BILL ANALYSIS H.B. 466 By: Brimer (Whitmire) Criminal Justice 5-3-95 Senate Committee Report (Amended) BACKGROUND Currently, law enforcement agencies do not have the authority to compile, maintain, and disseminate information relating to criminal combinations. The inability to share access to files and release previous activities and associations is a handicap in law enforcement's attempt to reduce gang activity. PURPOSE As proposed, H.B. 466 authorizes law enforcement and other criminal justice agencies to compile, use, and disseminate information pertaining to criminal combinations. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not grant any additional rulemaking authority to a state officer, institution, or agency. SECTION BY SECTION ANALYSIS SECTION 1. Amends Title 1, Code of Criminal Procedure, by adding Chapter 61, as follows: CHAPTER 61. COMPILATION OF INFORMATION PERTAINING TO A CRIMINAL COMBINATION Art. 61.01. DEFINITIONS. Defines "combination," "child," "criminal information," "criminal activity," "criminal justice agency," and "administration of criminal justice." Art. 61.02. CRIMINAL COMBINATION INFORMATION SYSTEM. Authorizes a criminal justice agency to compile criminal information into a system for the purpose of investigating or prosecuting the criminal activities of criminal combinations. Authorizes the information to be compiled on paper, by computer, or in any other useful manner. Art. 61.03. RELEASE OF INFORMATION. (a) Sets forth the entities to whom a criminal justice agency that maintains criminal information under this chapter is authorized to release the information. (b) Authorizes a criminal justice agency or court to use information received under this article only for the administration of criminal justice. Authorizes a defendant to use information received under this article only for defense in a criminal proceeding. Art. 61.04. CRIMINAL INFORMATION RELATING TO CHILD. (a) Authorizes criminal information, notwithstanding Section 51.14, Family Code, relating to a child associated with a combination to be compiled and released under this chapter regardless of the age of the child. (b) Authorizes 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 makes certain determinations regarding the information. (c) Authorizes an attorney to use information received under this article only for a child's defense in a proceeding under Title 3, Family Code. Art. 61.05. UNAUTHORIZED USE OR RELEASE OF CRIMINAL INFORMATION. Provides that a person commits a Class A misdemeanor if the person knowingly uses criminal information obtained under this chapter for an unauthorized purpose or releases the information to a person who is not entitled to the information. SECTION 2. Emergency clause. Effective date: upon passage.