prosecutors get child abuse investigation files after arrests

The text as introduced · 490 words

90R2005 RAL-D

By: Hagenbuch
S.B. No. 186

A BILL TO BE ENTITLED

AN ACT

relating to notification and disclosure to county or district

attorneys of records and information concerning reports of child

abuse or neglect and investigations of certain reports of child

abuse or neglect.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 261.1055, Family Code, is amended to

read as follows:

Sec. 261.1055. NOTIFICATION AND RELEASE OF CERTAIN

INFORMATION TO COUNTY OR DISTRICT ATTORNEYS. (a) A county or

district attorney may inform the department that the county or

district attorney wishes to receive notification of some or all

reports of suspected abuse or neglect of children who were in the

county at the time the report was made or who were in the county at

the time of the alleged abuse or neglect.

(b) If the county or district attorney makes the

notification under Subsection (a) [ this section ], the department

shall, on receipt of a report of suspected abuse or neglect,

immediately notify the county or district attorney as requested and

the department shall forward a copy of the reports to the county or

district attorney on request.

(c) If the conduct that is the subject of an investigation

of abuse or neglect constitutes an offense against a child under one

of the following provisions of the Penal Code, on the arrest of a

person for the offense a county or district attorney may request a

copy of the report of the abuse or neglect investigation prepared by

the department under Section 261.308 and all available information

concerning the investigation:

(1) Section 19.02 (murder);

(2) Section 19.03 (capital murder);

(3) Section 19.04 (manslaughter);

(4) Section 20A.02(a)(7) or (8) (trafficking of

persons);

(5) Section 21.02 (continuous sexual abuse of young

child or disabled individual);

(6) Section 21.11 (indecency with a child);

(7) Section 22.011 (sexual assault);

(8) Section 22.02 (aggravated assault);

(9) Section 22.021 (aggravated sexual assault);

(10) Section 22.04 (injury to a child, elderly

individual, or disabled individual);

(11) Section 22.041 (abandoning or endangering a

child, elderly individual, or disabled individual);

(12) Section 25.02 (prohibited sexual conduct);

(13) Section 43.05(a)(2) (compelling prostitution);

(14) Section 43.25 (sexual performance by a child); or

(15) Section 43.26 (possession or promotion of child

pornography).

(d) If a county or district attorney makes a request under

Subsection (c), the department shall forward a copy of the

investigation report and any available information requested,

including information that is confidential under Section 261.201,

not later than the 30th day after the date of the request.

(e) The investigation report and information released by

the department to a county or district attorney under Subsection

(d) is not subject to public release by the county or district

attorney under Chapter 552, Government Code, and may only be

disclosed for purposes consistent with Articles 39.14, 39.15, and

39.151, Code of Criminal Procedure.

SECTION 2. This Act takes effect September 1, 2027.