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.