BILL ANALYSIS



H.B. 466
By: Brimer
April 3, 1995
Committee Report (Unamended)


BACKGROUND

Organized gang activity, and the violence related to it is on the
rise in Texas and across the nation.  Law enforcement agencies
throughout Texas need a useful and effective tool to help them
combat this problem.  The ability to compile as well as disseminate
information pertaining to criminal combination could serve this
purpose.

PURPOSE

If enacted, H.B. 466 would give law enforcement agencies across
Texas the ability to compile, use, and disseminate information
pertaining to criminal combinations.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly
grant any additional rulemaking authority to a state officer,
department, agency, or institution.

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Title 1, Code of Criminal Procedure, by adding
Chapter 61.

     CHAPTER 61.  COMPILATION OF INFORMATION PERTAINING TO A
     CRIMINAL COMBINATION

     Art. 61.01.  DEFINITIONS.

           (1) defines "combination."

           (2) defines "child."

           (3) defines "criminal information."

           (4) defines "criminal activity."

           (5) defines "criminal justice agency."

           (6) defines "administration of criminal justice."

     Art. 61.02.  CRIMINAL COMBINATION INFORMATION SYSTEM.  Allows
     a criminal justice agency to compile criminal information into
     a system and outlines the purposes of this compilation.

     Art. 61.03.  RELEASE OF INFORMATION.

           (a) lists the entities to whom a criminal justice agency
           may release this information.

           (b) limits the purposes for which information under this
           chapter can be used by a criminal justice agency, court,
           or defendant.

     Art. 61.04.  CRIMINAL INFORMATION RELATING TO CHILD.

           (a) allows criminal information relating to a child
           associated with a combination to be compiled and
           released under this chapter regardless of the age of the
           child. 
           (b) allows a criminal justice agency that maintains
           information under this chapter to release the
           information to an attorney representing a child who is
           a party to a proceeding under Title 3, Family Code if
           the juvenile court determines the information:

               (1) is material to the proceeding; and

               (2) is not privileged under law.

           (c) allows an attorney to use information received under
           this article only for a child's defense in a Title 3
           proceeding.

     Art. 61.05.  UNAUTHORIZED USE OR RELEASE OF CRIMINAL
     INFORMATION.

           (a) creates an offense for knowingly:

               (1) using criminal information obtained for an
               unauthorized purpose; or

               (2) release the information to person who is not
               entitled to it.

           (b) classifies this offense as a Class B misdemeanor.

SECTION 2.  Emergency clause; effective upon passage.


SUMMARY OF COMMITTEE ACTION

HB 466 was considered by the full committee in a public hearing on
March 27, 1995.  

The following persons testified in favor of the bill:

     Ann Diamond, representing the Tarrant County Criminal District
     Attorney;
     Sgt. S. C. Van Vlech, representing the Fort Worth Police
     Department;
     Kimbra K. Ogg, representing the City of Houston Anti Gang
     Office; and
     Chuck Brawner, representing the Harris County Gang Related
     Tracking System.
 
The following person registered for the bill but did not testify:

     Leonard Spearman, Jr., representing Harris County Judge Robert
     Eckels and the Harris County Commissioners Court.

HB 466 was left pending in committee.  HB 466 was considered by the
full committee in a public hearing on April 3, 1995.  HB 466 was
reported favorably without amendment, with the recommendation that
it do pass and be printed, by a record vote of 8 ayes, 0 nays, 0
pnv, and 1 absent.