Sec. 58.106. CONFIDENTIALITY    


Latest version.
  • 653, Sec. 3

    (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;

    (5) to the office of independent ombudsman of the Texas Youth Commission; and

    (6) to a county, justice, or municipal court exercising jurisdiction over a juvenile.

    Text of subsection as amended by Acts 2011, 82nd Leg., R.S., Ch. 186, Sec. 1, and Ch. 1098, Sec. 11

    (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;

    (5) to the office of independent ombudsman of the Texas Youth Commission; and

    (6) to a county, justice, or municipal court exercising jurisdiction over a juvenile under Section 54.021.

    (a-1) Information disseminated under Subsection (a) remains confidential after dissemination and may be disclosed by the recipient only as provided by this title.

    (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.

    (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 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

    (C) Section 29.03; and

    (2) fled from arrest or apprehension for commission of the offense.

Text of subsection as amended by Acts 2011, 82nd Leg., R.S., Ch. 653 , Sec. 3 (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; (5) to the office of independent ombudsman of the Texas Youth Commission; and (6) to a county, justice, or municipal court exercising jurisdiction over a juvenile. Text of subsection as amended by Acts 2011, 82nd Leg., R.S., Ch. 186, Sec. 1, and Ch. 1098 , Sec. 11 (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; (5) to the office of independent ombudsman of the Texas Youth Commission; and (6) to a county, justice, or municipal court exercising jurisdiction over a juvenile under Section 54.021. (a-1) Information disseminated under Subsection (a) remains confidential after dissemination and may be disclosed by the recipient only as provided by this title. (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. (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 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 (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 2007, 80th Leg., R.S., Ch. 263 , Sec. 11, eff. June 8, 2007. Acts 2011, 82nd Leg., R.S., Ch. 186 , Sec. 1, eff. September 1, 2011. Acts 2011, 82nd Leg., R.S., Ch. 653 , Sec. 3, eff. June 17, 2011. Acts 2011, 82nd Leg., R.S., Ch. 1098 , Sec. 11, eff. September 1, 2011.