Bill Text: TX SB409 | 2015-2016 | 84th Legislature | Enrolled

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Bill Title: Relating to the dissemination of confidential information contained in the juvenile justice information system.

Spectrum: Bipartisan Bill

Status: (Passed) 2015-06-16 - Effective on 9/1/15 [SB409 Detail]

Download: Texas-2015-SB409-Enrolled.html

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S.B. No. 409

AN ACT
relating to the dissemination of confidential information
contained in the juvenile justice information system.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Section 58.106, Family Code, is
amended to read as follows:
Sec. 58.106. DISSEMINATION OF CONFIDENTIAL INFORMATION IN
JUVENILE JUSTICE INFORMATION SYSTEM [CONFIDENTIALITY].
SECTION 2. Section 58.106, Family Code, is amended by
amending Subsections (a), (a-1), (b), and (c) and adding Subsection
(a-2) to read as follows:
(a) Except as otherwise provided by this section,
information contained in the juvenile justice information system is
confidential information for the use of the department and may not
be disseminated by the department except:
(1) with the permission of the juvenile offender, to
military personnel of this state or the United States;
(2) to a criminal justice agency as defined by Section
411.082, Government Code [person or entity to which the department
may grant access to adult criminal history records as provided by
Section 411.083, Government Code];
(3) to a noncriminal justice agency authorized by
federal statute or federal executive order to receive juvenile
justice record information;
(4) to a juvenile justice agency;
(5) [(4)] to the Texas Juvenile Justice Department
[Youth Commission and the Texas Juvenile Probation Commission for
analytical purposes];
(6) [(5)] to the office of independent ombudsman of
the Texas Juvenile Justice Department [Youth Commission]; [and]
(7) [(6)] to a district, county, justice, or municipal
court exercising jurisdiction over a juvenile, including a court
exercising jurisdiction over a juvenile under Section 54.021; and
(8) to the Department of Family and Protective
Services as provided by Section 411.114, Government Code.
(a-1) The department may disseminate information contained
in the juvenile justice information system to a noncriminal justice
agency or entity not listed in Subsection (a) to which the
department may grant access to adult criminal history record
information as provided by Section 411.083, Government Code, only
if the information does not relate to conduct indicating a need for
supervision or to delinquent conduct constituting a misdemeanor
offense:
(1) for which a child is on deferred prosecution under
Section 53.03;
(2) for which deferred prosecution was successfully
completed under Section 53.03;
(3) for which a charge was dropped or not pursued for
reasons other than a lack of probable cause;
(4) for which a charge is pending final adjudication
under Section 54.03; or
(5) found by the juvenile court to be "not true."
(a-2) Information disseminated under Subsection (a) or
(a-1) remains confidential after dissemination and may be disclosed
by the recipient only as provided by this title.
(b) Subsections (a) and (a-1) do [Subsection (a) does] not
apply to a document maintained by a juvenile justice agency that is
the source of information collected by the department.
(c) The department may, if necessary to protect the welfare
of the community, disseminate to the public the following
information relating to a juvenile who has escaped from the custody
of the Texas Juvenile Justice Department [Youth Commission] or from
another secure detention or correctional facility:
(1) the juvenile's name, including other names by
which the juvenile is known;
(2) the juvenile's physical description, including
sex, weight, height, race, ethnicity, eye color, hair color, scars,
marks, and tattoos;
(3) a photograph of the juvenile; and
(4) a description of the conduct for which the
juvenile was committed to the Texas Juvenile Justice Department
[Youth Commission] or detained in the secure detention or
correctional facility, including the level and degree of the
alleged offense.
SECTION 3. This Act takes effect September 1, 2015.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 409 passed the Senate on
May 4, 2015, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 409 passed the House on
May 22, 2015, by the following vote: Yeas 140, Nays 0,
two present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor