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