H. B. 2411
(By Delegates Wills, Caputo,
Givens, R. Thompson, Armstead and
Schadler)
[Introduced February 21, 2001;
referred to the Committee on the
Judiciary then Finance.]
A BILL to amend chapter fifteen of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, by adding
thereto a new article, designated article two-e; to amend and
reenact sections thirteen, seventeen and eighteen, article
five, chapter forty-nine of said code; and to amend and
reenact sections one and three, article seven of said chapter,
all relating to juvenile records; establishing the juvenile
offender criminal record repository; requiring certain
information be retained in the repository; limiting the access
and use of the information in the repository; providing for
the expungement of records from the repository; providing
criminal penalties and damages for willful and unlawful
disclosure of information contained in the repository;
excepting information in the repository from court sealing of
juvenile records; and requiring a juvenile whose record is to
be disclosed to school officials to report his or her
enrollment in any school in West Virginia to the court.
Be it enacted by the Legislature of West Virginia:
That chapter fifteen of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, be amended by adding
thereto a new article, designated article two-e; that sections
thirteen, seventeen and eighteen, article five, chapter forty-nine
of said code be amended and reenacted; and that sections one and
three, article seven of said chapter be amended and reenacted, all
to read as follows:
CHAPTER 15. PUBLIC SAFETY.
ARTICLE 2E. JUVENILE OFFENDER CRIMINAL RECORD REPOSITORY.
§15-2E-1. Establishment of the juvenile offender criminal record
repository; information to be collected.
(a) The criminal identification bureau of the West Virginia
state police shall establish and maintain a juvenile offender
criminal record repository.
(b) The juvenile offender criminal record repository is to
serve as a central location for information on juvenile offenders.
The repository is to contain personally identifying information
about the juvenile, including fingerprints and photographs, law
enforcement information contained in records of arrests, court
information contained in juvenile petitions and orders of
adjudication and disposition and current custodial information,
including current status and dates of supervision or custody.
(c) Information contained in the juvenile offender criminal
record repository is limited to that information relating either to individual juvenile proceedings concerning a juvenile that has been
adjudicated delinquent for an offense that would constitute a
felony if committed by an adult or to law enforcement records in
which the juvenile offense charged would constitute a felony if the
juvenile was an adult. The repository may not contain any
information relating to the physical health, mental health, social
or educational status of the juvenile.
(d) All state, county and municipal law enforcement agencies
shall provide required information to the criminal identification
bureau regarding their investigation of a juvenile: Provided, That
the investigation involves an activity that would constitute a
felony if committed by an adult; and a judge, magistrate or referee
has either determined that there is probable cause to believe that
the juvenile committed the offense as charged or has placed the
juvenile into an improvement period in accordance with section
nine, article five, chapter forty-nine of this code.
(e) All courts having juvenile jurisdiction shall provide
required information to the criminal identification bureau
contained in the petition or order providing disposition of a
juvenile proceeding in which the juvenile has been adjudicated
delinquent for an offense that would constitute a felony if
committed by an adult. Any court which orders the transfer of a
juvenile case to the criminal jurisdiction of the court shall
notify the criminal identification bureau of the transfer. Any
court which after ordering a transfer of a juvenile case to the criminal jurisdiction of the court disposes of the proceeding by a
delinquency disposition authorized by subsection (e), section
thirteen, article five, chapter forty-nine of this code shall
notify the criminal identification bureau of the disposition.
(f) The division of juvenile services and the department of
health and human resources shall provide to the criminal
identification bureau required information regarding the status of
a juvenile who has been adjudicated delinquent for an offense which
would constitute a felony if committed by an adult and is under
their jurisdiction, including the location of the juvenile and the
length of time the juvenile is in their custody.
(g) Upon notice that a proceeding against a juvenile is
transferred to the court's criminal jurisdiction, the criminal
identification bureau shall remove and transfer any information
pertaining to or derived from records of that proceeding or law
enforcement records contained in the juvenile offender criminal
record repository, and shall send all further records in the
proceeding to a system of records maintained for adult offenders by
the criminal identification bureau. Upon notice that a court has
disposed of a proceeding transferred to the court's criminal
jurisdiction by a delinquency disposition authorized by subsection
(e), section thirteen, article five, chapter forty-nine of this
code, the criminal identification bureau shall remove and transfer
any information pertaining to or derived from records of that
proceeding or any law enforcement records from the adult record system to the juvenile offender criminal record repository and may
not maintain the records in the adult record system.
(h) The criminal identification bureau shall adopt rules
prescribing the form, general content, time and manner of
submission of information to be contained in the juvenile offender
criminal record repository.
§15-2E-2. Access to repository; use of information contained in
the repository.
(a) All state, county and municipal law-enforcement agencies
may have access to information contained in the juvenile offender
criminal record repository regarding a specific juvenile for use in
the investigation of a crime in which the juvenile is a suspect.
(b) The division of juvenile services and the department of
health and human resources may have access to information contained
in the juvenile offender criminal record repository regarding a
juvenile placed in their custody for use in determining the
rehabilitation needs of the juvenile.
(c) A court having jurisdiction in a case involving a juvenile
may have access to information contained in the juvenile offender
criminal record repository regarding that juvenile for use in
determining the rehabilitation needs of the juvenile. The
information in the repository may not be made available to the
court until after the adjudicatory hearing. Unless waived, copies
of the juvenile's record received by the court are to be provided
to counsel for the petitioner and counsel for the juvenile no later than seventy-two hours prior to the dispositional hearing.
(d) A court having jurisdiction in a criminal case may have
access to information contained in the juvenile offender criminal
record repository regarding the defendant in that case.
(e) The governor's committee on crime, delinquency and
corrections may have access to information contained in the
juvenile offender criminal record repository for research purposes
only. Research based on information obtained from the repository
may be released to the public only if the identification of
individual juveniles is excluded.
(f) Information contained in the repository is not subject to
the West Virginia freedom of information act
, as set forth in
chapter twenty-nine-b of this code.
§15-2E-3. Expungement of Juvenile Offender Criminal Record;
Procedure and Effect.
(a) A juvenile who is the subject of a delinquency proceeding
in which the charge has been dismissed with no findings of
delinquency may make a motion to the court that dismissed the
charges to have all information relating to the matter for which
the charge was dismissed expunged from the juvenile offender
criminal record repository. If the court finds that there are no
charges or proceedings pending relating to the matter for which the
expungement is sought, the court may grant the motion.
(b) Any information contained in the juvenile offender
criminal record repository relating to a juvenile petition, proceeding or charge in which the charge was dismissed or in which
there was no finding of delinquency is to be expunged from the
repository not later than two years after the juvenile's eighteenth
birthday.
(c) Any information contained in the juvenile offender
criminal record repository relating to a person who as a juvenile
was adjudicated delinquent is to be expunged from the repository
not later than four years after his or her eighteenth birthday:
Provided, That he or she has not been convicted of a criminal
offense as an adult.
(d) The criminal identification bureau shall adopt rules
determining the manner of expungement of information contained in
the repository.
(e) Information that has been expunged may not be used in any
manner against the individual named.
§15-2E-4. Willful and unlawful disclosure of information in the
Juvenile Offender Criminal Record Repository; penalty.
Any person who willfully and unlawfully discloses any
information contained in the juvenile offender criminal record
repository other than as provided in this article is guilty of a
misdemeanor and, upon conviction thereof
, shall be fined not more
than one thousand dollars, or confined in the county or regional
jail for not more than six months, or both. A person convicted
pursuant to this section is also liable for damages in the amount
of three hundred dollars or actual damages, whichever is greater.
CHAPTER 49. CHILD WELFARE.
ARTICLE 5. JUVENILE PROCEEDINGS.
§49-5-13. Disposition of juvenile delinquents; appeal.
(a) In aid of disposition of juvenile delinquents, the
juvenile probation officer assigned to the court shall, upon
request of the court, make an investigation of the environment of
the juvenile and the alternative dispositions possible. The court,
upon its own motion, or upon request of counsel, may order a
psychological examination of the juvenile. The report of such the
examination and other investigative and social reports shall are
not to be made available to the court until after the adjudicatory
hearing. Unless waived, copies of the report shall are to be
provided to counsel for the petitioner and counsel for the juvenile
no later than seventy-two hours prior to the dispositional hearing.
The court may also access information concerning the juvenile from
the juvenile offender criminal record repository pursuant to
section two, article two-e, chapter fifteen of this code.
(b) Following the adjudication, the court shall conduct the
dispositional proceeding, giving all parties an opportunity to be
heard. In disposition the court shall not limited to the relief
sought in the petition and shall, in electing from the following
alternatives, consider the best interests of the juvenile and the
welfare of the public In determining the disposition of a juvenile
case, the court shall consider the best interests of the juvenile
and the welfare of the public. The court is not limited to the relief sought in the petition and may elect from the following
alternatives:
(1) Dismiss the petition;
(2) Refer the juvenile and the juvenile's parent or custodian
to a community agency for needed assistance and dismiss the
petition;
(3) Upon a finding that the juvenile is in need of
extra-parental supervision: (A) Place the juvenile under the
supervision of a probation officer of the court or of the court of
the county where the juvenile has his or her usual place of abode
or other person while leaving the juvenile in custody of his or her
parent or custodian; and (B) prescribe Prescribe a program of
treatment or therapy or limit the juvenile's activities under terms
which are reasonable and within the child's ability to perform,
including participation in the litter control program established
pursuant to section twenty-five, article seven, chapter twenty of
this code, or other appropriate programs of community service;
(4) Upon a finding that a parent or custodian is not willing
or able to take custody of the juvenile, that a juvenile is not
willing to reside in the custody of his or her parent or custodian,
or that a parent or custodian cannot provide the necessary
supervision and care of the juvenile, the court may place the
juvenile in temporary foster care or temporarily commit the
juvenile to the department or a child welfare agency. The court
order shall is to state that continuation in the home is contrary to the best interest of the juvenile and why; and whether or not
the department made a reasonable effort to prevent the placement or
that the an emergency situation made such efforts to prevent the
placement unreasonable or impossible. Whenever the court transfers
custody of a youth to the department, the court shall enter an
appropriate order of financial support by the parents or guardians
shall be entered in accordance with section five, article seven of
this chapter and guidelines promulgated by the supreme court of
appeals;
(5) Upon a finding that the best interests of the juvenile or
the welfare of the public require it, and upon an adjudication of
delinquency pursuant to subdivision (1), section four, article one
of this chapter, the court may commit the juvenile to the custody
of the director of the division of juvenile services for placement
in a juvenile correctional facility for the treatment, instruction
and rehabilitation of juveniles: Provided, That the court
maintains discretion to consider alternative sentencing
arrangements. Commitments shall may not exceed the maximum term
for which an adult could have been sentenced for the same offense
and any such maximum allowable sentence to be served in a juvenile
correctional facility may take into account any time served by the
juvenile in a detention center pending adjudication, disposition or
transfer. The order shall must state that continuation in the home
is contrary to the best interests of the juvenile and why; and
whether or not the state department made a reasonable effort to prevent the placement or that the an emergency situation made such
efforts to prevent the placement unreasonable or impossible; or
(6) After a hearing conducted under the procedures set out in
subsections (c) and (d), section four, article five, chapter
twenty-seven of this code, commit the juvenile to a mental health
facility in accordance with the juvenile's treatment plan; the
director of the mental health facility may release a the juvenile
and return him or her to the court for further disposition. The
order shall must state that continuation in the home is contrary to
the best interests of the juvenile and why; and whether or not the
state department made a reasonable effort to prevent the placement
or that the an emergency situation made such efforts to prevent the
placement unreasonable or impossible.
(c) The disposition of the juvenile shall may not be affected
by the fact that the juvenile demanded a trial by jury or made a
plea of denial. Any dispositional order is subject to appeal to
the supreme court of appeals.
(d) Following disposition, the court shall inquire whether
the juvenile wishes to appeal and the response shall must be
transcribed; a negative response shall may not be construed as a
waiver. The evidence shall is to be transcribed as soon as
practicable and made available to the juvenile or his or her
counsel, if the same it is requested for purposes of further
proceedings. A judge may grant a stay of execution pending further
proceedings.
(e) Notwithstanding any other provision of this code to the
contrary, if a juvenile charged with delinquency under this chapter
is transferred to adult jurisdiction and there tried and convicted,
the court may make its disposition in accordance with this section
in lieu of sentencing such person the juvenile as an adult.
§49-5-17. Confidentiality of juvenile records.
(a) Records of a juvenile proceeding conducted under this
chapter are not public records and shall are not to be disclosed to
anyone unless disclosure is otherwise authorized by this section or
by article two-e, chapter fifteen of this code.
(b) Notwithstanding the provisions of subsection (a) of this
section, a copy of a juvenile's records shall is to be
automatically be disclosed to certain school officials, subject to
the following terms and conditions:
(1) Only certain types of juvenile records shall are to be
disclosed. These include and are limited to cases in which:
(A) The juvenile has been charged with an offense which would
be a felony if the juvenile were was an adult; and
(i) The offense involves violence against another person;
(ii) The offense involves possession of a dangerous or deadly
weapon; or
(iii) The offense involves possession or delivery of a
controlled substance as that term is defined in section one hundred
one, article one, chapter sixty-a of this code; and
(B) The juvenile case has proceeded to a point where one or more of the following has occurred:
(i) A judge, magistrate or referee has determined that there
is probable cause to believe that the juvenile committed the
offense as charged;
(ii) A judge, magistrate or referee has placed the juvenile on
probation for the offense;
(iii) A judge, magistrate or referee has placed the juvenile
into an improvement period in accordance with section nine, article
five, chapter forty-nine of this code; or
(iv) Some other type of disposition has been made of the case
other than dismissal.
(2) The circuit court for each judicial circuit in West
Virginia shall designate one person to supervise the disclosure of
juvenile records to certain school officials.
(3) If the juvenile attends a West Virginia public school, the
person designated by the circuit court shall automatically disclose
all records of a juvenile case to the county superintendent of
schools in the county in which the juvenile attends school. The
person designated by the circuit court shall also automatically
disclose all records of a juvenile case to the principal of the
school which the juvenile attends.
(4) If the juvenile attends a private school in West Virginia,
the person designated by the circuit court shall determine the
identity of the highest ranking person at that school, and shall
automatically disclose all records of a juvenile's case to that person.
(5) If the juvenile does not attend school at the time the
juvenile's case is pending, the person designated by the circuit
court shall may not transmit the juvenile's records to any school.
However, the person designated by the circuit court shall transmit
the juvenile's records to any school in West Virginia which the
juvenile subsequently attends. Any juvenile whose records are
subject to disclosure to school officials pursuant to this section
shall report his or her enrollment in any school in West Virginia
to the person designated by the circuit court.
(6) The person designated by the circuit court shall may not
automatically transmit juvenile records to a school which is not
located in West Virginia. Instead, the person designated by the
circuit court shall contact the out-of-state school, inform it that
juvenile records exist, and make an inquiry regarding whether the
laws of that state permit the disclosure of juvenile records. If
so, the person designated by the circuit court shall consult with
the circuit judge who presided over the case to determine whether
the juvenile records should be disclosed to the out-of-state
school. The circuit judge shall have has discretion in determining
whether to disclose the juvenile records, and shall consider
whether the other state's law regarding disclosure provides for
sufficient confidentiality of juvenile records, using this section
as a guide. If the circuit judge orders the juvenile records to be
disclosed, they shall are to be disclosed in accordance with the provisions of subdivision (7) of this subsection.
(7) The person designated by the circuit court shall transmit
the juvenile's records to the appropriate school official under
cover of a letter emphasizing the confidentiality of such the
records and directing the official to consult this section of the
code. A copy of this section of the code shall is to be transmitted
with the juvenile's records and cover letter.
(8) Juvenile records must be treated as absolutely
confidential by the school official to whom they are transmitted,
and nothing contained within the juvenile's records shall may be
noted on the juvenile's permanent educational record. The juvenile
records are to be maintained in a secure location and are not to be
copied under any circumstances. However, the principal of a school
to whom the records are transmitted shall have has the duty to
disclose the contents of those records to any teacher who teaches
a class in which the subject juvenile is enrolled and to the
regular driver of a school bus in which the subject juvenile is
regularly transported to or from school. Furthermore, any school
official to whom the juvenile's records are transmitted may
disclose the contents of such the records to any adult within the
school system who, in the discretion of the school official, has
the need to be aware of the contents of those records.
(9) If for any reason a juvenile ceases to attend a school
which possesses that juvenile's records, the appropriate official
at that school shall seal the records and return them to the circuit court which sent them to that school. If the juvenile has
changed schools for any reason, the former school shall inform the
circuit court of the name and location of the new school which the
juvenile attends or will be attending. If the new school is located
within West Virginia, the person designated by the circuit court
shall forward the juvenile's records to the juvenile's new school
in the same manner as provided in subdivision (7) of this
subsection. If the new school is not located within West Virginia
the person designated by the circuit court shall handle the
juvenile records in accordance with subdivision (6) of this
subsection. If the juvenile has been found not guilty of an
offense for which records were previously forwarded to the
juvenile's school on the basis of a finding of probable cause, the
circuit court shall may not forward those records to the juvenile's
new school. However, this shall does not affect records related to
other prior or future offenses. If the juvenile has graduated or
quit school, or will otherwise not be attending another school, the
circuit court shall retain the juvenile's records and handle them
as otherwise provided in this article.
(10) Under no circumstances shall may one school transmit a
juvenile's records to another school.
(11) Under no circumstances shall may juvenile records be
automatically transmitted to a college, university or other post-
secondary school.
(12) No one shall may suffer any penalty, civil or criminal, for accidentally or negligently attributing certain juvenile
records to the wrong person. However, such a person shall have has
the affirmative duty to promptly correct any mistake that he or she
has made in disclosing juvenile records when the mistake is brought
to his or her attention. A person who intentionally attributes
false information to a certain person shall be subjected to both
criminal and civil penalties in accordance with subsection (e) of
this section.
(13) If a judge, magistrate or referee has determined that
there is probable cause to believe that a juvenile has committed an
offense but there has been no final adjudication of the charge, the
records which are transmitted by the circuit court shall are to be
accompanied by a notice which clearly states in bold print that
there has been no determination of delinquency and that our legal
system requires a presumption of innocence.
(c) Notwithstanding the provisions of subsection (a) of this
section, juvenile records may be disclosed, subject to the
following terms and conditions:
(1) If a juvenile case is transferred to the criminal
jurisdiction of the circuit court pursuant to the provisions of
subsection (c) or (d), section ten of this article, the juvenile
records shall are to be open to public inspection.
(2) If a juvenile case is transferred to the criminal
jurisdiction of the circuit court pursuant to the provisions of
subsection (e), (f) or (g), section ten of this article, the juvenile records shall are to be open to public inspection only if
the juvenile fails to file a timely appeal of the transfer order,
or the supreme court of appeals refuses to hear or denies an appeal
which has been timely filed.
(3) If a juvenile is fourteen years of age or older and a
court has determined there is a probable cause to believe the
juvenile committed an offense set forth in subsection (g), section
ten of this article, but the case is not transferred to criminal
jurisdiction, the juvenile records shall are to be open to public
inspection pending trial only if the juvenile is released on bond
and no longer detained or adjudicated delinquent of the offense.
(4) If a juvenile is younger than fourteen years of age and a
court has determined there is probable cause to believe that the
juvenile committed the crime of murder under section one, two or
three, article two, chapter sixty-one of this code, or the crime of
sexual assault in the first degree under section three, article
eight-b of said chapter, but the case is not transferred to
criminal jurisdiction, the juvenile records shall are to be open to
public inspection pending trial only if the juvenile is released on
bond and no longer detained or adjudicated delinquent of the
offense.
(5) Upon a written petition and pursuant to a written order,
the circuit court may permit disclosure of juvenile records to:
(A) A court which has juvenile jurisdiction and has the
juvenile before it in a juvenile proceeding;
(B) A court exercising criminal jurisdiction over the juvenile
which requests such the records for the purpose of a presentence
report or disposition proceeding;
(C) The juvenile, the juvenile's parents or legal guardian, or
the juvenile's counsel;
(D) The officials of a public institution to which the
juvenile is committed if they require such the records for
transfer, parole or discharge; or
(E) A person who is conducting research. However, juvenile
records may be disclosed for research purposes only upon the
condition that information which would identify the subject
juvenile or the juvenile's family shall may not be disclosed.
(d) Any records open to public inspection pursuant to the
provisions of this section are subject to the same requirements
governing the disclosure of adult criminal records.
(e) Any person who willfully violates this section shall be
guilty of a misdemeanor and, upon conviction thereof, shall be
fined not more than one thousand dollars, or confined in the county
or regional jail for not more than six months, or both so fined and
confined, and shall be liable for damages in the amount of three
hundred dollars or actual damages, whichever is greater.
§49-5-18. Sealing of juvenile records.
(a) One Except for records maintained in the juvenile
offender criminal record repository pursuant to article two-e,
chapter fifteen of this code, one year after the juvenile's eighteenth birthday, or one year after personal or juvenile
jurisdiction has terminated, whichever is later, the records of a
juvenile proceeding conducted under this chapter, including, but
not limited to, law-enforcement files and records, shall are to be
sealed by operation of law.
(b) The Except for records maintained in the juvenile
offender criminal record repository pursuant to article two-e,
chapter fifteen of this code, the records of a juvenile proceeding
in which a juvenile was transferred to criminal jurisdiction
pursuant to the provisions of section ten of this article shall are
to be sealed by operation of law if the juvenile is subsequently
acquitted or found guilty only of an offense other than an offense
upon which the waiver or order of transfer was based, or if the
offense upon which the waiver or order of transfer was based is
subsequently dismissed.
(c) To seal juvenile records, they shall the records to be
sealed are to be returned to the circuit court in which the case
was pending and be kept in a separate confidential file. The
records shall are to be physically marked to show that they have
been sealed and shall be securely sealed and filed in such a manner
that no one can determine the identity of the juvenile.
(d) Sealed records may not be opened except upon order of
the circuit court.
(e) Sealing Except as provided in subsection (h) of this
section, sealing of juvenile records under the provisions of this section has the legal effect of extinguishing the offense as if it
never occurred.
(f) The records of a juvenile convicted under the criminal
jurisdiction of the circuit court pursuant to subdivision (1),
subsection (d), section ten of this article may not be sealed.
(g) Any person who willfully violates this section shall be
guilty of a misdemeanor and, upon conviction thereof, shall be
fined not more than one thousand dollars, or confined in the county
or regional jail for not more than six months, or both so fined and
confined, and shall be liable for damages in the amount of three
hundred dollars or actual damages, whichever is greater.
(h) This section does not apply to records contained in the
juvenile offender criminal record repository pursuant to article
two-e, chapter fifteen of this code. Records maintained in the
repository are to be accessed and expunged as provided in article
two-e, chapter fifteen of this code.
ARTICLE 7. GENERAL PROVISIONS.
§49-7-1. Confidentiality of records.
(a) Except as otherwise provided in this chapter or article
two-e, chapter fifteen of this code or by order of the court, all
records and information concerning a child or juvenile which are
maintained by the division of juvenile services, the department of
health and human resources, a child agency or facility, court or
law-enforcement agency shall are to be kept confidential and shall
may not be released or disclosed to anyone, including any federal or state agency.
(b) Notwithstanding the provisions of subsection (a) of
this section or any other provision of this code to the contrary,
records concerning a child or juvenile, except adoption records,
juvenile court records, records contained in the juvenile offender
criminal record repository and records disclosing the identity of
a person making a complaint of child abuse or neglect shall are to
be made available:
(1) Where otherwise authorized by this chapter;
(2) To:
(A) The child;
(B) A parent whose parental rights have not been
terminated; or
(C) The attorney of the child or parent;
(3) With the written consent of the child or of someone
authorized to act on the child's behalf; or
(4) Pursuant to an order of a court of record: Provided,
That the court shall review such the record or records for
relevancy and materiality to the issues in the proceeding, and may
issue an order to limit the examination and use of the records or
any part thereof of the records.
(c) In addition to those persons or entities to whom
information may be disclosed under subsection (b) of this section,
information related to child abuse or neglect proceedings, except
information relating to the identity of the person reporting or making a complaint of child abuse or neglect, shall is to be made
available, upon request, to:
(1) Federal, state or local government entities, or any
agent of such entities any federal, state or local government
entities, including law-enforcement agencies and prosecuting
attorneys, having a need for such information in order to carry out
its responsibilities under law to protect children from abuse and
neglect;
(2) The child fatality review team;
(3) Child abuse citizen review panels;
(4) Multidisciplinary investigative and treatment teams; or
(5) A grand jury, circuit court or family law master, upon
a finding that information in the records is necessary for the
determination of an issue before the grand jury, circuit court or
family law master.
(d) In the event of a child fatality or near fatality due
to child abuse and neglect, information relating to such the
fatality or near fatality shall is to be made public by the
department of health and human resources and to the entities
described in subsection (c) of this section, all under the
circumstances described in that subsection: Provided, That
information released by the department of health and human
resources pursuant to this subsection shall is not to include the
identity of a person reporting or making a complaint of child abuse
or neglect. For purposes of this subsection, "near fatality" means any medical condition of the child which is certified by the
attending physician to be life-threatening.
(e) Except in juvenile proceedings which are transferred to
criminal proceedings, law-enforcement records and files concerning
a child or juvenile shall are to be kept separate from the records
and files of adults and not included within the court files.
Law-enforcement records and files concerning a child or juvenile
shall are to only be open to inspection pursuant to the provisions
of sections seventeen and eighteen, article five of this chapter
and article two-e, chapter fifteen of this code.
(f) Any person who willfully violates the provisions of
this section is guilty of a misdemeanor and, upon conviction
thereof, shall be fined not more than one thousand dollars, or
confined in the county or regional jail for not more than six
months, or be both fined and confined. A person convicted of
violating the provisions of this section shall also be liable for
damages in the amount of three hundred dollars or actual damages,
whichever is greater.
(g) Notwithstanding the provisions of this section, or any
other provision of this code to the contrary, the name and identity
of any juvenile adjudicated or convicted of a violent or felonious
crime shall are to be made available to the public.
§49-7-3. Proceedings under chapter not to be evidence against
child, or be published; adjudication not deemed conviction
and not bar to civil service eligibility.
Any
heretofore made
or rendered, shall may not in any civil, criminal or other cause or
proceeding whatever in any court, be lawful or proper evidence
against such the child for any purpose whatsoever except in
subsequent cases under this chapter involving the same child; nor
shall the
(b) The name of any child, in connection with any proceedings
under this chapter, may not be published in any newspaper without
a written order of the court; nor shall any such
(c) The adjudication upon the status of any child by a
juvenile court does not operate to impose any of the civil
disabilities ordinarily imposed by a conviction, nor shall any.
(d) No child may be deemed a criminal by reason of such any
adjudication, nor shall such.
(e) No adjudication may be deemed a conviction, nor shall
any such.
(f) No adjudication may operate to disqualify a child in any
future civil service examination, appointment, or application.
NOTE: The purpose of this bill is to create a record
keeping system for juvenile offender criminal records. The bill
outlines the use and eventual expungement of the records.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.
§§15-2E-1 through 4 are new; therefore, strike-throughs and
underscoring have been omitted.
This bill was recommended by the Joint Standing Committee
on the Judiciary for introduction and passage at the 2001
legislative session.