1-1 By: De La Garza, et al. (Senate Sponsor - Whitmire) H.B. No. 357 1-2 (In the Senate - Received from the House May 3, 1993; 1-3 May 4, 1993, read first time and referred to Committee on 1-4 Jurisprudence; May 6, 1993, rereferred to Committee on Criminal 1-5 Justice; May 25, 1993, reported adversely, with favorable Committee 1-6 Substitute by the following vote: Yeas 5, Nays 0; May 25, 1993, 1-7 sent to printer.) 1-8 COMMITTEE VOTE 1-9 Yea Nay PNV Absent 1-10 Whitmire x 1-11 Brown x 1-12 Nelson x 1-13 Sibley x 1-14 Sims x 1-15 Turner x 1-16 West x 1-17 COMMITTEE SUBSTITUTE FOR H.B. No. 357 By: Whitmire 1-18 A BILL TO BE ENTITLED 1-19 AN ACT 1-20 relating to the records of the conviction or adjudication of a 1-21 minor. 1-22 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-23 SECTION 1. Sections 51.14(a)-(c), Family Code, as amended by 1-24 Chapters 385, 515, and 576, Acts of the 70th Legislature, Regular 1-25 Session, 1987, are amended to read as follows: 1-26 (a) Except as provided by Subsection (e) of this section, 1-27 all files and records of a juvenile court, a clerk of court, or a 1-28 prosecuting attorney relating to a child who is a party to a 1-29 proceeding under this title are open to inspection only by: 1-30 (1) the judge, probation officers, and professional 1-31 staff or consultants of the juvenile court; 1-32 (2) an attorney for a party to the proceeding; 1-33 (3) a public or private agency or institution 1-34 providing supervision of the child by arrangement of the juvenile 1-35 court, or having custody of the child under juvenile court order; 1-36 (4) a law enforcement officer as necessary for the 1-37 purpose of verifying the child's identity or court orders related 1-38 to the child's placement in the agency or institution; or 1-39 (5) with leave of juvenile court, any other person, 1-40 agency, or institution having a legitimate interest in the 1-41 proceeding or in the work of the court. 1-42 (b) All files and records of a public or private agency or 1-43 institution providing supervision of a child by arrangement of the 1-44 juvenile court or having custody of the child under order of the 1-45 juvenile court are open to inspection only by: 1-46 (1) the professional staff or consultants of the 1-47 agency or institution; 1-48 (2) the judge, probation officers, and professional 1-49 staff or consultants of the juvenile court; 1-50 (3) an attorney for the child; 1-51 (4) with leave of the juvenile court, any other 1-52 person, agency, or institution having a legitimate interest in the 1-53 work of the agency or institution; (or) 1-54 (5) the Texas Department of Criminal Justice 1-55 (Corrections), the Department of Public Safety, and the Texas 1-56 Juvenile Probation Commission, for the purpose of maintaining 1-57 statistical records of recidivism, and for diagnosis and 1-58 classification; or 1-59 (6) a law-enforcement officer as necessary for the 1-60 purpose of verifying the child's identity or court orders related 1-61 to the child's placement in the agency or institution; 1-62 (c) Except as provided by this subsection, law-enforcement 1-63 files and records concerning a child shall be kept separate from 1-64 files and records of arrests of adults and shall be maintained on a 1-65 local basis only and not sent to a central state or federal 1-66 depository. The (However, the) law-enforcement files and records 1-67 of a person who is transferred from the Texas Youth Commission to 1-68 the institutional division of the Texas Department of Criminal 2-1 Justice (Corrections) under a determinate sentence may be 2-2 transferred to a central state or federal depository for adult 2-3 records on or after the date of transfer. If a child has been 2-4 reported as missing by a parent, guardian, or conservator of that 2-5 child or a child has escaped from the custody of a juvenile 2-6 detention facility, the Texas Youth Commission, or any other agency 2-7 to which the child has been committed, any information or records 2-8 concerning that child may be transferred to and disseminated by the 2-9 Texas Crime Information Center and the National Crime Information 2-10 Center. 2-11 SECTION 2. Sections 51.15(a)-(c), Family Code, as amended by 2-12 Chapters 385, 515, and 576, Acts of the 70th Legislature, Regular 2-13 Session, 1987, are amended to read as follows: 2-14 (a) No child may be fingerprinted without the consent of the 2-15 juvenile court except as provided by this subsection or by 2-16 subsections (f) and (i) of this section. A child's fingerprints 2-17 may be taken and filed by a law-enforcement officer investigating a 2-18 case if (. (1)) the child is (15 years of age or older and is) 2-19 referred to the juvenile court for any felony (or 2-20 (2) the child is under 15 years of age and is referred 2-21 to the juvenile court for a felony listed in Section 53.045(a) of 2-22 this code). 2-23 (b) Except as provided in Subsections (h) and (i) of this 2-24 section, no child taken into custody may be photographed without 2-25 the consent of the juvenile court unless(:) 2-26 ((1)) the child is (15 years of age or older and is) 2-27 referred to the juvenile court for any (a) felony (or 2-28 ((2) the child is under 15 years of age and is 2-29 referred to the juvenile court for a felony listed in Section 2-30 53.045(a) of this code). 2-31 (c) Except as provided by this subsection, fingerprint and 2-32 photograph files or records of children shall be kept separate from 2-33 those of adults (and fingerprints or photographs known to be those 2-34 of a child shall be maintained on a local basis only and not sent 2-35 to a central state or federal depository). The (However,) 2-36 fingerprint and photograph files or records of a person who is 2-37 transferred from the Texas Youth Commission to the institutional 2-38 division of the Texas Department of Criminal Justice (Corrections) 2-39 under a determinate sentence may be transferred to adult records on 2-40 or after the date of transfer. If a child has been reported as 2-41 missing by a parent, guardian, or conservator of that child or a 2-42 child has escaped from the custody of a juvenile detention 2-43 facility, the Texas Youth Commission, or any other agency to which 2-44 the child has been committed, the child's fingerprints and 2-45 photograph may be sent to and indexed into the files of the 2-46 Department of Public Safety and the Federal Bureau of Investigation 2-47 to aid in the location and identification of the child. 2-48 SECTION 3. Section 51.16, Family Code, is amended to read as 2-49 follows: 2-50 Sec. 51.16. DESTRUCTION AND SEALING OF FILES AND RECORDS. 2-51 (a) On (Except as provided by Subsection (j) of this section, on) 2-52 the application of a person 23 years of age or older who has been 2-53 found to have engaged in delinquent conduct or conduct indicating a 2-54 need for supervision, or who has been (a person) taken into custody 2-55 to determine whether he engaged in delinquent conduct or conduct 2-56 indicating a need for supervision, or on the juvenile court's own 2-57 motion, the court, after hearing, shall order the sealing or 2-58 destruction (sealing) of the files and records in the case, (except 2-59 the court's files and records which shall be sealed.) including 2-60 those specified in Sections 51.14 and 51.15 of this code, as 2-61 provided by this section, if the court finds that: 2-62 (1) at least five (two) years have elapsed since final 2-63 discharge of the person, or since the last official action in his 2-64 case if there was no adjudication; 2-65 (2) since the time specified in Subdivision (1) of 2-66 this subsection, he has not been convicted of a felony or a 2-67 misdemeanor involving moral turpitude or found to have engaged in 2-68 delinquent conduct or conduct indicating a need for supervision, 2-69 and no proceeding is pending seeking conviction or adjudication; 2-70 and 3-1 (3) it is unlikely the person will engage in further 3-2 delinquent conduct or conduct indicating a need for supervision or 3-3 will commit a felony or a misdemeanor involving moral turpitude. 3-4 (b) The court may grant the relief authorized in Subsection 3-5 (a) of this section at any time after final discharge of the person 3-6 or after the last official action in his case if there was no 3-7 adjudication. 3-8 (c) Reasonable notice of the hearing shall be given to: 3-9 (1) the person who made the application or who is the 3-10 subject of the files or records named in the motion; 3-11 (2) the prosecuting attorney for the juvenile court; 3-12 (3) the authority granting the discharge if the final 3-13 discharge was from an institution or from parole; 3-14 (4) the public or private agency or institution having 3-15 custody of files or records named in the application or motion; and 3-16 (5) the law-enforcement agency having custody of files 3-17 or records named in the application or motion. 3-18 (d) The order of destruction shall apply to the duplicate 3-19 files and records relating to the person's adjudication and 3-20 disposition that are in the custody of a law enforcement officer or 3-21 agency, a prosecuting attorney, or a public or private agency or 3-22 institution. Copies of the (sealing) order requiring the 3-23 destruction of records shall be sent to each agency or official 3-24 (therein) named in the order. (The files and records in the 3-25 custody of the clerk of the court or juvenile court shall be 3-26 ordered sealed and shall be the only files and records not ordered 3-27 destroyed or subject to an order of destruction.) 3-28 (e) On entry of the order: 3-29 (1) all law-enforcement, prosecuting attorney, clerk 3-30 of court, and juvenile court files and records ordered sealed shall 3-31 be sent to the court issuing the order and the court shall seal 3-32 those files and records; 3-33 (2) all files and records of a public or private 3-34 agency or institution ordered destroyed (sealed) shall be sent to 3-35 the court issuing the order and the court shall destroy those files 3-36 and records; 3-37 (3) all index references to the files and records 3-38 ordered destroyed (sealed) shall be deleted; 3-39 (4) the juvenile court, clerk of court, prosecuting 3-40 attorney, public or private agency or institution, and 3-41 law-enforcement officers and agencies shall properly reply that no 3-42 record exists with respect to such person upon inquiry in any 3-43 matter; and 3-44 (5) the adjudication shall be vacated and the 3-45 proceeding dismissed and treated for all purposes, including the 3-46 purpose of showing a prior finding of delinquency, as if it had 3-47 never occurred. 3-48 (f) Notwithstanding the entry of an order under this section 3-49 providing for the destruction of a person's files and records, the 3-50 court shall provide that the following information concerning the 3-51 person for whom the order was entered is recorded in the 3-52 computerized criminal history system as provided by Article 60.053, 3-53 Code of Criminal Procedure: 3-54 (1) the name and date of birth of the person; 3-55 (2) a state identification number for the person 3-56 assigned by the Department of Public Safety; and 3-57 (3) the court in which the files and records for the 3-58 person are sealed and the municipality in which that court is 3-59 located. 3-60 (g) Inspection of the sealed files and records may be 3-61 permitted thereafter by an order of the juvenile court on the 3-62 petition of a prosecuting attorney or assistant prosecuting 3-63 attorney (the person) who shows good cause to the court. 3-64 Inspection (is the subject) of the files or records may be made 3-65 (and) only by that prosecuting attorney or assistant prosecuting 3-66 attorney (those persons) named in the order. 3-67 (h) ((g)) On the final discharge of a child or on the last 3-68 official action in his case if there is no adjudication, the child 3-69 shall be given a written explanation of his rights under this 3-70 section and a copy of the provisions of this section. 4-1 (i) ((h)) A person whose files and records have been sealed 4-2 and destroyed under this section (Act) is not required in any 4-3 proceeding or in any application for employment, information, or 4-4 licensing to state that the person (he) has been the subject of a 4-5 proceeding under this title (Act;) and any statement that the 4-6 person (he) has never been found to be a delinquent child may not 4-7 (shall never) be held against the person in any criminal or civil 4-8 proceeding. 4-9 ((i) Except as provided by Subsection (j) of this section, 4-10 on the motion of a person in whose name files and records are kept 4-11 or on the court's own motion, the court may order the destruction 4-12 of all files and records concerning a person who has been 4-13 adjudicated to be a child in need of supervision or a delinquent 4-14 child if: 4-15 (1) seven years have elapsed since the child's 16th 4-16 birthday; and 4-17 (2) the person has not been convicted of a felony. 4-18 (j) A court may not order under this section the destruction 4-19 of files and records concerning a person adjudicated as having 4-20 engaged in delinquent conduct that violated a penal law of the 4-21 grade of felony. 4-22 (k) A court may not order under this section the sealing of 4-23 files and records concerning a person adjudicated as having engaged 4-24 in delinquent conduct that violated a penal law of the grade of 4-25 felony unless: 4-26 (1) the person is 23 years of age or older; 4-27 (2) the files and records have not been: 4-28 (A) made a part of the person's adult record as 4-29 a result of the use of the files or records after the juvenile 4-30 court under Section 54.02 of this code transferred the person to a 4-31 criminal court for prosecution; or 4-32 (B) used as evidence in the punishment phase of 4-33 a criminal proceeding under Section 3(a), Article 37.07, Code of 4-34 Criminal Procedure; and 4-35 (3) the person has not been convicted of a penal law 4-36 of the grade of felony after becoming age 17.) 4-37 (j) A court may not order under this subsection the sealing 4-38 of files and records concerning a person adjudicated as having 4-39 engaged in delinquent conduct that violated a penal law of the 4-40 grade of felony unless: 4-41 (1) the person is 23 years of age or older, 4-42 (2) the files and records have not been: 4-43 (A) made a part of the person's adult record as 4-44 a result of the use of the files or records after the juvenile 4-45 court under Section 54.02 of this code transferred the person to a 4-46 criminal court for prosecution, or 4-47 (B) used the evidence in the punishment phase of 4-48 a criminal proceeding under section 3(a), Article 37.07, code of 4-49 Criminal Procedure, and 4-50 (C) the provisions of Section 51.16 have been 4-51 met. 4-52 ((j)(i)) (k) A prosecuting attorney may, by motion before a 4-53 juvenile court, reopen at any time the files and records of a 4-54 person adjudicated as having engaged in delinquent conduct that 4-55 violated a penal law of the grade of felony sealed by the court 4-56 under (Subsection (k)) this section if, after the court ordered the 4-57 sealing, the person is indicted for a criminal offense that 4-58 occurred before the person's 23rd birthday or at any time is 4-59 charged with a capital offense or a felony of the first degree. 4-60 ((k)) (l) A person who acquires knowledge of an arrest while 4-61 an officer or employee of the state or of any agency or other 4-62 entity of the state or any political subdivision of the state and 4-63 who knows of an order sealing or destroying the records and files 4-64 relating to that arrest has a duty not to release, disseminate, or 4-65 otherwise use the records or files. A person who is subject to an 4-66 order to seal or destroy records or files has a duty to comply with 4-67 the order and with all time limitations set out in the order for 4-68 compliance with the order. 4-69 SECTION 4. Section 3(a), Article 37.07, Code of Criminal 4-70 Procedure, is amended to read as follows: 5-1 (a) Regardless of the plea and whether the punishment be 5-2 assessed by the judge or the jury, evidence may, as permitted by 5-3 the Rules of Evidence, be offered by the state and the defendant as 5-4 to any matter the court deems relevant to sentencing, including the 5-5 prior criminal record of the defendant, his general reputation and 5-6 his character. The term prior criminal record means a final 5-7 conviction in a court of record, or a probated or suspended 5-8 sentence that has occurred prior to trial, or any final conviction 5-9 material to the offense charged. A court may consider as a factor 5-10 in mitigating punishment the conduct of a defendant while 5-11 participating in a program under Article 17.40 or 17.42(a) of this 5-12 code as a condition of release on bail. Additionally, 5-13 notwithstanding Rule 609(d), Texas Rules of Criminal Evidence, 5-14 evidence may be offered by the state and the defendant of an 5-15 adjudication of delinquency based on a violation by the defendant 5-16 of a penal law of the grade of felony subject to Section 51.16, 5-17 Family Code, providing for the sealing and destruction of files and 5-18 records relating to that adjudication (unless: 5-19 ((1) the adjudication is based on conduct committed 5-20 more than five years before the commission of the offense for which 5-21 the person is being tried; and 5-22 (2) in the five years preceding the date of the 5-23 commission of the offense for which the person is being tried, the 5-24 person did not engage in conduct for which the person has been 5-25 adjudicated as a delinquent child or a child in need of supervision 5-26 and did not commit an offense for which the person has been 5-27 convicted.) 5-28 SECTION 5. The heading to Chapter 55, Code of Criminal 5-29 Procedure, is amended to read as follows: 5-30 CHAPTER 55. EXPUNCTION, SEALING, AND DESTRUCTION 5-31 OF CRIMINAL RECORDS 5-32 SECTION 6. Articles 55.01 through 55.05, Code of Criminal 5-33 Procedure, are designated as included in Subchapter A of Chapter 55 5-34 and the heading of that subchapter is added to read as follows: 5-35 SUBCHAPTER A. EXPUNCTION OF RECORDS 5-36 SECTION 7. Chapter 55, Code of Criminal Procedure, is 5-37 amended by adding Subchapter B to read as follows: 5-38 SUBCHAPTER B. SEALING AND DESTRUCTION OF RECORDS FOR 5-39 CRIMES COMMITTED BEFORE AGE (18) 17 5-40 Art. 55.21. SEALING AND DESTRUCTION OF RECORDS. (a) A 5-41 person 23 years of age or older (who has been convicted for the 5-42 violation of a penal law of the grade of felony after being) whose 5-43 case was transferred from a juvenile court to a district court or 5-44 criminal district court under Section 54.02, Family Code, may apply 5-45 for the sealing and destruction of the files and records in the 5-46 person's case as provided by this chapter if the case has not 5-47 resulted in a conviction or a deferred adjudication. 5-48 (b) After final discharge of the person or after the last 5-49 official action in the person's case if there was not a conviction, 5-50 the court shall order the sealing and destruction of a person's 5-51 records under this section if(, after a hearing in camera,) the 5-52 court finds that on or after the person's (18th) 17th birthday the 5-53 person has not been convicted of a felony and is not under 5-54 indictment for a felony offense and that parole, release under 5-55 supervision, or probation of the person has not been revoked 5-56 because of conduct that constitutes a felony offense. 5-57 (c) A court may not order under this article the sealing of 5-58 files and records unless: 5-59 (1) the person is 23 years of age or older; 5-60 (2) the files and records have not been: 5-61 (A) made the part of the person's adult record 5-62 because of an adult conviction as a result of the use of the files 5-63 or records after the juvenile court transferred the person to a 5-64 criminal court for a prosecution under Section 54.02, Family Code, 5-65 or transferred the person to the Texas Department of Criminal 5-66 Justice - Institutional Division under Section 54.11(i)(2), Family 5-67 Code; or 5-68 (B) used as evidence in the punishment phase of 5-69 a criminal proceeding under Section 3(a), Article 37.07, Code of 5-70 Criminal Procedure. 6-1 (d) A prosecuting attorney may, by motion before a juvenile 6-2 court, reopen at any time the files and records sealed by the court 6-3 under this article if, after the court has ordered the sealing, the 6-4 person is indicted for a criminal offense that occurred before the 6-5 person's 23rd birthday or at any time is charged with a capital 6-6 offense or a felony of the first degree. 6-7 Art. 55.22. NOTICE OF HEARING. Reasonable notice of the 6-8 hearing must be given to: 6-9 (1) the person who made the application; 6-10 (2) the prosecuting attorney for the district court or 6-11 criminal district court; 6-12 (3) the authority granting the discharge if the final 6-13 discharge was from an institution or from parole; 6-14 (4) the agency or institution having custody of files 6-15 or records named in the application; and 6-16 (5) the law enforcement agency having custody of files 6-17 or records named in the application. 6-18 Art. 55.23. RECORDS SEALING AND DESTRUCTION ORDER. 6-19 (a) Copies of the order requiring the destruction of records shall 6-20 be sent to each agency or official named in the order. 6-21 (b) On entry of the order: 6-22 (1) the files and records of the clerk of the court 6-23 and district court or criminal district court files and records 6-24 shall be ordered sealed; 6-25 (2) all files and records of a law enforcement agency, 6-26 a prosecuting attorney, or a public or private agency or 6-27 institution that are ordered destroyed, except those files and 6-28 records sent to the court, shall be destroyed (not later than the 6-29 60th day after receipt of the destruction order,) and the entity 6-30 destroying the records shall, not later than the 10th day after the 6-31 destruction, notify the court in writing that the files and records 6-32 have been destroyed; and 6-33 (3) the district court or criminal district court, 6-34 clerk of court, prosecuting attorney, public or private agency or 6-35 institution, and law enforcement officers and agencies shall 6-36 properly reply that no record exists with respect to the person who 6-37 is the subject of the order on inquiry in any matter. (; and 6-38 ((4) the conviction shall be vacated and the 6-39 proceeding dismissed and treated for all purposes, including the 6-40 purpose of showing a prior conviction, as if it never occurred. 6-41 Art. 55.24. INFORMATION SENT TO COMPUTERIZED CRIMINAL 6-42 HISTORY SYSTEM. Notwithstanding the entry of an order under this 6-43 section providing for the sealing and destruction of a person's 6-44 criminal records, the court shall provide that the following 6-45 information concerning the person for whom the order was entered is 6-46 recorded in the computerized criminal history system as provided by 6-47 Article 60.053 of this code: 6-48 (1) the name and date of birth of the person; 6-49 (2) a state identification number for the person 6-50 assigned by the Department of Public Safety; and 6-51 (3) the court in which the records for the person are 6-52 sealed and the city in which that court is located. 6-53 Art. 55.25. EXPLANATION OF RIGHTS. On the final discharge 6-54 of the person or on the last official action in the person's case, 6-55 the person shall be given a written explanation of the person's 6-56 rights under this chapter and a copy of the provisions of this 6-57 chapter. 6-58 Art. 55.26. DISCLOSURE OF CONVICTION NOT REQUIRED. A person 6-59 whose files and records have been sealed and destroyed under this 6-60 chapter is not required in any proceeding or in any application for 6-61 employment, information, or licensing to state that the person has 6-62 been the subject of a criminal proceeding. (Any statement that the 6-63 person has never been convicted may not be held against the person 6-64 in a criminal or civil proceeding. 6-65 SECTION 8. Chapter 60, Code of Criminal Procedure, is 6-66 amended by adding Article 60.053 to read as follows: 6-67 Art. 60.053. INFORMATION RELATING TO CONDUCT OR OFFENSE 6-68 COMMITTED BY A PERSON BEFORE AGE (18) 17. (a) Notwithstanding any 6-69 other provision of this chapter, the computerized criminal history 6-70 information system shall include the information listed in 7-1 Subsection (b) of this article for a person whose files and records 7-2 are ordered sealed and destroyed under Section 51.16, Family Code, 7-3 or Article 55.21 of this code. 7-4 (b) The criminal history information system shall contain 7-5 only the following information for a person under this section: 7-6 (1) the name and date of birth of the person; 7-7 (2) a state identification number for the person 7-8 assigned by the Department of Public Safety; and 7-9 (3) the court in which the records for the person are 7-10 sealed and the city in which that court is located. 7-11 (c) The information required to be included in the 7-12 computerized criminal history information system under this section 7-13 shall be provided to the Department of Public Safety by a court 7-14 entering an order under Section 51.16, Family Code, or Article 7-15 55.21 of this code. The department shall delete from the system 7-16 any other information contained in the system for a person for whom 7-17 information is included in the system under this section. 7-18 (d) The Texas Department of Criminal Justice shall delete 7-19 from the corrections tracking system any information contained in 7-20 that system for a person included in the computerized criminal 7-21 history system under this section. 7-22 SECTION 9. This Act takes effect September 1, 1993. 7-23 SECTION 10. (a) The change in law made by this Act applies 7-24 only to files and records created with regard to conduct that 7-25 occurs on or after the effective date of this Act. Conduct 7-26 violating a penal law of the state occurs on or after the effective 7-27 date of this Act if every element of the violation occurs on or 7-28 after that date. 7-29 (b) The files and records created with regard to conduct 7-30 that occurs before the effective date of this Act are covered by 7-31 the law in effect at the time the conduct occurred, and the former 7-32 law is continued in effect for that purpose. 7-33 (c) The change in law made by Subchapter B of Chapter 55, 7-34 Code of Criminal Procedure, applies only to the records for an 7-35 offense committed on or after the effective date of this Act. For 7-36 purposes of this section, an offense is committed before the 7-37 effective date of this Act if any element of the offense occurs 7-38 before the effective date. 7-39 (d) The records of an offense committed before the effective 7-40 date of this Act are covered by the law in effect at the time the 7-41 offense was committed, and the former law is continued in effect 7-42 for that purpose. 7-43 SECTION 11. The importance of this legislation and the 7-44 crowded condition of the calendars in both houses create an 7-45 emergency and an imperative public necessity that the 7-46 constitutional rule requiring bills to be read on three several 7-47 days in each house be suspended, and this rule is hereby suspended. 7-48 * * * * * 7-49 Austin, 7-50 Texas 7-51 May 25, 1993 7-52 Hon. Bob Bullock 7-53 President of the Senate 7-54 Sir: 7-55 We, your Committee on Criminal Justice to which was referred H.B. 7-56 No. 357, have had the same under consideration, and I am instructed 7-57 to report it back to the Senate with the recommendation that it do 7-58 not pass, but that the Committee Substitute adopted in lieu thereof 7-59 do pass and be printed. 7-60 Whitmire, 7-61 Chairman 7-62 * * * * * 7-63 WITNESSES 7-64 FOR AGAINST ON 7-65 ___________________________________________________________________ 7-66 Name: David Barber x 7-67 Representing: City of Houston 7-68 City: Houston 7-69 ------------------------------------------------------------------- 7-70 Name: Mary Poss x 8-1 Representing: MUSCLE 8-2 City: Dallas 8-3 ------------------------------------------------------------------- 8-4 Name: Chris Cage x 8-5 Representing: MUSCLE 8-6 City: Coppell 8-7 ------------------------------------------------------------------- 8-8 Name: Larry Casto x 8-9 Representing: City of Dallas 8-10 City: Dallas 8-11 ------------------------------------------------------------------- 8-12 Name: Mark Clark x 8-13 Representing: CLEAT 8-14 City: Austin 8-15 ------------------------------------------------------------------- 8-16 Name: Michael Howard x 8-17 Representing: Houston Police Patrolman's 8-18 City: Houston 8-19 ------------------------------------------------------------------- 8-20 Name: Judge Hal Gaitner x 8-21 Representing: MUSCLE 8-22 City: Dallas 8-23 ------------------------------------------------------------------- 8-24 Name: Lon Curtis x 8-25 Representing: Tex Dist & Co. Atty Assoc 8-26 City: Belton 8-27 ------------------------------------------------------------------- 8-28 Name: Travis S. Ware x 8-29 Representing: Crim. Dist. Atty's Office 8-30 City: Lubbock 8-31 ------------------------------------------------------------------- 8-32 Name: Bruce Isaacks x 8-33 Representing: Denton Dist. Atty 8-34 City: Denton 8-35 ------------------------------------------------------------------- 8-36 Name: Brenda Nichols x 8-37 Representing: Dallas Police Dept. 8-38 City: Dallas 8-39 -------------------------------------------------------------------