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.