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 * * * * *