Bill Text: TX HB497 | 2013-2014 | 83rd Legislature | Introduced

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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.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2013-03-20 - Left pending in committee [HB497 Detail]

Download: Texas-2013-HB497-Introduced.html

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83R174 AJZ-D
By: Hernandez Luna H.B. No. 497

A BILL TO BE ENTITLED
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 CHILDREN CONVICTED OF
CERTAIN FINE-ONLY MISDEMEANORS. [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 child whose conviction for a fine-only
misdemeanor other than a traffic offense 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 or 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.
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 or 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.
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 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.