By Cook                                                H.B. No. 269
       74R1685 PEP-F
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the redundant reporting of information within the
    1-3  criminal justice information system.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Sections 8(a) and (c), Article 42.09, Code of
    1-6  Criminal Procedure, are amended to read as follows:
    1-7        (a)  A county that transfers a defendant to the institutional
    1-8  division of the Texas Department of Criminal Justice under this
    1-9  article shall deliver to the director of the division all of the
   1-10  following information relating to the defendant, except for that
   1-11  part of the information the county knows is available to the
   1-12  division as information previously entered in the criminal justice
   1-13  information system:
   1-14              (1)  a copy of the judgment entered pursuant to Article
   1-15  42.01 of this code, completed on a standardized felony judgment
   1-16  form described by Section 4 of that article;
   1-17              (2)  a copy of any order revoking community supervision
   1-18  <probation> and imposing sentence pursuant to Section 23, Article
   1-19  42.12, of this code, including:
   1-20                    (A)  any amounts owed for restitution, fines, and
   1-21  court costs, completed on a standardized felony judgment form
   1-22  described by Section 4, Article 42.01, of this code; and
   1-23                    (B)  a copy of the client supervision plan
   1-24  prepared for the defendant by the community supervision and
    2-1  corrections department supervising the defendant, if such a plan
    2-2  was prepared;
    2-3              (3)  a written report that states the nature and the
    2-4  seriousness of each offense and that states the citation to the
    2-5  provision or provisions of the Penal Code or other law under which
    2-6  the defendant was convicted;
    2-7              (4)  a copy of the victim impact statement, if one has
    2-8  been prepared in the case under Article 56.03 of this code;
    2-9              (5)  a statement as to whether there was a change in
   2-10  venue in the case and, if so, the names of the county prosecuting
   2-11  the offense and the county in which the case was tried;
   2-12              (6)  a copy of the record of arrest for each offense;
   2-13              (7)  if requested, information regarding the criminal
   2-14  history of the defendant, including the defendant's state
   2-15  identification number if the number has been issued;
   2-16              (8)  a copy of the indictment or information for each
   2-17  offense;
   2-18              (9)  a checklist sent by the department to the county
   2-19  and completed by the county in a manner indicating that the
   2-20  documents required by this subsection and Subsection (c) of this
   2-21  section accompany the defendant; and
   2-22              (10)  a copy of a presentence or postsentence
   2-23  investigation report prepared under Section 9, Article 42.12 of
   2-24  this code.
   2-25        (c)  A county that transfers a defendant to the institutional
   2-26  division of the Texas Department of Criminal Justice under this
   2-27  article shall also deliver to the director of the division any
    3-1  presentence or postsentence investigation report, revocation
    3-2  report, psychological or psychiatric evaluation of the defendant,
    3-3  and available social or psychological background information
    3-4  relating to the defendant, except for that part of the information
    3-5  the county knows is available to the division as information
    3-6  previously entered in the criminal justice information system, and
    3-7  may deliver to the director any additional information upon which
    3-8  the judge or jury bases the punishment decision.
    3-9        SECTION 2.  Article 60.06(a), Code of Criminal Procedure, is
   3-10  amended to read as follows:
   3-11        (a)  Each criminal justice agency shall:
   3-12              (1)  compile and maintain records needed for reporting
   3-13  data required by the Texas Department of Criminal Justice and the
   3-14  Department of Public Safety;
   3-15              (2)  transmit to the Texas Department of Criminal
   3-16  Justice and the Department of Public Safety, when and in the manner
   3-17  the Texas Department of Criminal Justice and the Department of
   3-18  Public Safety direct, all data required by the Texas Department of
   3-19  Criminal Justice and the Department of Public Safety, other than
   3-20  reports concerning the identity of a juvenile offender or the
   3-21  offender's parents;
   3-22              (3)  give the Department of Public Safety and the Texas
   3-23  Department of Criminal Justice or their accredited agents access to
   3-24  the agency for the purpose of inspection to determine the
   3-25  completeness and accuracy of data reported; <and>
   3-26              (4)  cooperate with the Department of Public Safety and
   3-27  the Texas Department of Criminal Justice so that the Department of
    4-1  Public Safety and the Texas Department of Criminal Justice may
    4-2  properly and efficiently perform their duties under this chapter;
    4-3  and
    4-4              (5)  cooperate with the Department of Public Safety and
    4-5  the Texas Department of Criminal Justice to identify and eliminate
    4-6  redundant reporting of information to the criminal justice
    4-7  information system.
    4-8        SECTION 3.  Article 60.08(a), Code of Criminal Procedure, is
    4-9  amended to read as follows:
   4-10        (a)  The Department of Public Safety and the Texas Department
   4-11  of Criminal Justice shall, by rule, develop reporting procedures
   4-12  that:
   4-13              (1)  ensure that the offender processing data is
   4-14  reported from the time an offender is arrested until the time an
   4-15  offender is released; and
   4-16              (2)  provide measures and policies designed to identify
   4-17  and eliminate redundant reporting of information to the criminal
   4-18  justice information system.
   4-19        SECTION 4.  The Department of Public Safety and the Texas
   4-20  Department of Criminal Justice shall adopt the rules required by
   4-21  Article 60.08(a), Code of Criminal Procedure, as amended by this
   4-22  Act, not later than January 1, 1996.
   4-23        SECTION 5.  The importance of this legislation and the
   4-24  crowded condition of the calendars in both houses create an
   4-25  emergency and an imperative public necessity that the
   4-26  constitutional rule requiring bills to be read on three several
   4-27  days in each house be suspended, and this rule is hereby suspended,
    5-1  and that this Act take effect and be in force from and after its
    5-2  passage, and it is so enacted.