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
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    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
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    2-9  Name:  Linda Brooke                                            x
   2-10  Representing:  Tx Juvenile Probation Comm
   2-11  City:  Austin
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   2-13  Name:  Gary Arey                                 x
   2-14  Representing:  Dallas County Attorney
   2-15  City:  Garland
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