1-1  By:  Brimer, et al. (Senate Sponsor - Cain)            H.B. No. 466
    1-2        (In the Senate - Received from the House April 25, 1995;
    1-3  April 26, 1995, read first time and referred to Committee on
    1-4  Criminal Justice; May 2, 1995, reported favorably, as amended, by
    1-5  the following vote:  Yeas 5, Nays 0; May 2, 1995, sent to printer.)
    1-6  COMMITTEE AMENDMENT NO. 1                             By:  Whitmire
    1-7  Amend H.B. 466 as follows:
    1-8  On page 1, line 20, after "Article 60.01" and before the period add
    1-9  the following:
   1-10        "and also means a municipal or county agency, or school
   1-11  district law enforcement agency, that is engaged in the
   1-12  administration of criminal justice under a statute or executive
   1-13  order"
   1-14  COMMITTEE AMENDMENT NO. 2                             By:  Whitmire
   1-15  Amend HB 466 as follows:
   1-16        On page 1, line 14, add "photograph," after "material,".
   1-17                         A BILL TO BE ENTITLED
   1-18                                AN ACT
   1-19  relating to the compilation and use of information pertaining to
   1-20  criminal combinations; providing a penalty.
   1-21        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-22        SECTION 1.  Title 1, Code of Criminal Procedure, is amended
   1-23  by adding Chapter 61 to read as follows:
   1-24        CHAPTER 61.  COMPILATION OF INFORMATION PERTAINING TO A
   1-25                         CRIMINAL COMBINATION
   1-26        Art. 61.01.  DEFINITIONS.  In this chapter:
   1-27              (1)  "Combination" has the meaning assigned by Section
   1-28  71.01, Penal Code.
   1-29              (2)  "Child" has the meaning assigned by Section 51.02,
   1-30  Family Code.
   1-31              (3)  "Criminal information" means facts, material, or
   1-32  data reasonably related to the investigation or prosecution of
   1-33  criminal activity.
   1-34              (4)  "Criminal activity" means conduct that is subject
   1-35  to prosecution.
   1-36              (5)  "Criminal justice agency" has the meaning assigned
   1-37  by  Article 60.01.
   1-38              (6)  "Administration of criminal justice" has the
   1-39  meaning assigned by Article 60.01.
   1-40        Art. 61.02.  CRIMINAL COMBINATION INFORMATION SYSTEM.  A
   1-41  criminal justice agency may compile criminal information into a
   1-42  system for the purpose of investigating or prosecuting the criminal
   1-43  activities of criminal combinations.  The information may be
   1-44  compiled on paper, by computer, or in any other useful manner.
   1-45        Art. 61.03.  RELEASE OF INFORMATION.  (a)  A criminal justice
   1-46  agency that maintains criminal information under this chapter may
   1-47  release the information to:
   1-48              (1)  another criminal justice agency;
   1-49              (2)  a court; or
   1-50              (3)  a defendant in a criminal proceeding who is
   1-51  entitled to the discovery of the information under Chapter 39.
   1-52        (b)  A criminal justice agency or court may use information
   1-53  received under this article only for the administration of criminal
   1-54  justice.  A defendant may use information received under this
   1-55  article only for a defense in a criminal proceeding.
   1-56        Art. 61.04.  CRIMINAL INFORMATION RELATING TO CHILD.
   1-57  (a)  Notwithstanding Section 51.14, Family Code, criminal
   1-58  information relating to a child associated with a combination may
   1-59  be compiled and released under this chapter regardless of the age
   1-60  of the child.
   1-61        (b)  A criminal justice agency that maintains information
   1-62  under this chapter may release the information to an attorney
   1-63  representing a child who is a party to a proceeding under Title 3,
   1-64  Family Code, if the juvenile court determines the information:
   1-65              (1)  is material to the proceeding; and
   1-66              (2)  is not privileged under law.
   1-67        (c)  An attorney may use information received under this
   1-68  article only for a child's defense in a proceeding under Title 3,
    2-1  Family Code.
    2-2        Art. 61.05.  UNAUTHORIZED USE OR RELEASE OF CRIMINAL
    2-3  INFORMATION.  (a)  A person commits an offense if the person
    2-4  knowingly:
    2-5              (1)  uses criminal information obtained under this
    2-6  chapter for an unauthorized purpose; or
    2-7              (2)  releases the information to a person who is not
    2-8  entitled to the information.
    2-9        (b)  An offense under this article is a Class A misdemeanor.
   2-10        SECTION 2.  The importance of this legislation and the
   2-11  crowded condition of the calendars in both houses create an
   2-12  emergency and an imperative public necessity that the
   2-13  constitutional rule requiring bills to be read on three several
   2-14  days in each house be suspended, and this rule is hereby suspended,
   2-15  and that this Act take effect and be in force from and after its
   2-16  passage, and it is so enacted.
   2-17                               * * * * *