CHAPTER 58. RECORDS; JUVENILE JUSTICE INFORMATION SYSTEM
FAMILY CODE
TITLE 3. JUVENILE JUSTICE CODE
CHAPTER 58. RECORDS; JUVENILE JUSTICE INFORMATION SYSTEM
SUBCHAPTER A. RECORDS
Sec. 58.001. COLLECTION OF RECORDS OF CHILDREN. (a) Law
enforcement officers and other juvenile justice personnel shall
collect information described by Section 58.104 as a part of the
juvenile justice information system created under Subchapter B.
(b) The information is available as provided by Subchapter B.
(c) A law enforcement agency shall forward information,
including fingerprints, relating to a child who has been taken
into custody under Section 52.01 by the agency to the Department
of Public Safety for inclusion in the juvenile justice
information system created under Subchapter B, but only if the
child is referred to juvenile court on or before the 10th day
after the date the child is taken into custody under Section
52.01. If the child is not referred to juvenile court within that
time, the law enforcement agency shall destroy all information,
including photographs and fingerprints, relating to the child
unless the child is placed in a first offender program under
Section 52.031 or on informal disposition under Section 52.03.
The law enforcement agency may not forward any information to the
Department of Public Safety relating to the child while the child
is in a first offender program under Section 52.031, or during
the 90 days following successful completion of the program or
while the child is on informal disposition under Section 52.03.
Except as provided by Subsection (f), after the date the child
completes an informal disposition under Section 52.03 or after
the 90th day after the date the child successfully completes a
first offender program under Section 52.031, the law enforcement
agency shall destroy all information, including photographs and
fingerprints, relating to the child.
(d) If information relating to a child is contained in a
document that also contains information relating to an adult and
a law enforcement agency is required to destroy all information
relating to the child under this section, the agency shall alter
the document so that the information relating to the child is
destroyed and the information relating to the adult is preserved.
(e) The deletion of a computer entry constitutes destruction of
the information contained in the entry.
(f) A law enforcement agency may maintain information relating
to a child after the 90th day after the date the child
successfully completes a first offender program under Section
52.031 only to determine the child's eligibility to participate
in a first offender program.
Added by Acts 1995, 74th Leg., ch. 262, Sec. 53, eff. Jan. 1,
1996. Amended by Acts 1997, 75th Leg., ch. 1086, Sec. 16, eff.
Sept. 1, 1997; Acts 1999, 76th Leg., ch. 1477, Sec. 16, eff.
Sept. 1, 1999.
Sec. 58.002. PHOTOGRAPHS AND FINGERPRINTS OF CHILDREN. (a)
Except as provided by Chapter 63, Code of Criminal Procedure, a
child may not be photographed or fingerprinted without the
consent of the juvenile court unless the child is taken into
custody or referred to the juvenile court for conduct that
constitutes a felony or a misdemeanor punishable by confinement
in jail.
(b) On or before December 31 of each year, the head of each
municipal or county law enforcement agency located in a county
shall certify to the juvenile board for that county that the
photographs and fingerprints required to be destroyed under
Section 58.001 have been destroyed. The juvenile board shall
conduct or cause to be conducted an audit of the records of the
law enforcement agency to verify the destruction of the
photographs and fingerprints and the law enforcement agency shall
make its records available for this purpose. If the audit shows
that the certification provided by the head of the law
enforcement agency is false, that person is subject to
prosecution for perjury under Chapter 37, Penal Code.
(c) This section does not prohibit a law enforcement officer
from photographing or fingerprinting a child who is not in
custody if the child's parent or guardian voluntarily consents in
writing to the photographing or fingerprinting of the child.
(d) This section does not apply to fingerprints that are
required or authorized to be submitted or obtained for an
application for a driver's license or personal identification
card.
(e) This section does not prohibit a law enforcement officer
from fingerprinting or photographing a child as provided by
Section 58.0021.
Added by Acts 1995, 74th Leg., ch. 262, Sec. 53, eff. Jan. 1,
1996. Amended by Acts 1997, 75th Leg., ch. 1086, Sec. 17, eff.
Sept. 1, 1997; Acts 1999, 76th Leg., ch. 1477, Sec. 17, eff.
Sept. 1, 1999; Acts 2001, 77th Leg., ch. 1297, Sec. 34, eff.
Sept. 1, 2001.
Sec. 58.0021. FINGERPRINTS OR PHOTOGRAPHS FOR COMPARISON IN
INVESTIGATION. (a) A law enforcement officer may take temporary
custody of a child to take the child's fingerprints if:
(1) the officer has probable cause to believe that the child has
engaged in delinquent conduct;
(2) the officer has investigated that conduct and has found
other fingerprints during the investigation; and
(3) the officer has probable cause to believe that the child's
fingerprints will match the other fingerprints.
(b) A law enforcement officer may take temporary custody of a
child to take the child's photograph if:
(1) the officer has probable cause to believe that the child has
engaged in delinquent conduct; and
(2) the officer has probable cause to believe that the child's
photograph will be of material assistance in the investigation of
that conduct.
(c) Temporary custody for the purpose described by Subsection
(a) or (b):
(1) is not a taking into custody under Section 52.01; and
(2) may not be reported to the juvenile justice information
system under Subchapter B.
(d) If a law enforcement officer does not take the child into
custody under Section 52.01, the child shall be released from
temporary custody authorized under this section as soon as the
fingerprints or photographs are obtained.
(e) A law enforcement officer who under this section obtains
fingerprints or photographs from a child shall:
(1) immediately destroy them if they do not lead to a positive
comparison or identification; and
(2) make a reasonable effort to notify the child's parent,
guardian, or custodian of the action taken.
(f) A law enforcement officer may under this section obtain
fingerprints or photographs from a child at:
(1) a juvenile processing office; or
(2) a location that affords reasonable privacy to the child.
Added by Acts 2001, 77th Leg., ch. 1297, Sec. 35, eff. Sept. 1,
2001.
Sec. 58.0022. FINGERPRINTS OR PHOTOGRAPHS TO IDENTIFY RUNAWAYS.
A law enforcement officer who takes a child into custody with
probable cause to believe that the child has engaged in conduct
indicating a need for supervision as described by Section
51.03(b)(3) and who after reasonable effort is unable to
determine the identity of the child, may fingerprint or
photograph the child to establish the child's identity. On
determination of the child's identity or that the child cannot be
identified by the fingerprints or photographs, the law
enforcement officer shall immediately destroy all copies of the
fingerprint records or photographs of the child.
Added by Acts 2001, 77th Leg., ch. 1297, Sec. 36, eff. Sept. 1,
2001.
Sec. 58.003. SEALING OF RECORDS. (a) Except as provided by
Subsections (b) and (c), on the application of a person who has
been found to have engaged in delinquent conduct or conduct
indicating a need for supervision, or a person taken into custody
to determine whether the person engaged in delinquent conduct or
conduct indicating a need for supervision, on the juvenile
court's own motion the court shall order the sealing of the
records in the case if the court finds that:
(1) two years have elapsed since final discharge of the person
or since the last official action in the person's case if there
was no adjudication; and
(2) since the time specified in Subdivision (1), the person has
not been convicted of a felony or a misdemeanor involving moral
turpitude or found to have engaged in delinquent conduct or
conduct indicating a need for supervision and no proceeding is
pending seeking conviction or adjudication.
(b) A court may not order the sealing of the records of a person
who has received a determinate sentence for engaging in
delinquent conduct that violated a penal law listed in Section
53.045 or engaging in habitual felony conduct as described by
Section 51.031.
(c) Subject to Subsection (b), a court may order the sealing of
records concerning a person adjudicated as having engaged in
delinquent conduct that violated a penal law of the grade of
felony only if:
(1) the person is 21 years of age or older;
(2) the person was not transferred by a juvenile court under
Section 54.02 to a criminal court for prosecution;
(3) the records have not been used as evidence in the punishment
phase of a criminal proceeding under Section 3(a), Article 37.07,
Code of Criminal Procedure; and
(4) the person has not been convicted of a penal law of the
grade of felony after becoming age 17.
(c-1) Notwithstanding Subsections (a) and (c) and subject to
Subsection (b), a juvenile court may order the sealing of records
concerning a child adjudicated as having engaged in delinquent
conduct or conduct indicating a need for supervision that
violated a penal law of the grade of misdemeanor or felony if the
child successfully completed a drug court program under Chapter
469, Health and Safety Code. The court may:
(1) order the sealing of the records immediately and without a
hearing; or
(2) hold a hearing to determine whether to seal the records.
(c-2) If the court orders the sealing of a child's records under
Subsection (c-1), a prosecuting attorney or juvenile probation
department may maintain until the child's 17th birthday a
separate record of the child's name and date of birth and the
date the child successfully completed the drug court program.
The prosecuting attorney or juvenile probation department, as
applicable, shall send the record to the court as soon as
practicable after the child's 17th birthday to be added to the
child's other sealed records.
(d) The court may grant the relief authorized in Subsection (a)
or (c-1) at any time after final discharge of the person or after
the last official action in the case if there was no
adjudication, subject to Subsection (e). If the child is
referred to the juvenile court for conduct constituting any
offense and at the adjudication hearing the child is found to be
not guilty of each offense alleged, the court shall immediately
and without any additional hearing order the sealing of all files
and records relating to the case.
(e) The court shall hold a hearing before sealing a person's
records under Subsection (a) or (c) unless the applicant waives
the right to a hearing in writing and the court and the
prosecuting attorney for the juvenile court consent. Reasonable
notice of the hearing shall be given to:
(1) the person who made the application or who is the subject of
the records named in the motion;
(2) the prosecuting attorney for the juvenile court;
(3) the authority granting the discharge if the final discharge
was from an institution or from parole;
(4) the public or private agency or institution having custody
of records named in the application or motion; and
(5) the law enforcement agency having custody of files or
records named in the application or motion.
(f) A copy of the sealing order shall be sent to each agency or
official named in the order.
(g) On entry of the order:
(1) all law enforcement, prosecuting attorney, clerk of court,
and juvenile court records ordered sealed shall be sent before
the 61st day after the date the order is received to the court
issuing the order;
(2) all records of a public or private agency or institution
ordered sealed shall be sent before the 61st day after the date
the order is received to the court issuing the order;
(3) all index references to the records ordered sealed shall be
deleted before the 61st day after the date the order is received,
and verification of the deletion shall be sent before the 61st
day after the date of the deletion to the court issuing the
order;
(4) the juvenile court, clerk of court, prosecuting attorney,
public or private agency or institution, and law enforcement
officers and agencies shall properly reply that no record exists
with respect to the person on inquiry in any matter; and
(5) the adjudication shall be vacated and the proceeding
dismissed and treated for all purposes other than a subsequent
capital prosecution, including the purpose of showing a prior
finding of delinquent conduct, as if it had never occurred.
(g-1) Any records collected or maintained by the Texas Juvenile
Probation Commission, including statistical data submitted under
Section 141.044, Human Resources Code, are not subject to a
sealing order issued under this section.
(h) Inspection of the sealed records may be permitted by an
order of the juvenile court on the petition of the person who is
the subject of the records and only by those persons named in the
order.
(i) On the final discharge of a child or on the last official
action in the case if there is no adjudication, the child shall
be given a written explanation of the child's rights under this
section and a copy of the provisions of this section.
(j) A person whose records have been sealed under this section
is not required in any proceeding or in any application for
employment, information, or licensing to state that the person
has been the subject of a proceeding under this title and any
statement that the person has never been found to be a delinquent
child shall never be held against the person in any criminal or
civil proceeding.
(k) A prosecuting attorney may, on application to the juvenile
court, reopen at any time the files and records of a person
adjudicated as having engaged in delinquent conduct that violated
a penal law of the grade of felony sealed by the court under this
section for the purposes of Sections 12.42(a)-(c) and (e), Penal
Code.
(l) On the motion of a person in whose name records are kept or
on the court's own motion, the court may order the destruction of
records that have been sealed under this section if:
(1) the records relate to conduct that did not violate a penal
law of the grade of felony or a misdemeanor punishable by
confinement in jail;
(2) five years have elapsed since the person's 16th birthday;
and
(3) the person has not been convicted of a felony.
(m) On request of the Department of Public Safety, a juvenile
court shall reopen and allow the department to inspect the files
and records of the juvenile court relating to an applicant for a
license to carry a concealed handgun under Subchapter H, Chapter
411, Government Code.
(n) A record created or maintained under Chapter 62, Code of
Criminal Procedure, may not be sealed under this section if the
person who is the subject of the record has a continuing
obligation to register under that chapter.
(o) An agency or official named in the order that cannot seal
the records because the information required in the order under
Subsection (p) is incorrect or insufficient shall notify the
court issuing the order before the 61st day after the date the
agency or official receives the order. The court shall notify
the person who made the application or who is the subject of the
records named in the motion, or the attorney for that person,
before the 61st day after the date the court receives the notice
that the agency or official cannot seal the records because there
is incorrect or insufficient information in the order.
(p) A person who is eligible to seal records may file an
application for the sealing of records in a juvenile court of the
county in which the proceedings occurred. The application and
sealing order entered on the application must include the
following information or an explanation for why one or more of
the following is not included:
(1) the applicant's:
(A) full name;
(B) sex;
(C) race or ethnicity;
(D) date of birth;
(E) driver's license or identification card number; and
(F) social security number;
(2) the offense charged against the applicant or for which the
applicant was referred to the juvenile justice system;
(3) the date on which and the county where the offense was
alleged to have been committed; and
(4) if a petition was filed in the juvenile court, the cause
number assigned to the petition and the court and county in which
the petition was filed.
Added by Acts 1995, 74th Leg., ch. 262, Sec. 53, eff. Jan. 1,
1996. Amended by Acts 1997, 75th Leg., ch. 165, Sec. 10.05(a),
eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 1086, Sec. 18, eff.
Sept. 1, 1997; Acts 1999, 76th Leg., ch. 62, Sec. 19.01(20), eff.
Sept. 1, 1999; Acts 1999, 76th Leg., ch. 147, Sec. 1, eff. Sept.
1, 1999; Acts 2003, 78th Leg., ch. 283, Sec. 26, eff. Sept. 1,
2003.
Amended by:
Acts 2005, 79th Leg., Ch.
949, Sec. 16, eff. September 1, 2005.
Acts 2009, 81st Leg., R.S., Ch.
189, Sec. 1, eff. September 1, 2009.
Sec. 58.005. CONFIDENTIALITY OF RECORDS. (a) Records and files
concerning a child, including personally identifiable
information, and information obtained for the purpose of
diagnosis, examination, evaluation, or treatment or for making a
referral for treatment of a child by a public or private agency
or institution providing supervision of a child by arrangement of
the juvenile court or having custody of the child under order of
the juvenile court may be disclosed only to:
(1) the professional staff or consultants of the agency or
institution;
(2) the judge, probation officers, and professional staff or
consultants of the juvenile court;
(3) an attorney for the child;
(4) a governmental agency if the disclosure is required or
authorized by law;
(5) a person or entity to whom the child is referred for
treatment or services if the agency or institution disclosing the
information has entered into a written confidentiality agreement
with the person or entity regarding the protection of the
disclosed information;
(6) the Texas Department of Criminal Justice and the Texas
Juvenile Probation Commission for the purpose of maintaining
statistical records of recidivism and for diagnosis and
classification; or
(7) with leave of the juvenile court, any other person, agency,
or institution having a legitimate interest in the proceeding or
in the work of the court.
(b) This section does not apply to information collected under
Section 58.104 or under Subchapter D-1.
Added by Acts 1995, 74th Leg., ch. 262, Sec. 53, eff. Jan. 1,
1996. Amended by Acts 2003, 78th Leg., ch. 283, Sec. 27, eff.
Sept. 1, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
908, Sec. 26(a), eff. September 1, 2007.
Sec. 58.0051. INTERAGENCY SHARING OF RECORDS. (a) Within each
county, a district school superintendent and the juvenile
probation department may enter into a written interagency
agreement to share information about juvenile offenders. The
agreement must specify the conditions under which summary
criminal history information is to be made available to
appropriate school personnel and the conditions under which
school records are to be made available to appropriate juvenile
justice agencies.
(b) Information disclosed under this section by a school
district must relate to the juvenile system's ability to serve,
before adjudication, the student whose records are being
released.
(c) A juvenile justice agency official who receives educational
information under this section shall certify in writing that the
institution or individual receiving the personally identifiable
information has agreed not to disclose it to a third party, other
than another juvenile justice agency.
(d) A juvenile justice agency that receives educational
information under this section shall destroy all information when
the child is no longer under the jurisdiction of a juvenile
court.
(e) The Texas Juvenile Probation Commission may, in conformity
with Section 58.0072 of this code and Section 37.084, Education
Code, enter into an interagency agreement to share educational
information for research, audit, and analytical purposes with
the:
(1) Texas Education Agency;
(2) Texas Youth Commission; and
(3) Texas Department of Criminal Justice.
Added by Acts 1999, 76th Leg., ch. 217, Sec. 1, eff. May 24,
1999.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
908, Sec. 16, eff. September 1, 2007.
Sec. 58.006. DESTRUCTION OF CERTAIN RECORDS. The court shall
order the destruction of the records relating to the conduct for
which a child is taken into custody, including records contained
in the juvenile justice information system, if:
(1) a determination that no probable cause exists to believe the
child engaged in the conduct is made under Section 53.01 and the
case is not referred to a prosecutor for review under Section
53.012; or
(2) a determination that no probable cause exists to believe the
child engaged in the conduct is made by a prosecutor under
Section 53.012.
Added by Acts 1995, 74th Leg., ch. 262, Sec. 53, eff. Jan. 1,
1996.
Sec. 58.007. PHYSICAL RECORDS OR FILES. (a) This section
applies only to the inspection and maintenance of a physical
record or file concerning a child and the storage of information,
by electronic means or otherwise, concerning the child from which
a physical record or file could be generated and does not affect
the collection, dissemination, or maintenance of information as
provided by Subchapter B. This section does not apply to a
record or file relating to a child that is:
(1) required or authorized to be maintained under the laws
regulating the operation of motor vehicles in this state;
(2) maintained by a municipal or justice court; or
(3) subject to disclosure under Chapter 62, Code of Criminal
Procedure.
(b) Except as provided by Article 15.27, Code of Criminal
Procedure, the records and files of a juvenile court, a clerk of
court, a juvenile probation department, or a prosecuting attorney
relating to a child who is a party to a proceeding under this
title are open to inspection only by:
(1) the judge, probation officers, and professional staff or
consultants of the juvenile court;
(2) a juvenile justice agency as that term is defined by Section
58.101;
(3) an attorney for a party to the proceeding;
(4) a public or private agency or institution providing
supervision of the child by arrangement of the juvenile court, or
having custody of the child under juvenile court order; or
(5) with leave of the juvenile court, any other person, agency,
or institution having a legitimate interest in the proceeding or
in the work of the court.
(c) Except as provided by Subsection (d), law enforcement
records and files concerning a child and information stored, by
electronic means or otherwise, concerning the child from which a
record or file could be generated may not be disclosed to the
public and shall be:
(1) if maintained on paper or microfilm, kept separate from
adult files and records;
(2) if maintained electronically in the same computer system as
records or files relating to adults, be accessible under controls
that are separate and distinct from controls to access electronic
data concerning adults; and
(3) maintained on a local basis only and not sent to a central
state or federal depository, except as provided by Subchapters B,
D, and E.
(d) The law enforcement files and records of a person who is
transferred from the Texas Youth Commission to the Texas
Department of Criminal Justice may be transferred to a central
state or federal depository for adult records on or after the
date of transfer.
(e) Law enforcement records and files concerning a child may be
inspected or copied by a juvenile justice agency as that term is
defined by Section 58.101, a criminal justice agency as that term
is defined by Section 411.082, Government Code, the child, and
the child's parent or guardian.
(f) If a child has been reported missing by a parent, guardian,
or conservator of that child, information about the child may be
forwarded to and disseminated by the Texas Crime Information
Center and the National Crime Information Center.
(g) For the purpose of offering a record as evidence in the
punishment phase of a criminal proceeding, a prosecuting attorney
may obtain the record of a defendant's adjudication that is
admissible under Section 3(a), Article 37.07, Code of Criminal
Procedure, by submitting a request for the record to the juvenile
court that made the adjudication. If a court receives a request
from a prosecuting attorney under this subsection, the court
shall, if the court possesses the requested record of
adjudication, certify and provide the prosecuting attorney with a
copy of the record.
(h) The juvenile court may disseminate to the public the
following information relating to a child who is the subject of a
directive to apprehend or a warrant of arrest and who cannot be
located for the purpose of apprehension:
(1) the child's name, including other names by which the child
is known;
(2) the child's physical description, including sex, weight,
height, race, ethnicity, eye color, hair color, scars, marks, and
tattoos;
(3) a photograph of the child; and
(4) a description of the conduct the child is alleged to have
committed, including the level and degree of the alleged offense.
(i) In addition to the authority to release information under
Subsection (b)(5), a juvenile probation department may release
information contained in its records without leave of the
juvenile court pursuant to guidelines adopted by the juvenile
board.
(j) Before a child or a child's parent or guardian may inspect
or copy a record or file concerning the child under Subsection
(e), the custodian of the record or file shall redact:
(1) any personally identifiable information about a juvenile
suspect, offender, victim, or witness who is not the child; and
(2) any information that is excepted from required disclosure
under Chapter 552, Government Code, or other law.
Added by Acts 1995, 74th Leg., ch. 262, Sec. 53, eff. Jan. 1,
1996. Amended by Acts 1997, 75th Leg., ch. 1086, Sec. 19, eff.
Sept. 1, 1997; Acts 1997, 75th Leg., ch. 1086, Sec. 20, eff.
Sept. 1, 1997; Acts 1999, 76th Leg., ch. 815, Sec. 1, eff. June
18, 1999; Acts 1999, 76th Leg., ch. 1415, Sec. 20, eff. Sept. 1,
1999; Acts 1999, 76th Leg., ch. 1477, Sec. 18, eff. Sept. 1,
1999; Acts 2001, 77th Leg., ch. 1297, Sec. 37, eff. Sept. 1,
2001.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
879, Sec. 1, eff. September 1, 2007.
Acts 2007, 80th Leg., R.S., Ch.
908, Sec. 17, eff. September 1, 2007.
Acts 2009, 81st Leg., R.S., Ch.
87, Sec. 25.061, eff. September 1, 2009.
Sec. 58.0071. DESTRUCTION OF CERTAIN PHYSICAL RECORDS AND FILES.
(a) In this section:
(1) "Juvenile case" means:
(A) a referral for conduct indicating a need for supervision or
delinquent conduct; or
(B) if a petition was filed, all charges made in the petition.
(2) "Physical records and files" include entries in a computer
file or information on microfilm, microfiche, or any other
electronic storage media.
(b) The custodian of physical records and files in a juvenile
case may destroy the records and files if the custodian
duplicates the information in the records and files in a computer
file or information on microfilm, microfiche, or any other
electronic storage media.
(c) The following persons may authorize, subject to Subsections
(d) and (e) and any other restriction the person may impose, the
destruction of the physical records and files relating to a
closed juvenile case:
(1) a juvenile board in relation to the records and files in the
possession of the juvenile probation department;
(2) the head of a law enforcement agency in relation to the
records and files in the possession of the agency; and
(3) a prosecuting attorney in relation to the records and files
in the possession of the prosecuting attorney's office.
(d) The physical records and files of a juvenile case may only
be destroyed if the child who is the respondent in the case:
(1) is at least 18 years of age and:
(A) the most serious allegation adjudicated was conduct
indicating a need for supervision;
(B) the most serious allegation was conduct indicating a need
for supervision and there was not an adjudication; or
(C) the referral or information did not relate to conduct
indicating a need for supervision or delinquent conduct and the
juvenile court or the court's staff did not take action on the
referral or information for that reason;
(2) is at least 21 years of age and:
(A) the most serious allegation adjudicated was delinquent
conduct that violated a penal law of the grade of misdemeanor; or
(B) the most serious allegation was delinquent conduct that
violated a penal law of the grade of misdemeanor or felony and
there was not an adjudication; or
(3) is at least 31 years of age and the most serious allegation
adjudicated was delinquent conduct that violated a penal law of
the grade of felony.
(e) If a record or file contains information relating to more
than one juvenile case, information relating to each case may
only be destroyed if:
(1) the destruction of the information is authorized under this
section; and
(2) the information can be separated from information that is
not authorized to be destroyed under this section.
(f) This section does not affect the destruction of physical
records and files authorized by the Texas State Library Records
Retention Schedule.
Added by Acts 2001, 77th Leg., ch. 1297, Sec. 38, eff. Sept. 1,
2001.
Sec. 58.0072. DISSEMINATION OF JUVENILE JUSTICE INFORMATION.
(a) Except as provided by this section, juvenile justice
information collected and maintained by the Texas Juvenile
Probation Commission for statistical and research purposes is
confidential information for the use of the commission and may
not be disseminated by the commission.
(b) Juvenile justice information consists of information of the
type described by Section 58.104, including statistical data in
any form or medium collected, maintained, or submitted to the
Texas Juvenile Probation Commission under Section 141.044, Human
Resources Code.
(c) The Texas Juvenile Probation Commission may grant the
following entities access to juvenile justice information for
research and statistical purposes or for any other purpose
approved by the commission:
(1) criminal justice agencies as defined by Section 411.082,
Government Code;
(2) the Texas Education Agency, as authorized under Section
37.084, Education Code;
(3) any agency under the authority of the Health and Human
Services Commission; or
(4) a public or private university.
(d) The Texas Juvenile Probation Commission may grant the
following entities access to juvenile justice information only
for a purpose beneficial to and approved by the commission to:
(1) a person working on a research or statistical project that:
(A) is funded in whole or in part by state or federal funds;
and
(B) meets the requirements of and is approved by the commission;
or
(2) a governmental entity that has a specific agreement with the
commission, if the agreement:
(A) specifically authorizes access to information;
(B) limits the use of information to the purposes for which the
information is given;
(C) ensures the security and confidentiality of the information;
and
(D) provides for sanctions if a requirement imposed under
Paragraph (A), (B), or (C) is violated.
(e) The Texas Juvenile Probation Commission shall grant access
to juvenile justice information for legislative purposes under
Section 552.008, Government Code.
(f) The Texas Juvenile Probation Commission may not release
juvenile justice information in identifiable form, except for
information released under Subsection (c)(1), (2), or (3) or
under the terms of an agreement entered into under Subsection
(d)(2). For purposes of this subsection, identifiable
information means information that contains a juvenile offender's
name or other personal identifiers or that can, by virtue of
sample size or other factors, be reasonably interpreted as
referring to a particular juvenile offender.
(g) The Texas Juvenile Probation Commission is not required to
release or disclose juvenile justice information to any person
not identified under this section.
Added by Acts 2005, 79th Leg., Ch.
949, Sec. 17, eff. September 1, 2005.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
908, Sec. 18, eff. September 1, 2007.
SUBCHAPTER B. JUVENILE JUSTICE INFORMATION SYSTEM
Sec. 58.101. DEFINITIONS. In this subchapter:
(1) "Criminal justice agency" has the meaning assigned by
Section 411.082, Government Code.
(2) "Department" means the Department of Public Safety of the
State of Texas.
(3) "Disposition" means an action that results in the
termination, transfer of jurisdiction, or indeterminate
suspension of the prosecution of a juvenile offender.
(4) "Incident number" means a unique number assigned to a child
during a specific custodial or detention period or for a specific
referral to the office or official designated by the juvenile
board, if the juvenile offender was not taken into custody before
the referral.
(5) "Juvenile justice agency" means an agency that has custody
or control over juvenile offenders.
(6) "Juvenile offender" means a child who has been assigned an
incident number.
(7) "State identification number" means a unique number assigned
by the department to a child in the juvenile justice information
system.
(8) "Uniform incident fingerprint card" means a multiple-part
form containing a unique incident number with space for
information relating to the conduct for which a child has been
taken into custody, detained, or referred, the child's
fingerprints, and other relevant information.
Added by Acts 1995, 74th Leg., ch. 262, Sec. 53, eff. Jan. 1,
1996. Amended by Acts 2001, 77th Leg., ch. 1297, Sec. 39, eff.
Sept. 1, 2001.
Sec. 58.102. JUVENILE JUSTICE INFORMATION SYSTEM. (a) The
department is responsible for recording data and maintaining a
database for a computerized juvenile justice information system
that serves:
(1) as the record creation point for the juvenile justice
information system maintained by the state; and
(2) as the control terminal for entry of records, in accordance
with federal law, rule, and policy, into the federal records
system maintained by the Federal Bureau of Investigation.
(b) The department shall develop and maintain the system with
the cooperation and advice of the:
(1) Texas Youth Commission;
(2) Texas Juvenile Probation Commission;
(3) Criminal Justice Policy Council; and
(4) juvenile courts and clerks of juvenile courts.
(c) The department may not collect or retain information
relating to a juvenile if this chapter prohibits or restricts the
collection or retention of the information.
(d) The database must contain the information required by this
subchapter.
(e) The department shall designate the offense codes and has the
sole responsibility for designating the state identification
number for each juvenile whose name appears in the juvenile
justice system.
Added by Acts 1995, 74th Leg., ch. 262, Sec. 53, eff. Jan. 1,
1996.
Sec. 58.103. PURPOSE OF SYSTEM. The purpose of the juvenile
justice information system is to:
(1) provide agencies and personnel within the juvenile justice
system accurate information relating to children who come into
contact with the juvenile justice system of this state;
(2) provide, where allowed by law, adult criminal justice
agencies accurate and easily accessible information relating to
children who come into contact with the juvenile justice system;
(3) provide an efficient conversion, where appropriate, of
juvenile records to adult criminal records;
(4) improve the quality of data used to conduct impact analyses
of proposed legislative changes in the juvenile justice system;
and
(5) improve the ability of interested parties to analyze the
functioning of the juvenile justice system.
Added by Acts 1995, 74th Leg., ch. 262, Sec. 53, eff. Jan. 1,
1996.
Sec. 58.104. TYPES OF INFORMATION COLLECTED. (a) Subject to
Subsection (f), the juvenile justice information system shall
consist of information relating to delinquent conduct committed
by a juvenile offender that, if the conduct had been committed by
an adult, would constitute a criminal offense other than an
offense punishable by a fine only, including information relating
to:
(1) the juvenile offender;
(2) the intake or referral of the juvenile offender into the
juvenile justice system;
(3) the detention of the juvenile offender;
(4) the prosecution of the juvenile offender;
(5) the disposition of the juvenile offender's case, including
the name and description of any program to which the juvenile
offender is referred; and
(6) the probation or commitment of the juvenile offender.
(b) To the extent possible and subject to Subsection (a), the
department shall include in the juvenile justice information
system the following information for each juvenile offender taken
into custody, detained, or referred under this title for
delinquent conduct:
(1) the juvenile offender's name, including other names by which
the juvenile offender is known;
(2) the juvenile offender's date and place of birth;
(3) the juvenile offender's physical description, including sex,
weight, height, race, ethnicity, eye color, hair color, scars,
marks, and tattoos;
(4) the juvenile offender's state identification number, and
other identifying information, as determined by the department;
(5) the juvenile offender's fingerprints;
(6) the juvenile offender's last known residential address,
including the census tract number designation for the address;
(7) the name and identifying number of the agency that took into
custody or detained the juvenile offender;
(8) the date of detention or custody;
(9) the conduct for which the juvenile offender was taken into
custody, detained, or referred, including level and degree of the
alleged offense;
(10) the name and identifying number of the juvenile intake
agency or juvenile probation office;
(11) each disposition by the juvenile intake agency or juvenile
probation office;
(12) the date of disposition by the juvenile intake agency or
juvenile probation office;
(13) the name and identifying number of the prosecutor's office;
(14) each disposition by the prosecutor;
(15) the date of disposition by the prosecutor;
(16) the name and identifying number of the court;
(17) each disposition by the court, including information
concerning custody of a juvenile offender by a juvenile justice
agency or probation;
(18) the date of disposition by the court;
(19) any commitment or release under supervision by the Texas
Youth Commission;
(20) the date of any commitment or release under supervision by
the Texas Youth Commission; and
(21) a description of each appellate proceeding.
(c) The department may designate codes relating to the
information described by Subsection (b).
(d) The department shall designate a state identification number
for each juvenile offender.
(e) This subchapter does not apply to a disposition that
represents an administrative status notice of an agency described
by Section 58.102(b).
(f) Records maintained by the department in the depository are
subject to being sealed under Section 58.003.
Added by Acts 1995, 74th Leg., ch. 262, Sec. 53, eff. Jan. 1,
1996. Amended by Acts 1997, 75th Leg., ch. 1086, Sec. 21, eff.
Sept. 1, 1997.
Amended by:
Acts 2005, 79th Leg., Ch.
949, Sec. 18, eff. September 1, 2005.
Sec. 58.105. DUTIES OF JUVENILE BOARD. Each juvenile board
shall provide for:
(1) the compilation and maintenance of records and information
needed for reporting information to the department under this
subchapter;
(2) the transmittal to the department, in the manner provided by
the department, of all records and information required by the
department under this subchapter; and
(3) access by the department to inspect records and information
to determine the completeness and accuracy of information
reported.
Added by Acts 1995, 74th Leg., ch. 262, Sec. 53, eff. Jan. 1,
1996.
Sec. 58.106. CONFIDENTIALITY. (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 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 juvenile justice agency;
(4) to the Texas Youth Commission and the Texas Juvenile
Probation Commission for analytical purposes; and
(5) to the office of independent ombudsman of the Texas Youth
Commission.
(b) 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 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 Youth Commission or detained in the secure
detention or correctional facility, including the level and
degree of the alleged offense.
(d) The department may, if necessary to protect the welfare of
the community, disseminate to the public the information listed
under Subsection (c) relating to a juvenile offender when
notified by a law enforcement agency of this state that the law
enforcement agency has been issued a directive to apprehend the
offender or an arrest warrant for the offender or that the law
enforcement agency is otherwise authorized to arrest the offender
and that the offender is suspected of having:
(1) committed a felony offense under the following provisions of
the Penal Code:
(A) Title 5;
(B) Section 29.02; or
(C) Section 29.03; and
(2) fled from arrest or apprehension for commission of the
offense.
Added by Acts 1995, 74th Leg., ch. 262, Sec. 53, eff. Jan. 1,
1996. Amended by Acts 1997, 75th Leg., ch. 380, Sec. 1, eff.
Sept. 1, 1997; Acts 1999, 76th Leg., ch. 407, Sec. 1, eff. Sept.
1, 1999; Acts 1999, 76th Leg., ch. 1477, Sec. 19, eff. Sept. 1,
1999.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
263, Sec. 11, eff. June 8, 2007.
Sec. 58.107. COMPATIBILITY OF DATA. Data supplied to the
juvenile justice information system must be compatible with the
system and must contain both incident numbers and state
identification numbers.
Added by Acts 1995, 74th Leg., ch. 262, Sec. 53, eff. Jan. 1,
1996.
Sec. 58.108. DUTIES OF AGENCIES AND COURTS. (a) A juvenile
justice agency and a clerk of a juvenile court shall:
(1) compile and maintain records needed for reporting data
required by the department;
(2) transmit to the department in the manner provided by the
department data required by the department;
(3) give the department or its accredited agents access to the
agency or court for the purpose of inspection to determine the
completeness and accuracy of data reported; and
(4) cooperate with the department to enable the department to
perform its duties under this chapter.
(b) A juvenile justice agency and clerk of a court shall retain
documents described by this section.
Added by Acts 1995, 74th Leg., ch. 262, Sec. 53, eff. Jan. 1,
1996.
Sec. 58.109. UNIFORM INCIDENT FINGERPRINT CARD. (a) The
department may provide for the use of a uniform incident
fingerprint card in the maintenance of the juvenile justice
information system.
(b) The department shall design, print, and distribute to each
law enforcement agency and juvenile intake agency uniform
incident fingerprint cards.
(c) The incident cards must:
(1) be serially numbered with an incident number in a manner
that allows each incident of referral of a juvenile offender who
is the subject of the incident fingerprint card to be readily
ascertained; and
(2) be multiple-part forms that can be transmitted with the
juvenile offender through the juvenile justice process and that
allow each agency to report required data to the department.
(d) Subject to available telecommunications capacity, the
department shall develop the capability to receive by electronic
means from a law enforcement agency the information on the
uniform incident fingerprint card. The information must be in a
form that is compatible to the form required of data supplied to
the juvenile justice information system.
Added by Acts 1995, 74th Leg., ch. 262, Sec. 53, eff. Jan. 1,
1996.
Sec. 58.110. REPORTING. (a) The department by rule shall
develop reporting procedures that ensure that the juvenile
offender processing data is reported from the time a juvenile
offender is initially taken into custody, detained, or referred
until the time a juvenile offender is released from the
jurisdiction of the juvenile justice system.
(b) The law enforcement agency or the juvenile intake agency
that initiates the entry of the juvenile offender into the
juvenile justice information system for a specific incident shall
prepare a uniform incident fingerprint card and initiate the
reporting process for each incident reportable under this
subchapter.
(c) The clerk of the court exercising jurisdiction over a
juvenile offender's case shall report the disposition of the case
to the department. A clerk of the court who violates this
subsection commits an offense. An offense under this subsection
is a Class C misdemeanor.
(d) In each county, the reporting agencies may make alternative
arrangements for reporting the required information, including
combined reporting or electronic reporting, if the alternative
reporting is approved by the juvenile board and the department.
(e) Except as otherwise required by applicable state laws or
regulations, information required by this chapter to be reported
to the department shall be reported promptly. The information
shall be reported not later than the 30th day after the date the
information is received by the agency responsible for reporting
the information, except that a juvenile offender's custody or
detention without previous custody shall be reported to the
department not later than the seventh day after the date of the
custody or detention.
(f) Subject to available telecommunications capacity, the
department shall develop the capability to receive by electronic
means the information required under this section to be reported
to the department. The information must be in a form that is
compatible to the form required of data to be reported under this
section.
Added by Acts 1995, 74th Leg., ch. 262, Sec. 53, eff. Jan. 1,
1996.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
908, Sec. 19, eff. September 1, 2007.
Sec. 58.111. LOCAL DATA ADVISORY BOARDS. The commissioners
court of each county may create a local data advisory board to
perform the same duties relating to the juvenile justice
information system as the duties performed by a local data
advisory board in relation to the criminal history record system
under Article 60.09, Code of Criminal Procedure.
Added by Acts 1995, 74th Leg., ch. 262, Sec. 53, eff. Jan. 1,
1996.
Sec. 58.112. REPORT TO LEGISLATURE. Not later than August 15 of
each year, the Texas Juvenile Probation Commission shall submit
to the lieutenant governor, the speaker of the house of
representatives, and the governor a report that contains the
following statistical information relating to children referred
to a juvenile court during the preceding year:
(1) the ages, races, and counties of residence of the children
transferred to a district court or criminal district court for
criminal proceedings; and
(2) the ages, races, and counties of residence of the children
committed to the Texas Youth Commission, placed on probation, or
discharged without any disposition.
Added by Acts 1995, 74th Leg., ch. 262, Sec. 53, eff. Jan. 1,
1996. Amended by Acts 2001, 77th Leg., ch. 1297, Sec. 40, eff.
Sept. 1, 2001.
Sec. 58.113. WARRANTS. The department shall maintain in a
computerized database that is accessible by the same entities
that may access the juvenile justice information system
information relating to a warrant of arrest, as that term is
defined by Article 15.01, Code of Criminal Procedure, or a
directive to apprehend under Section 52.015 for any child,
without regard to whether the child has been taken into custody.
Added by Acts 1995, 74th Leg., ch. 262, Sec. 53, eff. Jan. 1,
1996.
SUBCHAPTER C. AUTOMATIC RESTRICTION OF ACCESS TO RECORDS
Sec. 58.201. DEFINITION. In this subchapter, "department" means
the Department of Public Safety of the State of Texas.
Added by Acts 2001, 77th Leg., ch. 1297, Sec. 41, eff. Sept. 1,
2001.
Sec. 58.202. EXEMPTED RECORDS. The following records are exempt
from this subchapter:
(1) sex offender registration records maintained by the
department or a local law enforcement agency under Chapter 62,
Code of Criminal Procedure; and
(2) records relating to a criminal combination or criminal
street gang maintained by the department or a local law
enforcement agency under Chapter 61, Code of Criminal Procedure.
Added by Acts 2001, 77th Leg., ch. 1297, Sec. 41, eff. Sept. 1,
2001.
Sec. 58.203. CERTIFICATION. (a) The department shall certify
to the juvenile probation department to which a referral was made
that resulted in information being submitted to the juvenile
justice information system that the records relating to a
person's juvenile case are subject to automatic restriction of
access if:
(1) the person is at least 21 years of age;
(2) the juvenile case did not include violent or habitual felony
conduct resulting in proceedings in the juvenile court under
Section 53.045;
(3) the juvenile case was not certified for trial in criminal
court under Section 54.02; and
(4) the department has not received a report in its criminal
history system that the person was granted deferred adjudication
for or convicted of a felony or a misdemeanor punishable by
confinement in jail for an offense committed after the person
became 17 years of age.
(b) If the department's records relate to a juvenile court with
multicounty jurisdiction, the department shall issue the
certification described by Subsection (a) to each juvenile
probation department that serves the court. On receipt of the
certification, each juvenile probation department shall determine
whether it received the referral and, if it received the
referral, take the restrictive action notification required by
law.
(c) The department may issue the certification described by
Subsection (a) by electronic means, including by electronic mail.
Added by Acts 2001, 77th Leg., ch. 1297, Sec. 41, eff. Sept. 1,
2001.
Amended by:
Acts 2005, 79th Leg., Ch.
949, Sec. 19, eff. September 1, 2005.
Sec. 58.204. RESTRICTED ACCESS ON CERTIFICATION. (a) On
certification of records in a case under Section 58.203, the
department, except as provided by Subsection (b):
(1) may not disclose the existence of the records or any
information from the records in response to an inquiry from:
(A) a law enforcement agency;
(B) a criminal or juvenile justice agency;
(C) a governmental or other agency given access to information
under Chapter 411, Government Code; or
(D) any other person, agency, organization, or entity; and
(2) shall respond to a request for information about the records
by stating that the records do not exist.
(b) On certification of records in a case under Section 58.203,
the department may permit access to the information in the
juvenile justice information system relating to the case of an
individual only:
(1) by a criminal justice agency for a criminal justice purpose,
as those terms are defined by Section 411.082, Government Code;
or
(2) for research purposes, by the Texas Juvenile Probation
Commission, the Texas Youth Commission, or the Criminal Justice
Policy Council.
Added by Acts 2001, 77th Leg., ch. 1297, Sec. 41, eff. Sept. 1,
2001.
Sec. 58.205. REQUEST TO THE FEDERAL BUREAU OF INVESTIGATION ON
CERTIFICATION. On certification of records in a case under
Section 58.203, the department shall request the Federal Bureau
of Investigation to:
(1) place the information in its files on restricted status,
with access only by a criminal justice agency for a criminal
justice purpose, as those terms are defined by Section 411.082,
Government Code; or
(2) if the action described in Subdivision (1) is not feasible,
delete all information in its database concerning the case.
Added by Acts 2001, 77th Leg., ch. 1297, Sec. 41, eff. Sept. 1,
2001.
Sec. 58.206. EFFECT OF CERTIFICATION IN RELATION TO THE
PROTECTED PERSON. (a) On certification of records in a case
under Section 58.203:
(1) the person who is the subject of the records is not required
to state in any proceeding, except as otherwise authorized by law
in a criminal proceeding in which the person is testifying as a
defendant, or in any application for employment, licensing, or
other public or private benefit that the person has been a
respondent in a case under this title and may not be punished, by
perjury prosecution or otherwise, for denying:
(A) the existence of the records; or
(B) the person's participation in a juvenile proceeding related
to the records; and
(2) information from the records may not be admitted against the
person who is the subject of the records in a civil or criminal
proceeding except a proceeding in which a juvenile adjudication
was admitted under:
(A) Section 12.42, Penal Code;
(B) Article 37.07, Code of Criminal Procedure; or
(C) as otherwise authorized by criminal procedural law.
(b) A person who is the subject of records certified under this
subchapter may not waive the restricted status of the records or
the consequences of the restricted status.
Added by Acts 2001, 77th Leg., ch. 1297, Sec. 41, eff. Sept. 1,
2001.
Sec. 58.207. JUVENILE COURT ORDERS ON CERTIFICATION. (a) On
certification of records in a case under Section 58.203, the
juvenile court shall order:
(1) that the following records relating to the case may be
accessed only as provided by Section 58.204(b):
(A) if the respondent was committed to the Texas Youth
Commission, records maintained by the commission;
(B) records maintained by the juvenile probation department;
(C) records maintained by the clerk of the court;
(D) records maintained by the prosecutor's office; and
(E) records maintained by a law enforcement agency; and
(2) the juvenile probation department to make a reasonable
effort to notify the person who is the subject of records for
which access has been restricted of the action restricting access
and the legal significance of the action for the person, but only
if the person has requested the notification in writing and has
provided the juvenile probation department with a current
address.
(b) On receipt of an order under Subsection (a)(1), the agency
maintaining the records:
(1) may allow access only as provided by Section 58.204(b); and
(2) shall respond to a request for information about the records
by stating that the records do not exist.
Added by Acts 2001, 77th Leg., ch. 1297, Sec. 41, eff. Sept. 1,
2001.
Amended by:
Acts 2005, 79th Leg., Ch.
949, Sec. 20, eff. September 1, 2005.
Sec. 58.208. INFORMATION TO CHILD ON DISCHARGE. On the final
discharge of a child from the juvenile system or on the last
official action in the case, if there is no adjudication, the
appropriate juvenile justice official shall provide to the child:
(1) a written explanation of how automatic restricted access
under this subchapter works;
(2) a copy of this subchapter; and
(3) a statement that if the child wishes to receive notification
of an action restricting access to the child's records under
Section 58.207(a), the child must before the child's 21st
birthday provide the juvenile probation department with a current
address where the child can receive notification.
Added by Acts 2001, 77th Leg., ch. 1297, Sec. 41, eff. Sept. 1,
2001.
Amended by:
Acts 2005, 79th Leg., Ch.
949, Sec. 21, eff. September 1, 2005.
Sec. 58.209. INFORMATION TO CHILD BY PROBATION OFFICER OR TEXAS
YOUTH COMMISSION. (a) When a child is placed on probation for
an offense that may be eligible for automatic restricted access
at age 21 or when a child is received by the Texas Youth
Commission on an indeterminate commitment, a probation officer or
an official at the Texas Youth Commission reception center, as
soon as practicable, shall explain the substance of the following
information to the child:
(1) if the child was adjudicated as having committed delinquent
conduct for a felony or jailable misdemeanor, that the child
probably has a juvenile record with the department and the
Federal Bureau of Investigation;
(2) that the child's juvenile record is a permanent record that
is not destroyed or erased unless the record is eligible for
sealing and the child or the child's family hires a lawyer and
files a petition in court to have the record sealed;
(3) that the child's juvenile record, other than treatment
records made confidential by law, can be accessed by police,
sheriff's officers, prosecutors, probation officers, correctional
officers, and other criminal and juvenile justice officials in
this state and elsewhere;
(4) that the child's juvenile record, other than treatment
records made confidential by law, can be accessed by employers,
educational institutions, licensing agencies, and other
organizations when the child applies for employment or
educational programs;
(5) if the child's juvenile record is placed on restricted
access when the child becomes 21 years of age, that access will
be denied to employers, educational institutions, and others
except for criminal justice agencies;
(6) that to have the child's juvenile record placed on
restricted access at age 21, the child must not:
(A) commit a felony or jailable misdemeanor; and
(B) receive deferred adjudication for or be convicted