CHAPTER 58. RECORDS; JUVENILE JUSTICE INFORMATION SYSTEM

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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.

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.

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.

(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.

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;

(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.

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.

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.

(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

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.

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;

(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;

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.

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.

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.

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

(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.

(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.

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.

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;

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;

(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

(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;

(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

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

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