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 -------------------------------------------------------------------