73R8313 CLG-F
By Hochberg H.B. No. 2761
Substitute the following for H.B. No. 2761:
By Turner of Harris C.S.H.B. No. 2761
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the criminal history records system and to record
1-3 keeping and reporting requirements of certain agencies and district
1-4 courts.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Article 60.01, Code of Criminal Procedure, is
1-7 amended by adding Subdivision (16) to read as follows:
1-8 (16) "Electronic means" means the transmission of data
1-9 between word processors, data processors, or similar automated
1-10 information equipment over dedicated cables, commercial lines, or
1-11 other similar methods of transmission.
1-12 SECTION 2. Chapter 60, Code of Criminal Procedure, is
1-13 amended by adding Article 60.061 to read as follows:
1-14 Art. 60.061. INFORMATION ON PERSONS LICENSED BY CERTAIN
1-15 AGENCIES. (a) The Texas State Board of Medical Examiners, the
1-16 Texas State Board of Podiatry Examiners, the State Board of Dental
1-17 Examiners, the Texas State Board of Pharmacy, and the State Board
1-18 of Veterinary Medical Examiners shall provide to the Department of
1-19 Public Safety through electronic means to be developed by the
1-20 department a list including the name, date of birth, and any other
1-21 personal descriptive information required by the department for
1-22 each person licensed by the respective agency. Each agency shall
1-23 update this information monthly.
2-1 (b) The Department of Public Safety shall not less than
2-2 monthly perform a computer match of the licensing list against the
2-3 convictions maintained in the computerized criminal history system.
2-4 The Department of Public Safety shall report to the appropriate
2-5 licensing agency for verification and administrative action, as
2-6 considered appropriate by the licensing agency, the name of any
2-7 person found to have a record of conviction, except a defendant
2-8 whose prosecution is deferred during a period of probation without
2-9 an adjudication or plea of guilt.
2-10 (c) The transmission of information by electronic means
2-11 under Subsection (a) of this article does not affect whether the
2-12 information is subject to disclosure under the open records law,
2-13 Chapter 424, Acts of the 63rd Legislature, Regular Session, 1973
2-14 (Article 6252-17a, Vernon's Texas Civil Statutes).
2-15 SECTION 3. Article 60.07, Code of Criminal Procedure, is
2-16 amended by adding Subsection (c) to read as follows:
2-17 (c) The Department of Public Safety shall develop the
2-18 capability to receive by electronic means from a law enforcement
2-19 agency the information on the uniform incident fingerprint card.
2-20 The information must be in a form that is compatible to the form
2-21 required of data supplied to the criminal justice information
2-22 system.
2-23 SECTION 4. Article 60.12(a), Code of Criminal Procedure, is
2-24 amended to read as follows:
2-25 (a) The Department of Public Safety shall, when a
3-1 jurisdiction transmits fingerprints and arrest information by a
3-2 remote terminal accessing the statewide automated fingerprint
3-3 identification system, use that transmission either to create a
3-4 permanent record in the criminal justice information system or to
3-5 create a temporary arrest record in the criminal justice
3-6 information system to be maintained by the department until the
3-7 department receives and processes the physical copy of the arrest
3-8 information.
3-9 SECTION 5. Chapter 60, Code of Criminal Procedure, is
3-10 amended by adding Article 60.18 to read as follows:
3-11 Art. 60.18. INFORMATION ON SUBSEQUENT ARREST OF CERTAIN
3-12 INDIVIDUALS. The Texas Department of Criminal Justice and the
3-13 Department of Public Safety shall develop the capability to send to
3-14 a community supervision and corrections department, district parole
3-15 office, and county data processing department by electronic means
3-16 information about the subsequent arrest of a person under the
3-17 supervision of the office or department.
3-18 SECTION 6. Section 413.009, Government Code, is amended to
3-19 read as follows:
3-20 Sec. 413.009. Duties of Policy Council. To accomplish its
3-21 duties the policy council shall:
3-22 (1) conduct an in-depth analysis of the criminal
3-23 justice system;
3-24 (2) determine the long-range needs of the criminal
3-25 justice system and recommend policy priorities for the system;
4-1 (3) identify critical problems in the criminal justice
4-2 system and recommend strategies to solve those problems;
4-3 (4) assess the cost-effectiveness of the use of state
4-4 and local funds in the criminal justice system;
4-5 (5) recommend the goals, priorities, and standards for
4-6 the allocation of criminal justice planning funds administered by
4-7 the criminal justice division;
4-8 (6) recommend means to improve the deterrent and
4-9 rehabilitative capabilities of the criminal justice system;
4-10 (7) advise and assist the legislature in developing
4-11 plans, programs, and proposed legislation for improving the
4-12 effectiveness of the criminal justice system;
4-13 (8) make computations of daily costs and compare
4-14 interagency costs on services provided by agencies that are a part
4-15 of the criminal justice system;
4-16 (9) make population computations for use in planning
4-17 for the long-range needs of the criminal justice system;
4-18 (10) determine long-range information needs of the
4-19 criminal justice system and acquire that information; and
4-20 (11) engage in other activities consistent with the
4-21 responsibilities of the policy council<; and>
4-22 <(12) implement the criminal justice data report>.
4-23 SECTION 7. Section 5.07, Medical Practice Act (Article
4-24 4495b, Vernon's Texas Civil Statutes), is amended to read as
4-25 follows:
5-1 Sec. 5.07. Report of certain convictions or determinations.
5-2 (a) Within 30 days after the initial conviction or the initial
5-3 finding of the trier of fact of guilt of a person known to be a
5-4 physician, licensed or otherwise lawfully practicing in this state
5-5 or applying to be so licensed to practice, of a felony, a
5-6 misdemeanor involving moral turpitude, a violation of state or
5-7 federal narcotics or controlled substance laws, or an offense
5-8 involving fraud or abuse under the Medicare or Medicaid programs
5-9 <or after a determination by a court that adjudges or includes a
5-10 finding that a physician is mentally ill or mentally incompetent>,
5-11 whether or not the conviction, adjudication, or finding is entered,
5-12 withheld, or appealed under the laws of this state, the clerk of
5-13 the court of record in which the conviction, adjudication, or
5-14 finding was entered shall prepare and forward to the Department of
5-15 Public Safety the information required under Chapter 60, Code of
5-16 Criminal Procedure, for use in the computerized criminal history
5-17 system.
5-18 (b) Not later than the 30th day after the date a court
5-19 adjudges or finds that a physician is mentally ill or mentally
5-20 incompetent, the clerk of the court of record in which the
5-21 adjudication or finding was entered shall prepare and forward to
5-22 the board a certified true and correct abstract of record,
5-23 regardless of whether the adjudication or finding is later withheld
5-24 or appealed <board a certified true and correct abstract of record
5-25 of the court governing the case. The abstract shall include the
6-1 name and address of the physician or applicant, the nature of the
6-2 offense committed, the sentence, and the judgment of the court.
6-3 The board shall prepare the form of the abstract and shall
6-4 distribute copies of it to all clerks of courts of record within
6-5 this state with appropriate instructions for preparation and
6-6 filing>.
6-7 SECTION 8. Sections 51.305 and 413.018, Government Code, are
6-8 repealed.
6-9 SECTION 9. This Act takes effect September 1, 1993.
6-10 SECTION 10. The importance of this legislation and the
6-11 crowded condition of the calendars in both houses create an
6-12 emergency and an imperative public necessity that the
6-13 constitutional rule requiring bills to be read on three several
6-14 days in each house be suspended, and this rule is hereby suspended.