By Holzheauser H.B. No. 219
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the jurisdiction of the juvenile courts and criminal
1-3 courts for certain persons and to procedures for persons under the
1-4 jurisdiction of the juvenile courts.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Section 51.02(1), Family Code, is amended to read
1-7 as follows:
1-8 (1) "Child" means a person younger than 15 <who is:>
1-9 <(A) ten years of age or older and under 17>
1-10 years of age or a person 15<; or>
1-11 <(B) seventeen> years of age or older and under
1-12 16 <18> years of age who is alleged or found to have engaged in
1-13 delinquent conduct or conduct indicating a need for supervision as
1-14 a result of acts committed before becoming 15 <17> years of age.
1-15 The term does not include:
1-16 (A) a person who is younger than 8 years of age;
1-17 or
1-18 (B) a person for whom the juvenile court has
1-19 previously waived its exclusive original jurisdiction under Section
1-20 54.02 of this code and transferred the child to a court for
1-21 criminal proceedings.
1-22 SECTION 2. Section 51.09(b), Family Code, as amended by
1-23 Chapters 429 and 593, Acts of the 72nd Legislature, Regular
2-1 Session, 1991, is conformed to Chapter 557, Acts of the 72nd
2-2 Legislature, Regular Session 1991, and is amended to read as
2-3 follows:
2-4 (b) Notwithstanding any of the provisions of Subsection (a)
2-5 of this section, the statement of a child is admissible in evidence
2-6 in any future proceeding concerning the matter about which the
2-7 statement was given if:
2-8 (1) when the child is in a detention facility or other
2-9 place of confinement or in the custody of an officer, the statement
2-10 is made in writing and the statement shows that the child has at
2-11 some time prior to the making thereof received from a magistrate or
2-12 a law enforcement officer a warning that:
2-13 (A) the child may remain silent and not make any
2-14 statement at all and that any statement that the child makes may be
2-15 used in evidence against the child;
2-16 (B) the child has the right to have an attorney
2-17 present to advise the child either prior to any questioning or
2-18 during the questioning;
2-19 (C) if the child is unable to employ an
2-20 attorney, the child has the right to have an attorney appointed to
2-21 counsel with the child prior to or during any interviews with peace
2-22 officers or attorneys representing the state;
2-23 (D) the child has the right to terminate the
2-24 interview at any time;
2-25 (E) if the child is 13 <15> years of age or
3-1 older at the time of the violation of a penal law of the grade of
3-2 felony the juvenile court may waive its jurisdiction and the child
3-3 may be tried as an adult;
3-4 (F) the child may be sentenced to commitment in
3-5 the Texas Youth Commission with a transfer to the institutional
3-6 division of the Texas Department of Criminal Justice for a term not
3-7 to exceed 40 years if the child is found to have engaged in
3-8 delinquent conduct, alleged in a petition approved by a grand jury,
3-9 that included:
3-10 (i) murder;
3-11 (ii) capital murder;
3-12 (iii) aggravated kidnapping;
3-13 (iv) aggravated sexual assault;
3-14 (v) deadly assault on a law enforcement
3-15 officer, corrections officer, court participant, or probation
3-16 personnel; or
3-17 (vi) attempted capital murder; and
3-18 (G) the statement must be signed in the presence
3-19 of a magistrate by the child with no law enforcement officer or
3-20 prosecuting attorney present, except that a magistrate may require
3-21 a bailiff or a law enforcement officer if a bailiff is not
3-22 available to be present if the magistrate determines that the
3-23 presence of the bailiff or law enforcement officer is necessary for
3-24 the personal safety of the magistrate or other court personnel,
3-25 provided that the bailiff or law enforcement officer may not carry
4-1 a weapon in the presence of the child. The magistrate must be
4-2 fully convinced that the child understands the nature and contents
4-3 of the statement and that the child is signing the same
4-4 voluntarily. If such a statement is taken, the magistrate shall
4-5 sign a written statement verifying the foregoing requisites have
4-6 been met.
4-7 The child must knowingly, intelligently, and voluntarily
4-8 waive these rights prior to and during the making of the statement
4-9 and sign the statement in the presence of a magistrate who must
4-10 certify that he has examined the child independent of any law
4-11 enforcement officer or prosecuting attorney, except as required to
4-12 ensure the personal safety of the magistrate or other court
4-13 personnel, and has determined that the child understands the nature
4-14 and contents of the statement and has knowingly, intelligently, and
4-15 voluntarily waived these rights.
4-16 (2) it be made orally and the child makes a statement
4-17 of facts or circumstances that are found to be true, which conduct
4-18 tends to establish his guilt, such as the finding of secreted or
4-19 stolen property, or the instrument with which he states the offense
4-20 was committed.
4-21 (3) the statement was res gestae of the delinquent
4-22 conduct or the conduct indicating a need for supervision or of the
4-23 arrest.
4-24 SECTION 3. Section 51.14(c), Family Code, as amended by
4-25 Chapters 385, 515, and 576, Acts of the 70th Legislature, Regular
5-1 Session, 1987, is amended to read as follows:
5-2 (c) Law-enforcement <Except as provided by this subsection,
5-3 law-enforcement> files and records concerning a child referred to
5-4 juvenile court or to the office or official designated by the
5-5 juvenile court for conduct that would constitute a class b
5-6 misdemeanor or higher may <shall> be combined with <kept separate
5-7 from> files and records of arrests of adults and may <shall> be
5-8 <maintained on a local basis only and not> sent to a central state
5-9 or federal depository. If a child has been reported as missing by
5-10 a parent, guardian, or conservator of that child or a child has
5-11 escaped from the custody of a juvenile detention facility, the
5-12 Texas Youth Commission, or any other agency to which the child has
5-13 been committed, any information or records concerning that child
5-14 may be transferred to and disseminated by the Texas Crime
5-15 Information Center and the National Crime Information Center.
5-16 However, the law-enforcement files and records of a person who is
5-17 transferred from the Texas Youth Commission to the Texas Department
5-18 of Corrections under a determinate sentence may be transferred to a
5-19 central state or federal depository for adult records on or after
5-20 the date of transfer.
5-21 SECTION 4. Section 51.15, Family Code, as amended by
5-22 Chapters 385, 515, and 576, Acts of the 70th Legislature, Regular
5-23 Session, 1987, is amended to read as follows:
5-24 Sec. 51.15. Fingerprints and Photographs. (a) No child may
5-25 be fingerprinted without the consent of the juvenile court except
6-1 as provided by this subsection or by subsections (f) and (i) of
6-2 this section. A child's fingerprints may be taken and filed by a
6-3 law-enforcement officer investigating a case if:
6-4 (1) the child is 13 <15> years of age or older and is
6-5 referred to the juvenile court for any felony; or
6-6 (2) the child is under 13 <15> years of age and is
6-7 referred to the juvenile court for a felony listed in Section
6-8 53.045(a) of this code.
6-9 (b) Except as provided in Subsections (h) and (i) of this
6-10 section, no child taken into custody may be photographed without
6-11 the consent of the juvenile court unless:
6-12 (1) the is 13 <15> years of age or older and is
6-13 referred to the juvenile court for a felony; or
6-14 (2) the child is under 13 <15> years of age and is
6-15 referred to the juvenile court for a felony listed in Section
6-16 53.045(a) of this code.
6-17 (c) Fingerprint <Except as provided by this subsection,
6-18 fingerprint> and photograph files or records of children may
6-19 <shall> be combined with <kept separate from> those of adults, and
6-20 fingerprints or photographs known to be those of a child may
6-21 <shall> be <maintained on a local basis only and not> sent to a
6-22 central state or federal depository. If a child has been reported
6-23 as missing by a parent, guardian, or conservator of that child or a
6-24 child has escaped from the custody of a juvenile detention
6-25 facility, the Texas Youth Commission, or any other agency to which
7-1 the child has been committed, the child's fingerprints and
7-2 photograph may be sent to and indexed into the files of a central
7-3 state or federal depository <the Department of Public Safety and
7-4 the Federal Bureau of Investigation to aid in the location and
7-5 identification of the child. However, fingerprint and photograph
7-6 files or records of a person who is transferred from the Texas
7-7 Youth Commission to the Texas Department of Corrections under a
7-8 determinate sentence may be transferred to adult records on or
7-9 after the date of transfer>.
7-10 (d) Fingerprint and photograph files or records of children
7-11 are subject to inspection as provided in Subsections (a) and (d) of
7-12 Section 51.14 of this code.
7-13 (e) A child's fingerprints and photographs that are not
7-14 combined with adult records <transferred> under Subsection (c) of
7-15 this section shall be removed from files or records and destroyed
7-16 if:
7-17 (1) a petition alleging that the child engaged in
7-18 delinquent conduct or conduct indicating a need for supervision is
7-19 not filed, or the proceedings are dismissed after a petition is
7-20 filed, or the child is found not to have engaged in the alleged
7-21 conduct;
7-22 (2) the person reaches 16 <18> years of age, is not
7-23 subject to commitment to the Texas Youth Commission or to transfer
7-24 under a determinate sentence to the institutional division of the
7-25 Texas Department of Criminal Justice <Corrections>, and there is no
8-1 record that the person <he> committed a criminal offense after
8-2 reaching 15 <17> years of age; or
8-3 (3) the person is older than 16 <18> years, at least
8-4 three years have elapsed after the person's release from
8-5 commitment, and there is no evidence that the person <he> committed
8-6 a criminal offense after the release.
8-7 (f) If latent fingerprints are found during the
8-8 investigation of an offense, and a law-enforcement officer has
8-9 reasonable cause to believe that they are those of a particular
8-10 child, if otherwise authorized by law, the officer <he> may
8-11 fingerprint the child regardless of the age or offense for purpose
8-12 of immediate comparison with the latent fingerprints. If the
8-13 comparison is negative, the fingerprint card and other copies of
8-14 the fingerprints taken shall be destroyed immediately. If the
8-15 comparison is positive, and the child is referred to the juvenile
8-16 court or to the office or official designated by the juvenile court
8-17 for conduct that would constitute a class b misdemeanor or higher
8-18 offense, the fingerprint card and other copies of the fingerprints
8-19 taken shall be delivered to the court for disposition. If the
8-20 child is not referred to the court or the office or official
8-21 designated by the juvenile court, the fingerprint card and other
8-22 copies of the fingerprints taken shall be destroyed immediately.
8-23 (g) When destruction of fingerprints or photographs is
8-24 required by Subsection (e), (f), or (h) of this section, the agency
8-25 with custody of the fingerprints or photographs shall proceed with
9-1 destruction without judicial order. However, if the fingerprints
9-2 or photographs are not destroyed, the juvenile court, on its own
9-3 motion or on application by the person fingerprinted or
9-4 photographed, shall order the destruction as required by this
9-5 section.
9-6 (h) If, during the investigation of a criminal offense, a
9-7 law enforcement officer has reason to believe that a photograph of
9-8 a child taken into custody or detained as permitted under this
9-9 title will assist in the identification of the offender and if not
9-10 otherwise prohibited by law, the officer may photograph the face of
9-11 the child. If the child is not identified as an offender, the
9-12 photograph and its negative shall be destroyed immediately. If the
9-13 child is identified through the photograph and the child is
9-14 referred to the juvenile court or the office or official designated
9-15 by the juvenile court for the offense investigated, the photograph
9-16 and its negative shall be delivered to the juvenile court for
9-17 disposition. If the child is not referred to the juvenile court
9-18 for the offense investigated, the photograph and its negative shall
9-19 be destroyed immediately.
9-20 (i) A law enforcement officer may fingerprint or photograph
9-21 a child taken into custody, or detained as permitted under this
9-22 title, <for delinquent conduct> if the officer is unable to
9-23 identify the child after making a reasonable effort to do so.
9-24 (j) A law enforcement officer who has taken and filed
9-25 fingerprints and photographs of a child under the provisions of
10-1 this section may permit inspection and, if necessary, copying, of
10-2 the fingerprints and photographs by another law enforcement agency
10-3 when necessary for the discharge of their official duties or by
10-4 prosecuting attorneys representing the state of Texas when
10-5 necessary for the discharge of their official duties. Any law
10-6 enforcement officer or prosecuting attorney representing the state
10-7 who obtains fingerprints and photographs from another law
10-8 enforcement agency shall be responsible for their removal and
10-9 destruction in a timely manner and fashion as provided for in
10-10 subsection (e).
10-11 SECTION 5. Section 51.16(k), Family Code, is amended to read
10-12 as follows:
10-13 (k) A court may not order under this section the sealing of
10-14 files and records concerning a person adjudicated as having engaged
10-15 in delinquent conduct that violated a penal law of the grade of
10-16 felony unless:
10-17 (1) the person is 23 years of age or older;
10-18 (2) the files and records have not been:
10-19 (A) made a part of the person's adult record as
10-20 a result of the use of the files or records after the juvenile
10-21 court under Section 54.02 of this code transferred the person to a
10-22 criminal court for prosecution; or
10-23 (B) used evidence in the punishment phase of a
10-24 criminal proceeding under Section 3(a), Article 37.07, Code of
10-25 Criminal Procedure; and
11-1 (3) the person has not been convicted of a penal law
11-2 of the grade of felony after becoming age 15 <17>.
11-3 SECTION 6. Section 54.02, Family Code, is amended to read as
11-4 follows:
11-5 Sec. 54.02. Waiver of Jurisdiction and <Discretionary>
11-6 Transfer to Criminal Court. (a) The juvenile court shall <may>
11-7 waive its exclusive original jurisdiction and transfer a child to
11-8 the appropriate district court or criminal district court for
11-9 criminal proceedings if:
11-10 (1) the child is alleged to have violated a penal law
11-11 of the grade of felony;
11-12 (2) the child was 13 <15> years of age or older at the
11-13 time the child <he> is alleged to have committed the offense and no
11-14 adjudication hearing has been conducted concerning that offense;
11-15 <and>
11-16 (3) after full investigation and hearing the juvenile
11-17 court determines that there is probable cause to believe that the
11-18 child does not show good cause why the child should not be
11-19 transferred <because of the seriousness of the offense or the
11-20 background of the child the welfare of the community requires
11-21 criminal proceedings>.
11-22 (b) The petition and notice requirements of Sections 53.04,
11-23 53.04, 53.06, and 53.07 of this code must be satisfied, and the
11-24 summons must state that the hearing is for the purpose of
11-25 considering <discretionary> transfer to criminal court.
12-1 (c) The juvenile court shall conduct a hearing without a
12-2 jury to consider transfer of the child for criminal proceedings.
12-3 (d) Prior to the hearing, the juvenile court shall order and
12-4 obtain a complete diagnostic study, social evaluation, and full
12-5 investigation of the child, the child's <his> circumstances, and
12-6 the circumstances of the alleged offense.
12-7 (e) At the transfer hearing the court may consider written
12-8 reports from probation officers, professional court employees, or
12-9 professional consultants in addition to the testimony of witnesses.
12-10 At lease one week <day> prior to the transfer hearing, the court
12-11 shall provide the attorney for the child with access to all written
12-12 matter to be considered by the court in making the transfer
12-13 decision. The court may order counsel not to reveal items to the
12-14 child or the child's <his> parent, guardian, or guardian ad litem
12-15 if such disclosure would materially harm the treatment and
12-16 rehabilitation of the child or would substantially decrease the
12-17 likelihood of receiving information from the same or similar
12-18 sources in the future.
12-19 (f) In determining whether the child shows good cause not to
12-20 be transferred under <making the determination required by>
12-21 Subsection (a) of this section, the court shall consider, among
12-22 other matters:
12-23 (1) whether the alleged offense was against person or
12-24 property, with greater weight in favor of transfer given to
12-25 offenses against the person;
13-1 (2) whether the alleged offense was committed in an
13-2 aggressive and premeditated manner;
13-3 (3) whether there is evidence on which a grand jury
13-4 may be expected to return an indictment;
13-5 (4) the sophistication and maturity of the child;
13-6 (5) the record and previous history of the child; and
13-7 (6) the prospects of adequate protection of the public
13-8 and the likelihood of the rehabilitation of the child by use of
13-9 procedures, services, and facilities currently available to the
13-10 juvenile court.
13-11 (g) If the juvenile court retains jurisdiction, the child is
13-12 not subject to criminal prosecution at any time for any offense
13-13 alleged in the petition or for any offense within the knowledge of
13-14 the juvenile court judge as evidenced by anything in the record of
13-15 the proceedings.
13-16 (h) If the juvenile court waives jurisdiction, it shall
13-17 state specifically in the order its reasons for waiver and certify
13-18 its action, including the written order and findings of the court,
13-19 and shall transfer the child to the appropriate court for criminal
13-20 proceedings. On transfer of the child for criminal proceedings, he
13-21 shall be dealt with as an adult and in accordance with the Code of
13-22 Criminal Procedure. The transfer of custody is an arrest. <The
13-23 court to which the child is transferred shall determine if good
13-24 cause exists for an examining trial. If there is no good cause for
13-25 an examining trial, the court shall refer the case to the grand
14-1 jury. If there is good cause for an examining trial, the court
14-2 shall conduct an examining trial and may remand the child to the
14-3 jurisdiction of the juvenile court.>
14-4 (i) A waiver under this section is a waiver of jurisdiction
14-5 over the child and the criminal court may not remand the child to
14-6 the jurisdiction of the juvenile court. <If the child's case is
14-7 brought to the attention of the grand jury and the grand jury does
14-8 not indict for the offense charged in the complaint forwarded by
14-9 the juvenile court, the district court or criminal district court
14-10 shall certify the grand jury's failure to indict to the juvenile
14-11 court. On receipt of the certification, the juvenile court may
14-12 resume jurisdiction of the case.>
14-13 (j) The juvenile court shall <may> waive its exclusive
14-14 original jurisdiction and transfer a person to the appropriate
14-15 district court or criminal district court for criminal proceedings
14-16 if:
14-17 (1) the person is 16 <18> years of age or older;
14-18 (2) the person was 13 <15> years of age or older and
14-19 under 15 <17> years of age at the time the person <he> is alleged
14-20 to have committed a felony;
14-21 (3) no adjudication concerning the alleged offense has
14-22 been made or no adjudication hearing concerning the offense has
14-23 been conducted;
14-24 (4) the juvenile court finds from a preponderance of
14-25 the evidence that after due diligence of the state it was not
15-1 practicable to proceed in juvenile court before the 16th <18th>
15-2 birthday of the person because:
15-3 (A) the state did not have probable cause to
15-4 proceed in juvenile court and new evidence has been found since the
15-5 16th <18th> birthday of the person; or
15-6 (B) the person could not be found; and
15-7 (5) the juvenile court determines that there is
15-8 probable cause to believe that the child before the court committed
15-9 the offense alleged.
15-10 (k) The petition and notice requirements of Sections 53.04,
15-11 53.05, 53.06, and 53.07 of this code must be satisfied, and the
15-12 summons must state that the hearing is for the purpose of
15-13 considering waiver of jurisdiction under Subsection (j) of this
15-14 section.
15-15 (l) The juvenile court shall conduct a hearing without a
15-16 jury to consider waiver of jurisdiction under Subsection (j) of
15-17 this section.
15-18 SECTION 7. Section 54.04(e), Family Code, is amended to read
15-19 as follows:
15-20 (e) The Texas Youth Commission shall accept a child properly
15-21 committed to it by a juvenile court even though the child may be 15
15-22 <17> years of age or older at the time of commitment.
15-23 SECTION 8. Sections 54.05(a) and (b), Family Code, are
15-24 amended to read as follows:
15-25 (a) Any disposition, except a commitment to the Texas Youth
16-1 Commission, may be modified by the juvenile court as provided in
16-2 this section until;
16-3 (1) the child reaches the child's 16th <his 18th>
16-4 birthday; or
16-5 (2) the child is earlier discharged by the court or
16-6 operation of law.
16-7 (b) Except for a commitment to the Texas Youth Commission,
16-8 all dispositions automatically terminate when the child reaches the
16-9 child's 16th <his 18th> birthday.
16-10 SECTION 9. Sections 8.07(b) and (d), Penal Code, are amended
16-11 to read as follows:
16-12 (b) Unless the juvenile court waives jurisdiction under
16-13 Section 54.02, Family Code, and certifies the individual for
16-14 criminal prosecution or the juvenile court has previously waived
16-15 jurisdiction under that section and certified the individual for
16-16 criminal prosecution, a person may not be prosecuted for or
16-17 convicted of any offense committed before reaching 15 <17> years of
16-18 age except:
16-19 (1) perjury and aggravated perjury when it appears by
16-20 proof that he had sufficient discretion to understand the nature
16-21 and obligation of an oath;
16-22 (2) a violation of a penal statute cognizable under
16-23 Chapter 302, Acts of the 55th Legislature, Regular Session, 1957,
16-24 as amended (Article 6701l-4, Vernon's Texas Civil Statutes), except
16-25 conduct which violates the laws of this state prohibiting driving
17-1 while intoxicated or under the influence of intoxicating liquor
17-2 (first or subsequent offense) or driving while under the influence
17-3 of any narcotic drug or of any other drug to a degree which renders
17-4 him incapable of safely driving a vehicle (first or subsequent
17-5 offense);
17-6 (3) a violation of a motor vehicle traffic ordinance
17-7 of an incorporated city or town in this state;
17-8 (4) a misdemeanor punishable by fine only other than
17-9 public intoxication; or
17-10 (5) a violation of a penal ordinance of a political
17-11 subdivision.
17-12 (d) No person may, in any case, be punished by death for an
17-13 offense committed while he was younger than 16 <17> years.
17-14 SECTION 10. Section 61.001(6), Human Resources Code, is
17-15 amended to read as follows:
17-16 (6) "Child" means a person 8 <10> years old or older
17-17 and under 21 years old who is committed to the commission under
17-18 Title 3, Family Code.
17-19 SECTION 11. Section 411.042, Bureau of Identification and
17-20 Records of the Texas Government Code, is amended by amending
17-21 subsection (b) and adding a new subsection (h) to read as follows:
17-22 (b) The bureau of identification and records shall:
17-23 (1) procure and file for record photographs, pictures,
17-24 descriptions, fingerprints, measurements, and other pertinent
17-25 information of all persons arrested for or charged with a criminal
18-1 offense or convicted of a criminal offense, regardless of whether
18-2 the conviction is probated;
18-3 (2) procure and file arrest records, fingerprints and
18-4 photographs concerning any child referred to juvenile court or to
18-5 the office or official designated by the juvenile court for conduct
18-6 that would constitute a class b misdemeanor or higher.
18-7 (3) <(2)> collect information concerning the number
18-8 and nature of offenses reported or known to have been committed in
18-9 the state and the legal steps taken in connection with the
18-10 offenses, and other information useful in the study of crime and
18-11 the administration of justice, including a statistical breakdown of
18-12 those offenses in which family violence was involved and those
18-13 offenses committed by children;
18-14 (4) <(3)> make ballistic tests of bullets and firearms
18-15 and chemical analyses of bloodstains, cloth, materials, and other
18-16 substances for law enforcement officers of the state; and
18-17 (5) <(4)> cooperate with identification and crime
18-18 records bureaus in other states and the United States Department of
18-19 Justice.
18-20 (h) Files, information and records concerning children shall
18-21 be handled in a manner consistent with the provisions of Chapter 51
18-22 of the Texas Family Code and shall not be disseminated to any
18-23 person except law enforcement personnel and prosecutors.
18-24 SECTION 12. This Act takes effect September 1, 1995.
18-25 SECTION 13. (a) Section 1, 2, 5, 6, 7, 8, and 10 of this
19-1 Act apply only to a person who engages in delinquent conduct or
19-2 conduct indicating a need for supervision under Title 3, Family
19-3 Code, on or after the effective date of this Act. Delinquent
19-4 conduct or conduct indicating a need for supervision occurs on or
19-5 after the effective date of this Act if every element of the
19-6 conduct occurs on or after that date.
19-7 (b) A person who engages in delinquent conduct or conduct
19-8 indicating a need for supervision under Title 3, Family Code,
19-9 before the effective date of this Act is governed by the law in
19-10 effect at the time the conduct occurred, and that law is continued
19-11 in effect for that purpose.
19-12 SECTION 14. (a) Section 9 of this Act applies only to the
19-13 prosecution of an offense committed on or after the effective date
19-14 of this Act. For purposes of this section, an offense is committed
19-15 before the effective date of this Act if any element of the offense
19-16 occurs before the effective date.
19-17 (b) An offense committed before the effective date of this
19-18 Act is covered by the law in effect when the offense was committed,
19-19 and the former law is continued in effect for that purpose.
19-20 SECTION 15. Section 3 of this Act applies to the files and
19-21 records of any person, without regard to whether the person engages
19-22 in delinquent conduct or conduct indicating a need for supervision
19-23 under Title 3, Family Code, before, on, or after the effective date
19-24 of this Act.
19-25 SECTION 16. Section 4 of this Act applies only to
20-1 fingerprints or photographs taken on or after the effective date of
20-2 this Act. Fingerprints or photographs taken before the effective
20-3 date of this Act are governed by the law in effect at the time the
20-4 fingerprints or photographs were taken, and that law is continued
20-5 in effect for that purpose.
20-6 SECTION 17. The importance of this legislation and the
20-7 crowded condition of the calendars in both houses create an
20-8 emergency and an imperative public necessity that the
20-9 constitutional rule requiring bills to be read on three several
20-10 days in each house be suspended, and this rule is hereby suspended.