Bill Text: TX SB1752 | 2011-2012 | 82nd Legislature | Comm Sub

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Relating to confidentiality of certain Class C misdemeanor records related to the conviction of a child.

Spectrum: Slight Partisan Bill (Democrat 4-2)

Status: (Engrossed - Dead) 2011-05-21 - Committee report sent to Calendars [SB1752 Detail]

Download: Texas-2011-SB1752-Comm_Sub.html

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By: Uresti S.B. No. 1752
(In the Senate - Filed March 11, 2011; March 23, 2011, read
first time and referred to Committee on Jurisprudence;
April 13, 2011, reported favorably by the following vote: Yeas 7,
Nays 0; April 13, 2011, sent to printer.)

A BILL TO BE ENTITLED
AN ACT
relating to confidentiality of certain Class C misdemeanor records
related to the conviction of a child.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 44, Code of Criminal Procedure, is
amended by adding Article 44.2811 to read as follows:
Art. 44.2811. RECORDS RELATING TO CHILDREN CONVICTED OF
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 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. Chapter 45, Code of Criminal Procedure, is
amended by adding Article 45.0217 to read as follows:
Art. 45.0217. CONFIDENTIAL RECORDS RELATED TO THE
CONVICTION OF A CHILD. (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 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.
(b) Information subject to Subsection (a) may be open to
inspection only by:
(1) judges or court staff;
(2) a criminal justice agency for a criminal justice
purpose, as those terms are defined by Section 411.082, Government
Code;
(3) the Department of Public Safety;
(4) an attorney for a party to the proceeding;
(5) the child defendant; or
(6) the defendant's parent, guardian, or managing
conservator.
SECTION 3. Subsections (f-1) and (j), Section 411.081,
Government Code, are repealed.
SECTION 4. Subsection (a), Section 411.0851, Government
Code, is amended to read as follows:
(a) A private entity that compiles and disseminates for
compensation criminal history record information shall destroy and
may not disseminate any information in the possession of the entity
with respect to which the entity has received notice that:
(1) an order of expunction has been issued under
Article 55.02, Code of Criminal Procedure; or
(2) an order of nondisclosure has been issued under
Section 411.081(d) [or (f-1)].
SECTION 5. The heading and Subsection (a), Section 552.142,
Government Code, are amended to read as follows:
Sec. 552.142. EXCEPTION: RECORDS OF CERTAIN DEFERRED
ADJUDICATIONS [AND CERTAIN MISDEMEANORS PUNISHABLE BY FINE ONLY].
(a) Information is excepted from the requirements of
Section 552.021 if an order of nondisclosure with respect to the
information has been issued under Section 411.081(d) [or (f-1)].
SECTION 6. Subsection (a), Section 552.1425, Government
Code, is amended to read as follows:
(a) A private entity that compiles and disseminates for
compensation criminal history record information may not compile or
disseminate information with respect to which the entity has
received notice that:
(1) an order of expunction has been issued under
Article 55.02, Code of Criminal Procedure; or
(2) an order of nondisclosure has been issued under
Section 411.081(d) [or (f-1)].
SECTION 7. Subchapter A, Chapter 58, Family Code, is
amended by adding Section 58.00711 to read as follows:
Sec. 58.00711. RECORDS RELATING TO CHILDREN 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 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 8. The changes in law made by this Act apply to
convictions before, on, or after the effective date of this Act.
SECTION 9. This Act takes effect September 1, 2011.
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