By:  Bivins                                           S.B. No. 1284
                                 A BILL TO BE ENTITLED
                                        AN ACT
    1-1  relating to the fingerprinting and photographing of certain
    1-2  children.
    1-3        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-4        SECTION 1.  Subsections (f) and (h), Section 51.15, Family
    1-5  Code, are amended to read as follows:
    1-6        (f)  If latent fingerprints are found during the
    1-7  investigation of an offense, and a law-enforcement officer has
    1-8  reasonable cause to believe that they are those of a particular
    1-9  child, if otherwise authorized by law, he may fingerprint the child
   1-10  regardless of the age or offense for purpose of immediate
   1-11  comparison with the latent fingerprints.  If the comparison is
   1-12  negative, the fingerprint card and other copies of the fingerprints
   1-13  taken shall be destroyed immediately.  If the comparison is
   1-14  positive, and the child is referred to the juvenile court, the
   1-15  fingerprint card and other copies of the fingerprints taken shall
   1-16  be delivered to the court for disposition, except that the law
   1-17  enforcement agency may keep a copy of the fingerprints.  If the
   1-18  child is not referred to the court, the fingerprint card and other
   1-19  copies of the fingerprints taken shall be destroyed immediately.
   1-20        (h)  If, during the investigation of a criminal offense, a
   1-21  law enforcement officer has reason to believe that a photograph of
   1-22  a child taken into custody or detained as permitted under this
   1-23  title will assist in the identification of the offender and if not
   1-24  otherwise prohibited by law, the officer may photograph the face of
    2-1  the child.  If the child is not identified as an offender, the
    2-2  photograph and its negative shall be destroyed immediately.  If the
    2-3  child is identified through the photograph and the child is
    2-4  referred to the juvenile court for the offense investigated, the
    2-5  photograph and its negative shall be delivered to the juvenile
    2-6  court for disposition, except that the law enforcement agency may
    2-7  keep a copy of the photograph.  If the child is not referred to the
    2-8  juvenile court for the offense investigated, the photograph and its
    2-9  negative shall be destroyed immediately.
   2-10        SECTION 2.  The change in law made by this Act applies only
   2-11  to a child taken into custody on or after the effective date of
   2-12  this Act.  A child taken into custody before the effective date of
   2-13  this Act is covered by the law in effect at the time the child was
   2-14  taken into custody, and the former law is continued in effect for
   2-15  that purpose.
   2-16        SECTION 3.  This Act takes effect September 1, 1993.
   2-17        SECTION 4.  The importance of this legislation and the
   2-18  crowded condition of the calendars in both houses create an
   2-19  emergency   and   an   imperative   public   necessity   that   the
   2-20  constitutional rule requiring bills to be read on three several
   2-21  days in each house be suspended, and this rule is hereby suspended.