Art. 61.07. REMOVAL OF RECORDS RELATING TO A CHILD. (a) This article does not apply to information collected under this chapter by the Texas Department of Criminal Justice or the Texas Juvenile Justice Department.
(b) Subject to Subsection (c), information collected under this chapter relating to a criminal street gang must be removed from an intelligence database established under Article 61.02 and the intelligence database maintained by the department under Article 61.03 after two years if:
(1) the information relates to the investigation or prosecution of criminal activity engaged in by a child; and
(2) the child who is the subject of the information has not been:
(A) arrested for criminal activity reported to the department under Chapter 60; or
(B) taken into custody for delinquent conduct reported to the department under Chapter 58, Family Code.
(c) In determining whether information is required to be removed from an intelligence database under Subsection (b), the two-year period does not include any period during which the child who is the subject of the information is:
(1) committed to the Texas Juvenile Justice Department for conduct that violates a penal law of the grade of felony; or
(2) confined in the Texas Department of Criminal Justice.
Added by Acts 1999, 76th Leg., ch. 1154, Sec. 7, eff. Sept. 1, 1999.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 25.046, eff. September 1, 2009.
Acts 2015, 84th Leg., R.S., Ch. 734 (H.B. 1549), Sec. 10, eff. September 1, 2015.
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