| |
| |
| |
|
|
AN ACT
|
|
|
relating to sealing court records containing medical information |
|
|
for children who are victims of certain offenses. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Title 1, Code of Criminal Procedure, is amended |
|
|
by adding Chapter 57C to read as follows: |
|
|
CHAPTER 57C. SEALING OF COURT RECORDS CONTAINING MEDICAL |
|
|
INFORMATION FOR CERTAIN CHILD VICTIMS |
|
|
Art. 57C.01. DEFINITIONS. In this chapter: |
|
|
(1) "Child" means a person who is younger than 18 |
|
|
years of age. |
|
|
(2) "Medical records" means any information used |
|
|
or generated by health care providers, including records relating |
|
|
to emergency room treatment, rehabilitation therapy, or |
|
|
counseling. |
|
|
Art. 57C.02. SEALING OF RECORDS. (a) Except as provided by |
|
|
Subsection (c), on a motion filed by a person described by |
|
|
Subsection (b), the court shall seal the medical records of a child |
|
|
who is a victim of an offense described by Section 1, Article |
|
|
38.071. |
|
|
(b) A motion under this article may be filed on the court's |
|
|
own motion or by: |
|
|
(1) the attorney representing the state; |
|
|
(2) the defendant; or |
|
|
(3) the parent or guardian of the victim or, if the |
|
|
victim is no longer a child, the victim. |
|
|
(c) The court is not required to seal the records described |
|
|
by this article on a finding of good cause after a hearing held |
|
|
under Subsection (d). |
|
|
(d) The court shall grant the motion without a hearing |
|
|
unless the motion is contested not later than the seventh day after |
|
|
the date the motion is filed. |
|
|
(e) Medical records sealed under this chapter are not open |
|
|
for inspection by any person except: |
|
|
(1) on further order of the court after: |
|
|
(A) notice to a parent or guardian of the victim |
|
|
whose information is sealed or, if the victim is no longer a child, |
|
|
notice to the victim; and |
|
|
(B) a finding of good cause; |
|
|
(2) in connection with a criminal or civil proceeding |
|
|
as otherwise provided by law; or |
|
|
(3) on request of a parent or legal guardian of the |
|
|
victim whose information is being sealed or, if the victim is no |
|
|
longer a child, on request of the victim. |
|
|
(f) A clerk of court is not liable for any failure to seal |
|
|
medical records after a motion under this chapter is granted, |
|
|
except on a showing of bad faith. |
|
|
SECTION 2. The change in law made by this Act applies only |
|
|
to a motion to seal medical records that is made on or after the |
|
|
effective date of this Act. A motion to seal medical records that |
|
|
is made before the effective date of this Act is governed by the law |
|
|
in effect immediately before the effective date of this Act, and the |
|
|
former law is continued in effect for that purpose. |
|
|
SECTION 3. 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, 2009. |
| |
| |
| |
______________________________ |
______________________________ |
| |
President of the Senate |
Speaker of the House |
| |
| |
|
|
I certify that H.B. No. 4136 was passed by the House on May 4, |
|
|
2009, by the following vote: Yeas 122, Nays 0, 1 present, not |
|
|
voting. |
|
|
|
|
|
______________________________ |
|
|
Chief Clerk of the House |
| |
| |
|
|
I certify that H.B. No. 4136 was passed by the Senate on May |
|
|
26, 2009, by the following vote: Yeas 31, Nays 0. |
|
|
|
|
|
______________________________ |
|
|
Secretary of the Senate |
|
|
APPROVED: _____________________ |
|
|
Date |
|
|
|
|
|
_____________________ |
|
|
Governor |