H.B. No. 466 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, 1-15 photograph, or data reasonably related to the investigation or 1-16 prosecution of 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 and also means a municipal or county agency, or 1-21 school district law enforcement agency, that is engaged in the 1-22 administration of criminal justice under a statute or executive 1-23 order. 1-24 (6) "Administration of criminal justice" has the 2-1 meaning assigned by Article 60.01. 2-2 Art. 61.02. CRIMINAL COMBINATION INFORMATION SYSTEM. A 2-3 criminal justice agency may compile criminal information into a 2-4 system for the purpose of investigating or prosecuting the criminal 2-5 activities of criminal combinations. The information may be 2-6 compiled on paper, by computer, or in any other useful manner. 2-7 Art. 61.03. RELEASE OF INFORMATION. (a) A criminal justice 2-8 agency that maintains criminal information under this chapter may 2-9 release the information on request to: 2-10 (1) another criminal justice agency; 2-11 (2) a court; or 2-12 (3) a defendant in a criminal proceeding who is 2-13 entitled to the discovery of the information under Chapter 39. 2-14 (b) A criminal justice agency or court may use information 2-15 received under this article only for the administration of criminal 2-16 justice. A defendant may use information received under this 2-17 article only for a defense in a criminal proceeding. 2-18 (c) A local criminal justice agency may not send information 2-19 collected under this chapter to a statewide database. 2-20 Art. 61.04. CRIMINAL INFORMATION RELATING TO CHILD. (a) 2-21 Notwithstanding Section 51.14, Family Code, criminal information 2-22 relating to a child associated with a combination may be compiled 2-23 and released under this chapter regardless of the age of the child. 2-24 (b) A criminal justice agency that maintains information 2-25 under this chapter may release the information to an attorney 2-26 representing a child who is a party to a proceeding under Title 3, 2-27 Family Code, if the juvenile court determines the information: 3-1 (1) is material to the proceeding; and 3-2 (2) is not privileged under law. 3-3 (c) An attorney may use information received under this 3-4 article only for a child's defense in a proceeding under Title 3, 3-5 Family Code. 3-6 Art. 61.05. UNAUTHORIZED USE OR RELEASE OF CRIMINAL 3-7 INFORMATION. (a) A person commits an offense if the person 3-8 knowingly: 3-9 (1) uses criminal information obtained under this 3-10 chapter for an unauthorized purpose; or 3-11 (2) releases the information to a person who is not 3-12 entitled to the information. 3-13 (b) An offense under this article is a Class A misdemeanor. 3-14 Art. 61.06. DESTRUCTION OF RECORDS. Information collected 3-15 under this chapter must be destroyed after two years if the 3-16 individual has not been charged with criminal activity. 3-17 SECTION 2. The importance of this legislation and the 3-18 crowded condition of the calendars in both houses create an 3-19 emergency and an imperative public necessity that the 3-20 constitutional rule requiring bills to be read on three several 3-21 days in each house be suspended, and this rule is hereby suspended, 3-22 and that this Act take effect and be in force from and after its 3-23 passage, and it is so enacted.