Art. 61.04. CRIMINAL INFORMATION RELATING TO CHILD. (a) Notwithstanding Chapter 58, Family Code, criminal information relating to a child associated with a combination or a criminal street gang may be compiled and released under this chapter regardless of the age of the child.
(b) A criminal justice agency or a juvenile justice agency may release information maintained under this chapter to an attorney representing a child who is a party to a proceeding under Title 3, Family Code, if the juvenile court determines the information:
(1) is material to the proceeding; and
(2) is not privileged under law.
(c) An attorney may use information received under this article only for a child's defense in a proceeding under Title 3, Family Code.
(d) The governing body of a county or municipality served by a law enforcement agency described by Article 61.02(b) may adopt a policy to notify the parent or guardian of a child of the agency's observations relating to the child's association with a criminal street gang.
Added by Acts 1995, 74th Leg., ch. 671, Sec. 1, eff. Aug. 28, 1995. Subsec. (a) amended by Acts 1997, 75th Leg., ch. 165, Sec. 7.05, eff. Sept. 1, 1997; amended by Acts 1997, 75th Leg., ch. 898, Sec. 2, eff. Sept. 1, 1997; Subsec. (a) amended by and Subsec. (d) added by Acts 1999, 76th Leg., ch. 1154, Sec. 5, eff. Sept. 1, 1999.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 736 (S.B. 418), Sec. 3, eff. September 1, 2009.
Acts 2011, 82nd Leg., R.S., Ch. 380 (S.B. 315), Sec. 3, eff. June 17, 2011.
Article: Previous 61.01 61.02 61.03 61.04 61.05 61.06 61.07 61.075 61.08 61.09 61.10 61.11 NextLast modified: September 28, 2016