Texas SB 1848: Relating to the disclosure of confidential juvenile records to a managed assigned counsel program.

Bill Text

By:AAZaffirini S.B.ANo.A1848
A BILL TO BE ENTITLED
AN ACT
relating to the disclosure of confidential juvenile records to a
managed assigned counsel program.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTIONA1.AASection 51.02, Family Code, is amended by adding
Subdivision (7-a) to read as follows:
(7-a)AA"Managed assigned counsel program" has the
meaning assigned by Article 26.047, Code of Criminal Procedure.
SECTIONA2.AASection 58.004(b), Family Code, is amended to
read as follows:
(b)AAThis section does not apply to information that is:
(1)AAnecessary for an agency to provide services to the
victim;
(2)AAnecessary for law enforcement purposes;
(3)AAshared within the statewide juvenile information
and case management system established under Subchapter E;
(4)AAshared with an attorney representing the child in
a proceeding under this title; [or]
(5)AAshared with an attorney representing any other
person in a juvenile or criminal court proceeding arising from the
same act or conduct for which the child was referred to juvenile
court; or
(6)AAshared with a managed assigned counsel program
responsible for appointing an attorney to represent the child in a
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proceeding under this title to determine indigence or fulfill the
program’s duties in appointing and overseeing appointed counsel
once a request for appointed counsel is made.
SECTIONA3.AASection 58.005(a-1), Family Code, is amended to
read as follows:
(a-1)AAExcept as provided by Article 15.27, Code of Criminal
Procedure, the records and information to which this section
applies may be disclosed only to:
(1)AAthe professional staff or consultants of the
agency or institution;
(2)AAthe judge, probation officers, and professional
staff or consultants of the juvenile court;
(3)AAan attorney for the child;
(4)AAa governmental agency if the disclosure is
required or authorized by law;
(5)AAan individual or entity to whom the child is
referred for treatment or services, including assistance in
transitioning the child to the community after the child’s release
or discharge from a juvenile facility;
(6)AAthe Texas Department of Criminal Justice and the
Texas Juvenile Justice Department for the purpose of maintaining
statistical records of recidivism and for diagnosis and
classification;
(7)AAa prosecuting attorney;
(8)AAa parent, guardian, or custodian with whom a child
will reside after the child’s release or discharge from a juvenile
facility;
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(9)AAa governmental agency or court if the record is
necessary for an administrative or legal proceeding and the
personally identifiable information about the child is redacted
before the record is disclosed; [or]
(10)AAwith permission from the juvenile court, any
other individual, agency, or institution having a legitimate
interest in the proceeding or in the work of the court; or
(11)AAa managed assigned counsel program responsible
for appointing an attorney to represent the child in a juvenile
delinquency proceeding to determine indigence or fulfill the
program’s duties in appointing and overseeing appointed counsel
once a request for appointed counsel is made.
SECTIONA4.AASection 58.007(b), Family Code, is amended to
read as follows:
(b)AAExcept as provided by Section 54.051(d-1) and by Article
15.27, Code of Criminal Procedure, the records, whether physical or
electronic, 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 may be inspected or
copied only by:
(1)AAthe judge, probation officers, and professional
staff or consultants of the juvenile court;
(2)AAa juvenile justice agency as that term is defined
by Section 58.101;
(3)AAan attorney representing the child’s parent in a
proceeding under this title;
(4)AAan attorney representing the child;
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(5)AAa prosecuting attorney;
(6)AAan individual or entity to whom the child is
referred for treatment or services, including assistance in
transitioning the child to the community after the child’s release
or discharge from a juvenile facility;
(7)AAa 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]
(8)AAwith permission from the juvenile court, any other
individual, agency, or institution having a legitimate interest in
the proceeding or in the work of the court; or
(9)AAa managed assigned counsel program responsible for
appointing an attorney to represent the child in a juvenile
delinquency proceeding to determine indigence or fulfill the
program’s duties in appointing and overseeing appointed counsel
once a request for appointed counsel is made.
SECTIONA5.AASections 58.0