Texas Family Code - Section 58.002. Photographs And Fingerprints Of Children
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§ 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, § 53, eff. Jan. 1, 1996.
Amended by Acts 1997, 75th Leg., ch. 1086, § 17, eff. Sept. 1,
1997; Acts 1999, 76th Leg., ch. 1477, § 17, eff. Sept. 1, 1999;
Acts 2001, 77th Leg., ch. 1297, § 34, eff. Sept. 1, 2001.
Section: 57.0031 57.004 57.005 57.006 57.007 57.008 58.001 58.002 58.0021 58.0022 58.003 58.005 58.0051 58.006 58.007
Last modified: August 11, 2007
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