| (a) Law enforcement officers and other juvenile justice personnel shall collect information described by these sections and Texas Family Code §58.104, as part of the juvenile justice information system. (b) A law enforcement agency may forward information, which includes fingerprints, relating to a child who has been detained or taken into custody by the agency to the department for inclusion in the juvenile justice information system, only if the child or the child's case is referred to juvenile court, including referral to a juvenile probation office or prosecutor, only if the child or the case is referred on or before the 10th day after the date the child is detained or taken into custody. (c) If the child or case is not referred to juvenile court within that time, the law enforcement agency shall destroy all information, including photographs and fingerprints, relating to the child unless the child is placed in a first offender program under Texas Family Code §52.031 or on informal disposition under Texas Family Code §52.03. (d) The law enforcement agency may not forward information to the department relating to the child while the child is in a first offender program under Texas Family Code §52.031 or on informal disposition under Texas Family Code §52.03. On successful completion by the child of an informal disposition under Texas Family Code §52.03, the law enforcement agency shall destroy all information, including photographs and fingerprints, relating to the child. Ninety days after successful completion by the child of a first offender program under Texas Family Code §52.031, the law enforcement agency shall destroy all information, including photographs and fingerprints, relating to the child. The information should be retained during the 90-day period in order for it to be available for a referral of the original offense to the juvenile court in the event the child re-offends during the 90-day time period. (e) If the child fails to successfully complete the above described programs, or re-offends within 90 days of successful completion of a first offender program under Texas Family Code §52.031, the law enforcement agency may forward the information, including fingerprints to the department. |
