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 * * * * *