This website will be unavailable from Thursday, May 30, 2024 at 6:00 p.m. through Monday, June 3, 2024 at 7:00 a.m. due to data center maintenance.

  83R2722 KKR-F
 
  By: West S.B. No. 394
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to restricting access to records of children convicted of
  or receiving deferred disposition for certain fine-only
  misdemeanors.
         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 OR
  RECEIVING DEFERRED DISPOSITION FOR FINE-ONLY MISDEMEANORS.  
  (a)  This article applies only to a misdemeanor offense punishable
  by fine only, other than a traffic offense.
         (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 who is convicted of and has satisfied
  the judgment for or who has received a dismissal after deferral of
  disposition for an [a fine-only misdemeanor] offense described by
  Subsection (a) [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.  Article 45.0217, Code of Criminal Procedure, is
  amended to read as follows:
         Art. 45.0217.  CONFIDENTIAL RECORDS RELATED TO THE
  CONVICTION OF OR DEFERRAL OF DISPOSITION FOR A CHILD.  (a)  This
  article applies only to a misdemeanor offense punishable by fine
  only, other than a traffic offense.
         (a-1)  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 or
  who has received a dismissal after deferral of disposition for an [a
  fine-only misdemeanor] offense described by Subsection (a) [other
  than a traffic offense] are confidential and may not be disclosed to
  the public.
         (b)  Information subject to Subsection (a-1) [(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.  Section 58.00711, Family Code, is amended to
  read as follows:
         Sec. 58.00711.  RECORDS RELATING TO CHILDREN CONVICTED OF OR
  RECEIVING DEFERRED DISPOSITION FOR FINE-ONLY MISDEMEANORS.  
  (a)  This section applies only to a misdemeanor offense punishable
  by fine only, other than a traffic offense.
         (b)  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 or who has received a dismissal after deferral of
  disposition for an [a fine-only misdemeanor] offense described by
  Subsection (a) [other than a traffic offense] are confidential and
  may not be disclosed to the public.
         SECTION 4.  Articles 44.2811 and 45.0217, Code of Criminal
  Procedure, and Section 58.00711, Family Code, as amended by this
  Act, apply to the disclosure of a record or file on or after the
  effective date of this Act regardless of whether the offense that is
  the subject of the record or file was committed before, on, or after
  the effective date of this Act.
         SECTION 5.  This Act takes effect September 1, 2013.