By Hochberg H.B. No. 2761
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to certain record keeping and reporting requirements in
1-3 the criminal justice system.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Article 60.02, Code of Criminal Procedure, is
1-6 amended by adding Subsection (l) to read as follows:
1-7 (l) The Department of Criminal Justice and the Department of
1-8 Public Safety shall develop the capability to send messages to
1-9 local probation and parole offices and county data processing
1-10 departments to notify parole and probation offices of the re-arrest
1-11 of the individuals under their supervision.
1-12 SECTION 2. Article 60.07, Code of Criminal Procedure, is
1-13 amended by adding Subsection (c) to read as follows:
1-14 (c) The Department of Public Safety shall develop the
1-15 capability to receive an electronic transmission of the data
1-16 required on the Uniform Incident Fingerprint Card from automated
1-17 arresting/booking agencies in a format compatible with the Criminal
1-18 Justice Information System.
1-19 SECTION 3. Article 60.12, Subsection (a), Code of Criminal
1-20 Procedure, is amended to read as follows:
1-21 (a) The Department of Public Safety shall, when a
1-22 jurisdiction transmits fingerprints and arrest information by a
1-23 remote terminal accessing the statewide automated fingerprint
2-1 identification system, use that transmission either to create a
2-2 permanent record in the criminal justice information system or to
2-3 create a temporary arrest record in the criminal justice
2-4 information system to be maintained by the department until the
2-5 department receives and processes the physical copy of the arrest
2-6 information.
2-7 SECTION 4. Chapter 51.305, Government Code, is amended to
2-8 read as follows:
2-9 (a) The district clerk shall report convictions to the
2-10 Department of Public Safety as required under Chapter 60, Code of
2-11 Criminal Procedure. The Texas State Board of Medical Examiners,
2-12 the Texas State Board of Podiatry Examiners, the State Board of
2-13 Dental Examiners, the State Board of Pharmacy, and the State Board
2-14 of Veterinary Medical Examiners shall provide to the Department of
2-15 Public Safety on a monthly basis a list to include name, date of
2-16 birth, and any other personal descriptors required by the
2-17 Department of Public Safety, of all persons licensed by their
2-18 respective agency. The Department of Public Safety shall no less
2-19 than monthly perform a computer match of the licensing list against
2-20 the convictions maintained in the enhanced computerized criminal
2-21 history system. The names of any persons found to have a record of
2-22 conviction, except a defendant whose prosecution is deferred during
2-23 a period of probation without an adjudication or plea of guilt,
2-24 shall be reported by the Department of Public Safety to the
2-25 licensing agency for verification and administrative action as
3-1 deemed appropriate by the licensing agency. <maintain a current
3-2 list of the full name of all persons convicted of a drug-related
3-3 felony in the county in which the district clerk holds office. The
3-4 list must include the names of all persons whose convictions are on
3-5 appeal or have not become final, as well as those who have received
3-6 suspended sentences or probation following an adjudication or plea
3-7 of guilt. The list may not include the name of a defendant whose
3-8 prosecution is deferred during a period of probation without an
3-9 adjudication or plea of guilt.>
3-10 <(b) send two certified copies on at least a monthly basis
3-11 to the Texas State Board of Medical Examiners, the Texas State
3-12 Board of Podiatry Examiners, the State Board of Dental Examiners,
3-13 the State Board of Pharmacy, and the State Board of Veterinary
3-14 Medical Examiners of all names added to the list since the last
3-15 monthly transmittal.>
3-16 (b) <(c)> In this section, "drug-related felony" means a
3-17 felony under the Texas Controlled Substances Act (Article 4476-15,
3-18 Vernon's Texas Civil Statutes) or Chapter 425, Acts of the 56th
3-19 Legislature, Regular Session, 1959 (Article 4476-14, Vernon's Texas
3-20 Civil Statutes).
3-21 SECTION 5. Section 5.07, Medical Practice Act (Article
3-22 4495b, Vernon's Annotated Civil Statutes), is amended to read as
3-23 follows:
3-24 Sec. 5.07. (a) Within 30 days after the initial conviction
3-25 or the initial finding of the trier of fact of guilt of a person
4-1 known to be a physician, licensed or otherwise lawfully practicing
4-2 in this state or applying to be so licensed to practice, of a
4-3 felony, a misdemeanor involving moral turpitude, a violation of
4-4 state or federal narcotics or controlled substance laws, or an
4-5 offense involving fraud or abuse under the Medicare or Medicaid
4-6 programs <or a determination by a court that adjudges or includes a
4-7 finding that a physician is mentally ill or mentally incompetent,>
4-8 whether or not the conviction, adjudication, or finding is entered,
4-9 withheld, or appealed under the laws of this state, the clerk of
4-10 the court of record in which the conviction, adjudication, or
4-11 finding was entered shall prepare and forward all information
4-12 required under Chapter 60, Code of Criminal Procedure to the
4-13 Department of Public Safety. <board a certified true and correct
4-14 abstract of record of the court governing the case. The abstract
4-15 shall include the name and address of the physician or applicant,
4-16 the nature of the offense committed, the sentence, and the judgment
4-17 of the court. The board shall prepare the form of the abstract and
4-18 shall distribute copies of it to all clerks of courts of record
4-19 within this state with appropriate instructions for preparation and
4-20 filing.>
4-21 (b) Within 30 days after a determination by a court that
4-22 adjudges or includes a finding that a physician is mentally ill or
4-23 mentally incompetent, whether or not the finding is entered,
4-24 withheld, or appealed under the laws of this state, the clerk of
4-25 the court of record in which the finding was entered shall prepare
5-1 and forward to the board a certified true and correct abstract of
5-2 record of the court governing the case.
5-3 SECTION 6. Section 413.009, Government Code, is amended to
5-4 read as follows:
5-5 Sec. 413.009. Duties of Policy Council. To accomplish its
5-6 duties the policy council shall:
5-7 (1) conduct an in-depth analysis of the criminal
5-8 justice system;
5-9 (2) determine the long-range needs of the criminal
5-10 justice system and recommend policy priorities for the system;
5-11 (3) identify critical problems in the criminal justice
5-12 system and recommend strategies to solve those problems;
5-13 (4) assess the cost-effectiveness of the use of state
5-14 and local funds in the criminal justice system;
5-15 (5) recommend the goals, priorities, and standards for
5-16 the allocation of criminal justice planning funds administered by
5-17 the criminal justice division;
5-18 (6) recommend means to improve the deterrent and
5-19 rehabilitative capabilities of the criminal justice system;
5-20 (7) advise and assist the legislature in developing
5-21 plans, programs, and proposed legislation for improving the
5-22 effectiveness of the criminal justice system;
5-23 (8) make computations of daily costs and compare
5-24 interagency costs on services provided by agencies that are a part
5-25 of the criminal justice system;
6-1 (9) make population computations for use in planning
6-2 for the long-range needs of the criminal justice system;
6-3 (10) determine long-range information needs of the
6-4 criminal justice system and acquire that information; and
6-5 (11) engage in other activities consistent with the
6-6 responsibilities of the policy council.<; and>
6-7 <(12) implement the criminal justice data report.>
6-8 SECTION 7. Chapter 413.018, Government Code, is repealed.
6-9 SECTION 8. This Act takes effect September 1, 1993.
6-10 SECTION 9. The importance of this legislation and the
6-11 crowded condition of the calendars in both houses create an
6-12 emergency and an important public necessity that the constitutional
6-13 rule requiring bills to be read on three several days in each house
6-14 be suspended, and this rule is hereby suspended.