By Brimer, et al. H.B. No. 466
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the compilation and use of information pertaining to
1-3 criminal combinations; providing a penalty.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Title 1, Code of Criminal Procedure, is amended
1-6 by adding Chapter 61 to read as follows:
1-7 CHAPTER 61. COMPILATION OF INFORMATION PERTAINING TO A
1-8 CRIMINAL COMBINATION
1-9 Art. 61.01. DEFINITIONS. In this chapter:
1-10 (1) "Combination" has the meaning assigned by Section
1-11 71.01, Penal Code.
1-12 (2) "Child" has the meaning assigned by Section 51.02,
1-13 Family Code.
1-14 (3) "Criminal information" means facts, material, or
1-15 data reasonably related to the investigation or prosecution of
1-16 criminal activity.
1-17 (4) "Criminal activity" means conduct that is subject
1-18 to prosecution.
1-19 (5) "Criminal justice agency" has the meaning assigned
1-20 by Article 60.01.
1-21 (6) "Administration of criminal justice" has the
1-22 meaning assigned by Article 60.01.
1-23 Art. 61.02. CRIMINAL COMBINATION INFORMATION SYSTEM. A
1-24 criminal justice agency may compile criminal information into a
2-1 system for the purpose of investigating or prosecuting the criminal
2-2 activities of criminal combinations. The information may be
2-3 compiled on paper, by computer, or in any other useful manner.
2-4 Art. 61.03. RELEASE OF INFORMATION. (a) A criminal justice
2-5 agency that maintains criminal information under this chapter may
2-6 release the information to:
2-7 (1) another criminal justice agency;
2-8 (2) a court; or
2-9 (3) a defendant in a criminal proceeding who is
2-10 entitled to the discovery of the information under Chapter 39.
2-11 (b) A criminal justice agency or court may use information
2-12 received under this article only for the administration of criminal
2-13 justice. A defendant may use information received under this
2-14 article only for a defense in a criminal proceeding.
2-15 Art. 61.04. CRIMINAL INFORMATION RELATING TO CHILD. (a)
2-16 Notwithstanding Section 51.14, Family Code, criminal information
2-17 relating to a child associated with a combination may be compiled
2-18 and released under this chapter regardless of the age of the child.
2-19 (b) A criminal justice agency that maintains information
2-20 under this chapter may release the information to an attorney
2-21 representing a child who is a party to a proceeding under Title 3,
2-22 Family Code, if the juvenile court determines the information:
2-23 (1) is material to the proceeding; and
2-24 (2) is not privileged under law.
2-25 (c) An attorney may use information received under this
2-26 article only for a child's defense in a proceeding under Title 3,
2-27 Family Code.
3-1 Art. 61.05. UNAUTHORIZED USE OR RELEASE OF CRIMINAL
3-2 INFORMATION. (a) A person commits an offense if the person
3-3 knowingly:
3-4 (1) uses criminal information obtained under this
3-5 chapter for an unauthorized purpose; or
3-6 (2) releases the information to a person who is not
3-7 entitled to the information.
3-8 (b) An offense under this article is a Class A misdemeanor.
3-9 SECTION 2. The importance of this legislation and the
3-10 crowded condition of the calendars in both houses create an
3-11 emergency and an imperative public necessity that the
3-12 constitutional rule requiring bills to be read on three several
3-13 days in each house be suspended, and this rule is hereby suspended,
3-14 and that this Act take effect and be in force from and after its
3-15 passage, and it is so enacted.