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.