1-1 By: Hochberg (Senate Sponsor - Turner) H.B. No. 2761
1-2 (In the Senate - Received from the House May 10, 1993;
1-3 May 12, 1993, read first time and referred to Committee on Criminal
1-4 Justice; May 25, 1993, reported favorably by the following vote:
1-5 Yeas 6, Nays 0; May 25, 1993, sent to printer.)
1-6 COMMITTEE VOTE
1-7 Yea Nay PNV Absent
1-8 Whitmire x
1-9 Brown x
1-10 Nelson x
1-11 Sibley x
1-12 Sims x
1-13 Turner x
1-14 West x
1-15 A BILL TO BE ENTITLED
1-16 AN ACT
1-17 relating to the criminal history records system and to record
1-18 keeping and reporting requirements of certain agencies and district
1-19 courts.
1-20 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-21 SECTION 1. Article 60.01, Code of Criminal Procedure, is
1-22 amended by adding Subdivision (16) to read as follows:
1-23 (16) "Electronic means" means the transmission of data
1-24 between word processors, data processors, or similar automated
1-25 information equipment over dedicated cables, commercial lines, or
1-26 other similar methods of transmission.
1-27 SECTION 2. Chapter 60, Code of Criminal Procedure, is
1-28 amended by adding Article 60.061 to read as follows:
1-29 Art. 60.061. INFORMATION ON PERSONS LICENSED BY CERTAIN
1-30 AGENCIES. (a) The Texas State Board of Medical Examiners, the
1-31 Texas State Board of Podiatry Examiners, the State Board of Dental
1-32 Examiners, the Texas State Board of Pharmacy, and the State Board
1-33 of Veterinary Medical Examiners shall provide to the Department of
1-34 Public Safety through electronic means or disk or magnetic tape to
1-35 be developed by the department a list including the name, date of
1-36 birth, and any other personal descriptive information required by
1-37 the department for each person licensed by the respective agency.
1-38 Each agency shall update this information and submit to the
1-39 Department of Public Safety the updated information monthly.
1-40 (b) The Department of Public Safety shall not less than
1-41 monthly perform a computer match of the licensing list against the
1-42 convictions maintained in the computerized criminal history system.
1-43 The Department of Public Safety shall report to the appropriate
1-44 licensing agency for verification and administrative action, as
1-45 considered appropriate by the licensing agency, the name of any
1-46 person found to have a record of conviction, except a defendant
1-47 whose prosecution is deferred during a period of probation without
1-48 an adjudication or plea of guilt.
1-49 (c) The transmission of information by electronic means
1-50 under Subsection (a) of this article does not affect whether the
1-51 information is subject to disclosure under the open records law,
1-52 Chapter 424, Acts of the 63rd Legislature, Regular Session, 1973
1-53 (Article 6252-17a, Vernon's Texas Civil Statutes).
1-54 SECTION 3. Article 60.07, Code of Criminal Procedure, is
1-55 amended by adding Subsection (c) to read as follows:
1-56 (c) Subject to available telecommunications capacity, the
1-57 Department of Public Safety shall develop the capability to receive
1-58 by electronic means from a law enforcement agency the information
1-59 on the uniform incident fingerprint card. The information must be
1-60 in a form that is compatible to the form required of data supplied
1-61 to the criminal justice information system.
1-62 SECTION 4. Article 60.12(a), Code of Criminal Procedure, is
1-63 amended to read as follows:
1-64 (a) The Department of Public Safety shall, when a
1-65 jurisdiction transmits fingerprints and arrest information by a
1-66 remote terminal accessing the statewide automated fingerprint
1-67 identification system, use that transmission either to create a
1-68 permanent record in the criminal justice information system or to
2-1 create a temporary arrest record in the criminal justice
2-2 information system to be maintained by the department until the
2-3 department receives and processes the physical copy of the arrest
2-4 information.
2-5 SECTION 5. Chapter 60, Code of Criminal Procedure, is
2-6 amended by adding Article 60.18 to read as follows:
2-7 Art. 60.18. INFORMATION ON SUBSEQUENT ARREST OF CERTAIN
2-8 INDIVIDUALS. The Texas Department of Criminal Justice and the
2-9 Department of Public Safety shall develop the capability to send to
2-10 a community supervision and corrections department, district parole
2-11 office, and county data processing department by electronic means
2-12 information about the subsequent arrest of a person under the
2-13 supervision of the office or department.
2-14 SECTION 6. Section 413.009, Government Code, is amended to
2-15 read as follows:
2-16 Sec. 413.009. Duties of Policy Council. To accomplish its
2-17 duties the policy council shall:
2-18 (1) conduct an in-depth analysis of the criminal
2-19 justice system;
2-20 (2) determine the long-range needs of the criminal
2-21 justice system and recommend policy priorities for the system;
2-22 (3) identify critical problems in the criminal justice
2-23 system and recommend strategies to solve those problems;
2-24 (4) assess the cost-effectiveness of the use of state
2-25 and local funds in the criminal justice system;
2-26 (5) recommend the goals, priorities, and standards for
2-27 the allocation of criminal justice planning funds administered by
2-28 the criminal justice division;
2-29 (6) recommend means to improve the deterrent and
2-30 rehabilitative capabilities of the criminal justice system;
2-31 (7) advise and assist the legislature in developing
2-32 plans, programs, and proposed legislation for improving the
2-33 effectiveness of the criminal justice system;
2-34 (8) make computations of daily costs and compare
2-35 interagency costs on services provided by agencies that are a part
2-36 of the criminal justice system;
2-37 (9) make population computations for use in planning
2-38 for the long-range needs of the criminal justice system;
2-39 (10) determine long-range information needs of the
2-40 criminal justice system and acquire that information; and
2-41 (11) engage in other activities consistent with the
2-42 responsibilities of the policy council<; and>
2-43 <(12) implement the criminal justice data report>.
2-44 SECTION 7. Section 5.07, Medical Practice Act (Article
2-45 4495b, Vernon's Texas Civil Statutes), is amended to read as
2-46 follows:
2-47 Sec. 5.07. Report of certain convictions or determinations.
2-48 (a) Within 30 days after the initial conviction or the initial
2-49 finding of the trier of fact of guilt of a person known to be a
2-50 physician, licensed or otherwise lawfully practicing in this state
2-51 or applying to be so licensed to practice, of a felony, a
2-52 misdemeanor involving moral turpitude, a violation of state or
2-53 federal narcotics or controlled substance laws, or an offense
2-54 involving fraud or abuse under the Medicare or Medicaid programs
2-55 <or after a determination by a court that adjudges or includes a
2-56 finding that a physician is mentally ill or mentally incompetent>,
2-57 whether or not the conviction, adjudication, or finding is entered,
2-58 withheld, or appealed under the laws of this state, the clerk of
2-59 the court of record in which the conviction, adjudication, or
2-60 finding was entered shall prepare and forward to the Department of
2-61 Public Safety the information required under Chapter 60, Code of
2-62 Criminal Procedure, for use in the computerized criminal history
2-63 system.
2-64 (b) Not later than the 30th day after the date a court
2-65 adjudges or finds that a physician is mentally ill or mentally
2-66 incompetent, the clerk of the court of record in which the
2-67 adjudication or finding was entered shall prepare and forward to
2-68 the board a certified true and correct abstract of record,
2-69 regardless of whether the adjudication or finding is later withheld
2-70 or appealed <board a certified true and correct abstract of record
3-1 of the court governing the case. The abstract shall include the
3-2 name and address of the physician or applicant, the nature of the
3-3 offense committed, the sentence, and the judgment of the court.
3-4 The board shall prepare the form of the abstract and shall
3-5 distribute copies of it to all clerks of courts of record within
3-6 this state with appropriate instructions for preparation and
3-7 filing>.
3-8 SECTION 8. Sections 51.305 and 413.018, Government Code, are
3-9 repealed.
3-10 SECTION 9. Article 60.051(a), Code of Criminal Procedure, is
3-11 amended to read as follows:
3-12 (a) Information in the computerized criminal history system
3-13 relating to an offender must include:
3-14 (1) the offender's name, including other names by
3-15 which the offender is known;
3-16 (2) the offender's date of birth;
3-17 (3) the offender's physical description, including
3-18 sex, weight, height, race, ethnicity, eye color, hair color, scars,
3-19 marks, and tattoos; and
3-20 (4) the offender's state identification number.
3-21 SECTION 10. The Department of Public Safety shall develop
3-22 the capability to receive or send the information by the means
3-23 required by Articles 60.061, 60.07(c), and 60.18, Code of Criminal
3-24 Procedure, as added by this Act, not later than January 1, 1995.
3-25 SECTION 11. This Act takes effect September 1, 1993.
3-26 SECTION 12. The importance of this legislation and the
3-27 crowded condition of the calendars in both houses create an
3-28 emergency and an imperative public necessity that the
3-29 constitutional rule requiring bills to be read on three several
3-30 days in each house be suspended, and this rule is hereby suspended.
3-31 * * * * *
3-32 Austin,
3-33 Texas
3-34 May 25, 1993
3-35 Hon. Bob Bullock
3-36 President of the Senate
3-37 Sir:
3-38 We, your Committee on Criminal Justice to which was referred H.B.
3-39 No. 2761, have had the same under consideration, and I am
3-40 instructed to report it back to the Senate with the recommendation
3-41 that it do pass and be printed.
3-42 Whitmire,
3-43 Chairman
3-44 * * * * *
3-45 WITNESSES
3-46 No witnesses appeared on H.B. No. 2761.