By: Bivins S.B. No. 1284
73R5434 JMM-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the fingerprinting and photographing of certain
1-3 children.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Sections 51.15(a), (b), (f), and (h), Family
1-6 Code, are amended to read as follows:
1-7 (a) A <No> child taken into custody under Section 52.01 of
1-8 this code or detained as permitted under this title may be
1-9 fingerprinted without the consent of the juvenile court <except as
1-10 provided by this subsection or by subsections (f) and (i) of this
1-11 section. A child's fingerprints may be taken and filed by a
1-12 law-enforcement officer investigating a case if:>
1-13 <(1) the child is 15 years of age or older and is
1-14 referred to the juvenile court for any felony; or>
1-15 <(2) the child is under 15 years of age and is
1-16 referred to the juvenile court for a felony listed in Section
1-17 53.045(a) of this code>.
1-18 (b) A <Except as provided in Subsections (h) and (i) of this
1-19 section, no> child taken into custody under Section 52.01 of this
1-20 code or detained as permitted under this title may be photographed
1-21 without the consent of the juvenile court <unless:>
1-22 <(1) the child is 15 years of age or older and is
1-23 referred to the juvenile court for a felony; or>
1-24 <(2) the child is under 15 years of age and is
2-1 referred to the juvenile court for a felony listed in Section
2-2 53.045(a) of this code>.
2-3 (f) If latent fingerprints are found during the
2-4 investigation of an offense, and a law-enforcement officer has
2-5 reasonable cause to believe that they are those of a particular
2-6 child, if otherwise authorized by law, he may fingerprint the child
2-7 <regardless of the age or offense> for purpose of immediate
2-8 comparison with the latent fingerprints. <If the comparison is
2-9 negative, the fingerprint card and other copies of the fingerprints
2-10 taken shall be destroyed immediately.> If the <comparison is
2-11 positive, and the> child is referred to the juvenile court, the
2-12 fingerprint card and other copies of the fingerprints taken shall
2-13 be delivered to the court for disposition. <If the child is not
2-14 referred to the court, the fingerprint card and other copies of the
2-15 fingerprints taken shall be destroyed immediately.>
2-16 (h) <If, during the investigation of a criminal offense, a
2-17 law enforcement officer has reason to believe that a photograph of
2-18 a child taken into custody or detained as permitted under this
2-19 title will assist in the identification of the offender and if not
2-20 otherwise prohibited by law, the officer may photograph the face of
2-21 the child. If the child is not identified as an offender, the
2-22 photograph and its negative shall be destroyed immediately.> If
2-23 the child is identified through the photograph and the child is
2-24 referred to the juvenile court for the offense investigated, the
2-25 photograph and its negative shall be delivered to the juvenile
2-26 court for disposition. <If the child is not referred to the
2-27 juvenile court for the offense investigated, the photograph and its
3-1 negative shall be destroyed immediately.>
3-2 SECTION 2. Section 51.15(i), Family Code, is repealed.
3-3 SECTION 3. The change in law made by this Act applies only
3-4 to a child taken into custody on or after the effective date of
3-5 this Act. A child taken into custody before the effective date of
3-6 this Act is covered by the law in effect at the time the child was
3-7 taken into custody, and the former law is continued in effect for
3-8 that purpose.
3-9 SECTION 4. This Act takes effect September 1, 1993.
3-10 SECTION 5. The importance of this legislation and the
3-11 crowded condition of the calendars in both houses create an
3-12 emergency and an imperative public necessity that the
3-13 constitutional rule requiring bills to be read on three several
3-14 days in each house be suspended, and this rule is hereby suspended.