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Tex. Fam. Code § 58.101-58.106

Tex. Fam. Code § 58.101-58.106 - Juvenile Justice Information System (1996)

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Verbatim reference text. This is the full, unedited text of Tex. Fam. Code § 58.101-58.106, provided for reference only — it is not legal advice, and Divorce.law is not a law firm. Always confirm current wording against the official source.

TEXAS FAMILY CODE Chapter 58, Subchapter B — JUVENILE JUSTICE INFORMATION SYSTEM CHAPTER 58 • RECORDS; JUVENILE JUSTICE INFORMATION SYSTEM Subchapter B: JUVENILE JUSTICE INFORMATION SYSTEM Sec. 58.101. DEFINITIONS. In this subchapter: (1) "Criminal justice agency" has the meaning assigned by Section 411.082, Government Code. (2) "Department" means the Department of Public Safety of the State of Texas. (3) "Disposition" means an action that results in the termination, transfer of jurisdiction, or indeterminate suspension of the prosecution of a juvenile offender. (4) "Incident number" means a unique number assigned to a child during a specific custodial or detention period or for a specific referral to the office or official designated by the juvenile board, if the juvenile offender was not taken into custody before the referral. (5) "Juvenile justice agency" means an agency that has custody or control over juvenile offenders. (6) "Juvenile offender" means a child who has been assigned an incident number. (7) "State identification number" means a unique number assigned by the department to a child in the juvenile justice information system. (8) "Uniform incident fingerprint card" means a multiple-part form containing a unique incident number with space for information relating to the conduct for which a child has been taken into custody, detained, or referred, the child's fingerprints, and other relevant information. Added by Acts 1995, 74th Leg., ch. 262, Sec. 53, eff. Jan. 1, 1996. Amended by Acts 2001, 77th Leg., ch. 1297, Sec. 39, eff. Sept. 1, 2001. Sec. 58.102. JUVENILE JUSTICE INFORMATION SYSTEM. (a) The department is responsible for recording data and maintaining a database for a computerized juvenile justice information system that serves: (1) as the record creation point for the juvenile justice information sys r recording data and maintaining a database for a computerized juvenile justice information system that serves: (1) as the record creation point for the juvenile justice information system maintained by the state; and (2) as the control terminal for entry of records, in accordance with federal law, rule, and policy, into the federal records system maintained by the Federal Bureau of Investigation. (b) The department shall develop and maintain the system with the cooperation and advice of the: (1) Texas Juvenile Justice Department; and (2) juvenile courts and clerks of juvenile courts. (c) The department may not collect, retain, or share information relating to a juvenile except as provided by this chapter. (d) The database must contain the information required by this subchapter. (e) The department shall designate the offense codes and has the sole responsibility for designating the state identification number for each juvenile whose name appears in the juvenile justice system. Added by Acts 1995, 74th Leg., ch. 262, Sec. 53, eff. Jan. 1, 1996. Amended by: Acts 2015, 84th Leg., R.S., Ch. 734 (H.B. 1549), Sec. 63, eff. September 1, 2015. Acts 2017, 85th Leg., R.S., Ch. 746 (S.B. 1304), Sec. 15, eff. September 1, 2017. Sec. 58.103. PURPOSE OF SYSTEM. The purpose of the juvenile justice information system is to: Source: Texas Legislature Online (89th Leg., 2nd Called Sess., 2025) Page 1 --- TEXAS FAMILY CODE Chapter 58, Subchapter B — JUVENILE JUSTICE INFORMATION SYSTEM (1) provide agencies and personnel within the juvenile justice system accurate information relating to children who come into contact with the juvenile justice system of this state; (2) provide, where allowed by law, adult criminal justice agencies accurate and easily accessible information relating to children who come into contact with the juvenile justice system; (3) provide an efficient c ere allowed by law, adult criminal justice agencies accurate and easily accessible information relating to children who come into contact with the juvenile justice system; (3) provide an efficient conversion, where appropriate, of juvenile records to adult criminal records; (4) improve the quality of data used to conduct impact analyses of proposed legislative changes in the juvenile justice system; and (5) improve the ability of interested parties to analyze the functioning of the juvenile justice system. Added by Acts 1995, 74th Leg., ch. 262, Sec. 53, eff. Jan. 1, 1996. Sec. 58.104. TYPES OF INFORMATION COLLECTED. (a) Subject to Subsection (f), the juvenile justice information system shall consist of information relating to delinquent conduct committed or alleged to have been committed by a juvenile offender that, if the conduct had been committed by an adult, would constitute a criminal offense other than an offense punishable by a fine only, including information relating to: (1) the juvenile offender; (2) the intake or referral of the juvenile offender into the juvenile justice system; (3) the detention of the juvenile offender; (4) the prosecution of the juvenile offender; (5) the disposition of the juvenile offender's case, including the name and description of any program to which the juvenile offender is referred; (6) the probation or commitment of the juvenile offender; and (7) the termination of probation supervision or discharge from commitment of the juvenile offender. (b) To the extent possible and subject to Subsection (a), the department shall include in the juvenile justice information system the following information for each juvenile offender taken into custody, detained, or referred under this title for delinquent conduct: (1) the juvenile offender's name, including other names by which the juvenile offender is known; (2) the juvenile offender's date and place of birth; (3) the juvenile offender's physical description, 1) the juvenile offender's name, including other names by which the juvenile offender is known; (2) the juvenile offender's date and place of birth; (3) the juvenile offender's physical description, including sex, weight, height, race, ethnicity, eye color, hair color, scars, marks, and tattoos; (4) the juvenile offender's state identification number, and other identifying information, as determined by the department; (5) the juvenile offender's fingerprints; (6) the juvenile offender's last known residential address, including the census tract number designation for the address; (7) the name and identifying number of the agency that took into custody or detained the juvenile offender; (8) the date of detention or custody; (9) the conduct for which the juvenile offender was taken into custody, detained, or referred, including level and degree of the alleged offense; (10) the name and identifying number of the juvenile intake agency or juvenile probation office; (11) each disposition by the juvenile intake agency or juvenile probation office; (12) the date of disposition by the juvenile intake agency or juvenile probation office; (13) the name and identifying number of the prosecutor's office; (14) each disposition by the prosecutor; (15) the date of disposition by the prosecutor; Source: Texas Legislature Online (89th Leg., 2nd Called Sess., 2025) Page 2 --- TEXAS FAMILY CODE Chapter 58, Subchapter B — JUVENILE JUSTICE INFORMATION SYSTEM (16) the name and identifying number of the court; (17) each disposition by the court, including information concerning probation or custody of a juvenile offender by a juvenile justice agency; (18) the date of disposition by the court; (19) the date any probation supervision, including deferred prosecution supervision, was terminated; (20) any commitment or release under supervision by the Texas Juvenile Justice Department; (21) the date of any commitment or release under supervision by the T secution supervision, was terminated; (20) any commitment or release under supervision by the Texas Juvenile Justice Department; (21) the date of any commitment or release under supervision by the Texas Juvenile Justice Department; and (22) a description of each appellate proceeding. (c) The department may designate codes relating to the information described by Subsection (b). (d) The department shall designate a state identification number for each juvenile offender. (e) This subchapter does not apply to a disposition that represents an administrative status notice of an agency described by Section 58.102(b). (f) Records maintained by the department in the depository are subject to being sealed under Subchapter C-1. Added by Acts 1995, 74th Leg., ch. 262, Sec. 53, eff. Jan. 1, 1996. Amended by Acts 1997, 75th Leg., ch. 1086, Sec. 21, eff. Sept. 1, 1997. Amended by: Acts 2005, 79th Leg., Ch. 949 (H.B. 1575), Sec. 18, eff. September 1, 2005. Acts 2015, 84th Leg., R.S., Ch. 734 (H.B. 1549), Sec. 64, eff. September 1, 2015. Acts 2017, 85th Leg., R.S., Ch. 746 (S.B. 1304), Sec. 16, eff. September 1, 2017. Sec. 58.105. DUTIES OF JUVENILE BOARD. Each juvenile board shall provide for: (1) the compilation and maintenance of records and information needed for reporting information to the department under this subchapter; (2) the transmittal to the department, in the manner provided by the department, of all records and information required by the department under this subchapter; and (3) access by the department to inspect records and information to determine the completeness and accuracy of information reported. Added by Acts 1995, 74th Leg., ch. 262, Sec. 53, eff. Jan. 1, 1996. 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 an CE 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 or the Health and Human Services Commission as provided by Section 411.114, Government Code. Source: Texas Legislature Online (89th Leg., 2nd Called Sess., 2025) Page 3 --- TEXAS FAMILY CODE Chapter 58, Subchapter B — JUVENILE JUSTICE INFORMATION SYSTEM (a-1) Repealed by Acts 2017, 85th Leg., R.S., Ch. 746 (S.B. 1304), Sec. 21(7), eff. September 1, 2017. (a-2) 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 or law enforcement 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) m 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. Ac ec. 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. Acts 2017, 85th Leg., R.S., Ch. 746 (S.B. 1304), Sec. 17, eff. September 1, 2017. Acts 2017, 85th Leg., R.S., Ch. 746 (S.B. 1304), Sec. 21(7), eff. September 1, 2017. Acts 2021, 87th Leg., R.S., Ch. 423 (H.B. 4158), Sec. 1, eff. June 8, 2021. Sec. 58.107. COMPATIBILITY OF DATA. Data supplied to the juvenile justice information system must be compatible with the system and must contain both incident numbers and state identification numbers. Added by Acts 1995, 74th Leg., ch. 262, Sec. 53, eff. Jan. 1, 1996. Source: Texas Legislature Online (89th Leg., 2nd Called Sess., 2025) Page 4 --- TEXAS FAMILY CODE Chapter 58, Subchapter B — JUVENILE JUSTICE INFORMATION SYSTEM Sec. 58.108. DUTIES OF AGENCIES AND COURTS. (a) A juvenile justice agency and a clerk of a juvenile court shall: (1) compile and maintain records needed for reporting data required by the department; (2) transmit to the department in the manner provided by the department data required by the department; (3) give the department or its accredited agents access to the agency or court for the purpose of inspection to determine the completeness and accuracy of data reported; and (4) cooperate with the department to enable the department to perform its duties under this chapter. (b) A juvenile justice agency and clerk of a court shall retain documents described by this section. Added by Acts 1995, 74th Leg., ch. 262, Sec. 53, eff. Jan. 1, 1996. Sec. 58.109. UNIFORM INCIDENT FINGERPRINT CARD. (a) The department may provide for the use of a uniform incident fingerprint card in the maintenance of the juvenile justice inf eff. Jan. 1, 1996. Sec. 58.109. UNIFORM INCIDENT FINGERPRINT CARD. (a) The department may provide for the use of a uniform incident fingerprint card in the maintenance of the juvenile justice information system. (b) The department shall design, print, and distribute to each law enforcement agency and juvenile intake agency uniform incident fingerprint cards. (c) The incident cards must: (1) be serially numbered with an incident number in a manner that allows each incident of referral of a juvenile offender who is the subject of the incident fingerprint card to be readily ascertained; and (2) be multiple-part forms that can be transmitted with the juvenile offender through the juvenile justice process and that allow each agency to report required data to the department. (d) Subject to available telecommunications capacity, the department shall develop the capability to receive by electronic means from a law enforcement agency the information on the uniform incident fingerprint card. The information must be in a form that is compatible to the form required of data supplied to the juvenile justice information system. Added by Acts 1995, 74th Leg., ch. 262, Sec. 53, eff. Jan. 1, 1996. Sec. 58.110. REPORTING. (a) The department by rule shall develop reporting procedures that ensure that the juvenile offender processing data is reported from the time a juvenile offender is initially taken into custody, detained, or referred until the time a juvenile offender is released from the jurisdiction of the juvenile justice system. (b) The law enforcement agency or the juvenile intake agency that initiates the entry of the juvenile offender into the juvenile justice information system for a specific incident shall prepare a uniform incident fingerprint card and initiate the reporting process for each incident reportable under this subchapter. (c) The clerk of the court exercising jurisdiction over a juvenile offender's case shall report the disposition of initiate the reporting process for each incident reportable under this subchapter. (c) The clerk of the court exercising jurisdiction over a juvenile offender's case shall report the disposition of the case to the department. (d) In each county, the reporting agencies may make alternative arrangements for reporting the required information, including combined reporting or electronic reporting, if the alternative reporting is approved by the juvenile board and the department. (e) Except as otherwise required by applicable state laws or regulations, information required by this chapter to be reported to the department shall be reported promptly. The information shall be reported not later than the 30th day after the date the information is received by the agency responsible for reporting the information, except that a juvenile offender's custody or detention without previous custody shall be reported to the department not later than the seventh day after the date of the custody or detention. (f) Subject to available telecommunications capacity, the department shall develop the capability to receive by electronic means the information required under this section to be reported to the department. The information must be in a form that is compatible to the form required of data to be reported under this section. Added by Acts 1995, 74th Leg., ch. 262, Sec. 53, eff. Jan. 1, 1996. Source: Texas Legislature Online (89th Leg., 2nd Called Sess., 2025) Page 5 --- TEXAS FAMILY CODE Chapter 58, Subchapter B — JUVENILE JUSTICE INFORMATION SYSTEM Amended by: Acts 2007, 80th Leg., R.S., Ch. 908 (H.B. 2884), Sec. 19, eff. September 1, 2007. Acts 2013, 83rd Leg., R.S., Ch. 1276 (H.B. 1435), Sec. 2, eff. September 1, 2013. Sec. 58.111. LOCAL DATA ADVISORY BOARDS. The commissioners court of each county may create a local data advisory board to perform the same duties relating to the juvenile justice information system as the duties performed by ISORY BOARDS. The commissioners court of each county may create a local data advisory board to perform the same duties relating to the juvenile justice information system as the duties performed by a local data advisory board in relation to the criminal history record system under Article 66.354, Code of Criminal Procedure. Added by Acts 1995, 74th Leg., ch. 262, Sec. 53, eff. Jan. 1, 1996. Amended by: Acts 2017, 85th Leg., R.S., Ch. 1058 (H.B. 2931), Sec. 4.05, eff. January 1, 2019. Sec. 58.113. WARRANTS. The department shall maintain in a computerized database that is accessible by the same entities that may access the juvenile justice information system information relating to a warrant of arrest, as that term is defined by Article 15.01, Code of Criminal Procedure, or a directive to apprehend under Section 52.015 for any child, without regard to whether the child has been taken into custody. Added by Acts 1995, 74th Leg., ch. 262, Sec. 53, eff. Jan. 1, 1996. Source: Texas Legislature Online (89th Leg., 2nd Called Sess., 2025) Page 6

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