By: Bivins S.B. No. 1284
(In the Senate - Filed March 17, 1993; March 18, 1993, read
first time and referred to Committee on Criminal Justice;
April 13, 1993, reported adversely, with favorable Committee
Substitute by the following vote: Yeas 5, Nays 0; April 13, 1993,
sent to printer.)
COMMITTEE VOTE
Yea Nay PNV Absent
Whitmire x
Brown x
Nelson x
Sibley x
Sims x
Turner x
West x
COMMITTEE SUBSTITUTE FOR S.B. No. 1284 By: Brown
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. Subsections (f) and (h), Section 51.15, Family
1-6 Code, are amended to read as follows:
1-7 (f) If latent fingerprints are found during the
1-8 investigation of an offense, and a law-enforcement officer has
1-9 reasonable cause to believe that they are those of a particular
1-10 child, if otherwise authorized by law, he may fingerprint the child
1-11 regardless of the age or offense for purpose of immediate
1-12 comparison with the latent fingerprints. If the comparison is
1-13 negative, the fingerprint card and other copies of the fingerprints
1-14 taken shall be destroyed immediately. If the comparison is
1-15 positive, and the child is referred to the juvenile court, the
1-16 fingerprint card and other copies of the fingerprints taken shall
1-17 be delivered to the court for disposition, except that the law
1-18 enforcement agency may keep a copy of the fingerprints. If the
1-19 child is not referred to the court, the fingerprint card and other
1-20 copies of the fingerprints taken shall be destroyed immediately.
1-21 (h) If, during the investigation of a criminal offense, a
1-22 law enforcement officer has reason to believe that a photograph of
1-23 a child taken into custody or detained as permitted under this
1-24 title will assist in the identification of the offender and if not
1-25 otherwise prohibited by law, the officer may photograph the face of
1-26 the child. If the child is not identified as an offender, the
1-27 photograph and its negative shall be destroyed immediately. If the
1-28 child is identified through the photograph and the child is
1-29 referred to the juvenile court for the offense investigated, the
1-30 photograph and its negative shall be delivered to the juvenile
1-31 court for disposition, except that the law enforcement agency may
1-32 keep a copy of the photograph. If the child is not referred to the
1-33 juvenile court for the offense investigated, the photograph and its
1-34 negative shall be destroyed immediately.
1-35 SECTION 2. The change in law made by this Act applies only
1-36 to a child taken into custody on or after the effective date of
1-37 this Act. A child taken into custody before the effective date of
1-38 this Act is covered by the law in effect at the time the child was
1-39 taken into custody, and the former law is continued in effect for
1-40 that purpose.
1-41 SECTION 3. This Act takes effect September 1, 1993.
1-42 SECTION 4. The importance of this legislation and the
1-43 crowded condition of the calendars in both houses create an
1-44 emergency and an imperative public necessity that the
1-45 constitutional rule requiring bills to be read on three several
1-46 days in each house be suspended, and this rule is hereby suspended.
1-47 * * * * *
1-48 Austin,
1-49 Texas
1-50 April 13, 1993
1-51 Hon. Bob Bullock
1-52 President of the Senate
1-53 Sir:
1-54 We, your Committee on Criminal Justice to which was referred S.B.
1-55 No. 1284, have had the same under consideration, and I am
1-56 instructed to report it back to the Senate with the recommendation
1-57 that it do not pass, but that the Committee Substitute adopted in
1-58 lieu thereof do pass and be printed.
1-59 Whitmire,
1-60 Chairman
1-61 * * * * *
1-62 WITNESSES
1-63 FOR AGAINST ON
1-64 ___________________________________________________________________
1-65 Name: Jack Ryle x
1-66 Representing: Tx Police Association
1-67 City: Austin
1-68 -------------------------------------------------------------------
2-1 Name: Lon Curtis x
2-2 Representing: TDCAA
2-3 City: Belton
2-4 -------------------------------------------------------------------
2-5 Name: Ross Schulle x
2-6 Representing: Tx Police Association
2-7 City: Austin
2-8 -------------------------------------------------------------------
2-9 Name: Linda Brooke x
2-10 Representing: Tx Juvenile Probation Comm
2-11 City: Austin
2-12 -------------------------------------------------------------------
2-13 Name: Gary Arey x
2-14 Representing: Dallas County Attorney
2-15 City: Garland
2-16 -------------------------------------------------------------------