
for which access has been restricted of the action restricting
access and the legal significance of the action for the person, but
only if the person has requested the notification in writing and has
provided the juvenile probation department with a current address.
(c) Notwithstanding Subsection (b) of this section and
Section 58.206(b), with the written permission of the subject of
the records, an agency under Subsection (a)(1) may allow military
personnel, including a recruiter, of this state or the United
States to access juvenile records in the same manner authorized by
law for records to which access has not been restricted under this
section.
SECTION 3. Subchapter F, Chapter 411, Government Code, is
amended by adding Section 411.1410 to read as follows:
Sec. 411.1410. ACCESS TO CRIMINAL HISTORY RECORD
INFORMATION: UNITED STATES ARMED FORCES. (a) In this section,
"agency of the United States armed forces" means the United States
Army, the United States Navy, the United States Marine Corps, the
United States Coast Guard, or the United States Air Force.
(b) Subject to Subsection (c), an agency of the United
States armed forces, including a recruiter for the agency, is
entitled to obtain from the department criminal history record
information maintained by the department that relates to a person
who is an applicant for enlistment in the United States armed
forces.
(c) An agency of the United States armed forces is entitled
to criminal history record information under Subsection (b) only if
the agency submits to the department a signed statement from the
applicant that authorizes the agency to obtain the information.
(d) Criminal history record information obtained by an
agency of the United States armed forces under Subsection (b) may
not be released to any person or agency except on court order or
with the consent of the person who is the subject of the criminal
history record information.
(e) An agency of the United States armed forces shall
destroy criminal history record information obtained under
Subsection (b) after the purpose for which the information was
obtained is accomplished.
SECTION 4. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2013.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 694 was passed by the House on May 9,
2013, by the following vote: Yeas 135, Nays 0, 2 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 694 was passed by the Senate on May
22, 2013, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor