Sec. 58.106. DISSEMINATION OF CONFIDENTIAL INFORMATION IN JUVENILE JUSTICE INFORMATION SYSTEM. (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 criminal justice agency as defined by Section 411.082, Government Code;
(3) to a noncriminal justice agency authorized by federal statute or federal executive order to receive juvenile justice record information;
(4) to a juvenile justice agency;
(5) to the Texas Juvenile Justice Department;
(6) to the office of independent ombudsman of the Texas Juvenile Justice Department;
(7) to a district, county, justice, or municipal court exercising jurisdiction over a juvenile; and
(8) to the Department of Family and Protective Services as provided by Section 411.114, Government Code.
(a-1) The department may disseminate information contained in the juvenile justice information system to a noncriminal justice agency or entity not listed in Subsection (a) to which the department may grant access to adult criminal history record information as provided by Section 411.083, Government Code, only if the information does not relate to conduct indicating a need for supervision or to delinquent conduct constituting a misdemeanor offense:
(1) for which a child is on deferred prosecution under Section 53.03;
(2) for which deferred prosecution was successfully completed under Section 53.03;
(3) for which a charge was dropped or not pursued for reasons other than a lack of probable cause;
(4) for which a charge is pending final adjudication under Section 54.03; or
(5) found by the juvenile court to be "not true."
(a-2) Information disseminated under Subsection (a) or (a-1) remains confidential after dissemination and may be disclosed by the recipient only as provided by this title.
(b) Subsections (a) and (a-1) do 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 Juvenile Justice Department 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 Juvenile Justice Department 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 2011, 82nd Leg., R.S., Ch. 186 (S.B. 1241), Sec. 1, eff. September 1, 2011.
Acts 2011, 82nd Leg., R.S., Ch. 1098 (S.B. 1489), Sec. 11, eff. September 1, 2011.
Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 7.004, eff. September 1, 2013.
Acts 2015, 84th Leg., R.S., Ch. 598 (S.B. 409), Sec. 1, eff. September 1, 2015.
Acts 2015, 84th Leg., R.S., Ch. 598 (S.B. 409), Sec. 2, eff. September 1, 2015.
Acts 2015, 84th Leg., R.S., Ch. 734 (H.B. 1549), Sec. 65, eff. September 1, 2015.
Acts 2015, 84th Leg., R.S., Ch. 935 (H.B. 2398), Sec. 24, eff. September 1, 2015.
Section: Previous 58.00711 58.0072 58.101 58.102 58.103 58.104 58.105 58.106 58.107 58.108 58.109 58.110 58.111 58.112 58.113 NextLast modified: September 28, 2016