By: White H.B. No. 3705       A BILL TO BE ENTITLED   AN ACT   relating to local juvenile justice information systems.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 58.301, Family Code, is amended read as   follows:          Sec. 58.301.  DEFINITIONS. In this subchapter:                (1)  "County juvenile board" means a juvenile board   created under Chapter 152, Human Resources Code.                (2)  "Governmental placement facility" means a   juvenile residential placement facility operated by a unit of   government.                (3)  "Governmental service provider" means a juvenile   justice service provider operated by a unit of government.                (4)  "Juvenile facility" means a facility that serves   juveniles under juvenile court jurisdiction and that is operated as   a holdover facility, a pre-adjudication detention facility, a   non-secure facility, or a post-adjudication secure correctional   facility.                (5)  "Local juvenile justice information system" means   a county or multicounty computerized database of information   concerning children, with data entry and access by the partner   agencies that are members of the system.                (5)(6)  "Partner agency" means a governmental service   provider or governmental placement facility that is authorized by   this subchapter to be a member of a local juvenile justice   information system or that has applied to be a member of a local   juvenile justice information system and has been approved by the   county juvenile board or regional juvenile board committee as a   member of the system. The term includes governmental juvenile   facilities.                (6)(7)  "Regional juvenile board committee" means a   committee that is composed of two members from each county juvenile   board in a region that comprises a multicounty local juvenile   information system.          SECTION 2.  Section 58.303, Family Code, is amended read as   follows:          Sec. 58.303.  LOCAL JUVENILE JUSTICE INFORMATION SYSTEM.   (a)  Juvenile justice agencies in a county or region of this state   may jointly create and maintain a local juvenile justice   information system to aid in processing the cases of children under   this code, to facilitate the delivery of services to children in the   juvenile justice system, and to aid in the early identification of   at-risk and delinquent children.          (b)  A local juvenile justice information system may contain   the following components:                (1)  case management resources for juvenile courts,   court clerks, prosecuting attorneys, and county juvenile probation   departments;                (2)  reporting systems to fulfill statutory   requirements for reporting in the juvenile justice system;                (3)  service provider directories and indexes of   agencies providing services to children;                (4)  victim-witness notices required under Chapter 57;                (5)  electronic filing of complaints or petitions,   court orders, and other documents filed with the court, including   documents containing electronic signatures;                (6)  electronic offense and intake processing;                (7)  case docket management and calendaring;                (8)  communications by email or other electronic   communications between partner agencies;                (9)  reporting of charges filed, adjudications and   dispositions of juveniles by municipal and justice courts and the   juvenile court, and transfers of cases to the juvenile court as   authorized or required by Section 51.08;                (10)  reporting to schools under Article 15.27, Code of   Criminal Procedure, by law enforcement agencies, prosecuting   attorneys, and juvenile courts;                (11)  records of adjudications and dispositions,   including probation conditions ordered by the juvenile court; and                (12)  warrant management and confirmation   capabilities; and                (13)  management of juveniles in juvenile facilities.          (c)  Expired.          (d)     Membership in a local juvenile justice information   system is determined by this subchapter. Membership in a regional   juvenile justice information system is determined by the regional   juvenile board committee from among partner agencies that have   applied for membership.          SECTION 3.  Section 58.304, Family Code, is amended read as   follows:          Sec. 58.304.  TYPES OF INFORMATION CONTAINED IN A LOCAL   JUVENILE INFORMATION SYSTEM.  (a)  Subject to Subsection (d), a A   local juvenile justice information system must consist of:                (1)  information relating to all referrals to the   juvenile court of any type, including referrals for conduct   indicating a need for supervision and delinquent conduct; and                (2)  information relating to:                      (A)  the juvenile;                      (B)  the intake or referral of the juvenile into   the juvenile justice system for any offense or conduct;                      (C)  the detention of the juvenile;                      (D)  the prosecution of the juvenile;                      (E)  the disposition of the juvenile's case,   including the name and description of any program to which the   juvenile is referred; and                      (F)  the probation, placement, or commitment of   the juvenile.          (b)  To the extent possible and subject to Subsections   Subsection (a) and (d), the local juvenile justice information   system may include the following information for each juvenile   taken into custody, detained, or referred under this title:                (1)  the juvenile's name, including other names by   which the juvenile is known;                (2)  the juvenile's date and place of birth;                (3)  the juvenile's physical description, including   sex, weight, height, race, ethnicity, eye color, hair color, scars,   marks, and tattoos;                (4)  the juvenile's state identification number and   other identifying information;                (5)  the juvenile's fingerprints and photograph;                (6)  the juvenile's last known residential address,   including the census tract number designation for the address;                (7)  the name, address, and phone number of the   juvenile's parent, guardian, or custodian;                (8)  the name and identifying number of the agency that   took into custody or detained the juvenile;                (9)  each date of custody or detention;                (10)  a detailed description of the conduct for which   the juvenile was taken into custody, detained, or referred,   including the level and degree of the alleged offense;                (11)  the name and identifying number of the juvenile   intake agency or juvenile probation office;                (12)  each disposition by the juvenile intake agency or   juvenile probation office;                (13)  the date of disposition by the juvenile intake   agency or juvenile probation office;                (14)  the name and identifying number of the   prosecutor's office;                (15)  each disposition by the prosecutor;                (16)  the date of disposition by the prosecutor;                (17)  the name and identifying number of the court;                (18)  each disposition by the court, including   information concerning custody of a juvenile by a juvenile justice   agency or county juvenile probation department;                (19)  the date of disposition by the court;                (20)  any commitment or release under supervision by   the Texas Juvenile Justice Department, including the date of the   commitment or release;                (21)  information concerning each appellate   proceeding; and                (22)  electronic copies of all documents filed with the   court; and                (23)  information obtained for the purpose of   diagnosis, examination, evaluation, or treatment or for making a   referral for treatment of a child by a public or private agency or   institution providing supervision of a child by arrangement of the   juvenile court or having custody of the child under order of the   juvenile court.          (c)  If the Department of Public Safety assigns a state   identification number for the juvenile, the identification number   shall be entered in the local juvenile information system.          (d)     Information obtained for the purpose of diagnosis,   examination, evaluation, or treatment or for making a referral for   treatment of a child by a public or private agency or institution   providing supervision of a child by arrangement of the juvenile   court or having custody of the child under order of the juvenile   court may not be collected under Subsection (a) or (b).          SECTION 4.  Section 58.305, Family Code, is amended read as   follows:          Sec. 58.305.  PARTNER AGENCIES.  (a)  A local juvenile   justice information system shall to the extent possible include the   following partner agencies within that county:                (1)  the juvenile court and court clerk;                (2)  justice of the peace and municipal courts;                (3)  the county juvenile probation department;                (4)  the prosecuting attorneys who prosecute juvenile   cases in juvenile court, municipal court, or justice court;                (5)  law enforcement agencies;                (6)  each public school district in the county;                (7)  governmental service providers approved by the   county juvenile board; and                (8)  governmental placement juvenile facilities   approved by the county juvenile board.          (b)  A local juvenile justice information system for a   multicounty region shall to the extent possible include the partner   agencies listed in Subsections (a)(1)-(6) for each county in the   region and the following partner agencies from within the   multicounty region that have applied for membership in the system   and have been approved by the regional juvenile board committee:                (1)  governmental service providers; and                (2)  governmental placement juvenile facilities.          SECTION 5.  Section 58.306, Family Code, is amended read as   follows:          Sec. 58.306.  ACCESS TO INFORMATION; LEVELS.  (a)  This   section describes the level of access to information to which each   partner agency in a local juvenile justice information system is   entitled.          (b)  Information is at Access Level 1 if the information   relates to a child:                (1)  who:                      (A)  a school official has reasonable grounds to   believe has committed an offense for which a report is required   under Section 37.015, Education Code; or                      (B)  has been expelled, the expulsion of which is   required to be reported under Section 52.041; and                (2)  who has not been charged with a fineable only   offense, a status offense, or delinquent conduct.          (c)  Information is at Access Level 2 if the information   relates to a child who:                (1)  is alleged in a justice or municipal court to have   committed a fineable only offense, municipal ordinance violation,   or status offense; and                (2)  has not been charged with delinquent conduct or   conduct indicating a need for supervision.          (d)  Information is at Access Level 3 if the information   relates to a child who is alleged to have engaged in delinquent   conduct or conduct indicating a need for supervision.          (e)  Information is at Access Level 4 if the information is   obtained for the purpose of diagnosis, examination, evaluation, or   treatment or for making a referral for treatment of a child by a   public or private agency or institution providing supervision of a   child by arrangement of the juvenile court or having custody of the   child under order of the juvenile court.          (f)  Level 1 Access is by public school districts in the   county or region served by the local juvenile justice information   system.          (f) (g)  Level 2 Access is by:                (1)  justice of the peace courts that process juvenile   cases; and                (2)  municipal courts that process juvenile cases.          (g) (h)  Level 3 Access is by:                (1)  the juvenile court and court clerk;                (2)  the prosecuting attorney;                (3)  the county juvenile probation department;                (4)  law enforcement agencies;                (5)  governmental service providers that are partner   agencies; and                (6)  governmental placement juvenile facilities that   are partner agencies.  Private juvenile facilities may access only   information pertaining to juveniles detained or placed within the   respective facilities.          (i)  Level 4 Access is by:                (1)  the juvenile court and court clerk;                (2)  the county juvenile probation department; and                (3)  juvenile facilities. Private juvenile facilities   may access only information pertaining to juveniles detained or   placed within the respective facilities.          (h) (i)  Access for Level 1 agencies is only to information   at Level 1. Access for Level 2 agencies is only to information at   Levels 1 and 2. Access for Level 3 agencies is to information at   Levels 1, 2, and 3.          SECTION 6.  Section 58.307(e), Family Code, is amended read   as follows:          (e)  Information in a local juvenile justice information   system, including electronic signature systems, shall be protected   from unauthorized access by a system of access security and any   access to information in a local juvenile information system   performed by browser software shall be at the level of at least   128-bit 2048-bit encryption. A juvenile board or a regional   juvenile board committee shall require all partner agencies to   maintain security and restrict access in accordance with the   requirements of this title.          SECTION 7.  This Act takes effect September 1, 2017.