SRC-SLL H.B. 2874 75(R)   BILL ANALYSIS


Senate Research Center   H.B. 2874
By: Goodman (Whitmire)
Criminal Justice
5-15-97
Engrossed


DIGEST 

The 74th Legislature approved a bill which authorized law enforcement
agencies to compile, maintain, and disseminate information relating to
criminal combinations.  Pursuant to this authority, law enforcement
agencies have developed "gangbooks" in which information on known or
suspected gang members is collected.  However, it is not clear whether law
enforcement agencies which face gang activity crossing over jurisdictional
lines may work together and combine into a single database the information
they collect under this chapter.  In addition, current law requires that
information on an individual in the database be destroyed after two years
unless the individual has been charged with criminal activity.  This bill
will provide additional regulations regarding the collection and disposal
of information pertaining to a criminal combination. 

PURPOSE

As proposed, H.B. 2874 provides additional regulations regarding the
collection and disposal of information pertaining to a criminal
combination. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Article 61.03, Code of Criminal Procedure, by adding
Subsection (d), to authorize the local criminal justice agency to send
information collected under this chapter to a regional database. 

SECTION 2. Amends Article 61.04(a), Code of Criminal Procedure, to
authorize certain information to be compiled and released, notwithstanding
Chapter 58, Family Code, rather than Section 51.14, Family Code. 

SECTION 3. Amends Article 61.06, Code of Criminal Procedure, to require
information collected under this chapter relating to a child, as that term
is defined by Section 51.02, Family Code, to be destroyed after three
years, rather than two years, if the individual has not been arrested for
certain offenses.  Provides that time incarcerated in the institutional
division or state jail division of the Texas Department of Criminal
Justice for service of a felony sentence or in the Texas Youth Commission
for service of a felony sentence or commitment is not counted in the
three-year period under Subsection (a). 

SECTION 4. Makes application of this Act retroactive.

SECTION 5. Emergency clause.
  Effective date: upon passage.