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.