By Goodman, et al. H.B. No. 2874
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the collection and disposal of information pertaining
1-3 to a criminal combination.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Article 61.03, Code of Criminal Procedure, is
1-6 amended by adding Subsection (d) to read as follows:
1-7 (d) A local criminal justice agency may send information
1-8 collected under this chapter to a regional database.
1-9 SECTION 2. Article 61.04(a), Code of Criminal Procedure, is
1-10 amended to read as follows:
1-11 (a) Notwithstanding Chapter 58 [Section 51.14], Family Code,
1-12 criminal information relating to a child associated with a
1-13 combination may be compiled and released under this chapter
1-14 regardless of the age of the child.
1-15 SECTION 3. Article 61.06, Code of Criminal Procedure, is
1-16 amended to read as follows:
1-17 Art. 61.06. DESTRUCTION OF RECORDS. (a) Information
1-18 collected under this chapter relating to a child, as that term is
1-19 defined by Section 51.02, Family Code, must be destroyed after
1-20 three [two] years if the individual has not been arrested for:
1-21 (1) [charged with] criminal activity as reported to
1-22 the Department of Public Safety under Chapter 60 of this code or
1-23 Chapter 58, Family Code; or
1-24 (2) an offense under Section 42.01(a)(6), Penal Code.
2-1 (b) Time incarcerated in the institutional division or state
2-2 jail division of the Texas Department of Criminal Justice for
2-3 service of a felony sentence or in the Texas Youth Commission for
2-4 service of a felony sentence or commitment is not counted in the
2-5 three-year period under Subsection (a).
2-6 SECTION 4. The change in law made by this Act applies to
2-7 criminal information, as that term is defined by Article 61.01,
2-8 Code of Criminal Procedure, without regard to whether the
2-9 information originated or was first compiled before, on, or after
2-10 the effective date of this Act.
2-11 SECTION 5. The importance of this legislation and the
2-12 crowded condition of the calendars in both houses create an
2-13 emergency and an imperative public necessity that the
2-14 constitutional rule requiring bills to be read on three several
2-15 days in each house be suspended, and this rule is hereby suspended,
2-16 and that this Act take effect and be in force from and after its
2-17 passage, and it is so enacted.