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.