By Goodman H.B. No. 2874
75R9066 DAK-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to compilation of information pertaining to a criminal
1-3 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 amending Subsection (c) and adding Subsection (d) to
1-7 read as follows:
1-8 (c) A local criminal justice agency may [not] send
1-9 information collected under this chapter to a statewide database.
1-10 (d) A local criminal justice agency may send information
1-11 collected under this chapter to a regional database.
1-12 SECTION 2. Article 61.04(a), Code of Criminal Procedure, is
1-13 amended to read as follows:
1-14 (a) Notwithstanding Chapter 58 [Section 51.14], Family Code,
1-15 criminal information relating to a child associated with a
1-16 combination may be compiled and released under this chapter
1-17 regardless of the age of the child.
1-18 SECTION 3. Article 61.06, Code of Criminal Procedure, is
1-19 amended to read as follows:
1-20 Art. 61.06. DESTRUCTION OF RECORDS. (a) Information
1-21 collected under this chapter must be destroyed after three [two]
1-22 years if the individual has not been arrested for:
1-23 (1) [charged with] criminal activity as reported to
1-24 the Department of Public Safety under Chapter 60 of this code or
2-1 Chapter 58, Family Code; or
2-2 (2) an offense under Section 42.01(a)(6), Penal Code.
2-3 (b) Time incarcerated in the institutional division or state
2-4 jail division of the Texas Department of Criminal Justice for
2-5 service of a felony sentence or in the Texas Youth Commission for
2-6 service of a felony sentence or commitment is not counted in the
2-7 three-year period under Subsection (a).
2-8 SECTION 4. The change in law made by this Act applies to
2-9 criminal information, as that term is defined by Article 61.01,
2-10 Code of Criminal Procedure, without regard to whether the
2-11 information originated or was first compiled before, on, or after
2-12 the effective date of this Act.
2-13 SECTION 5. The importance of this legislation and the
2-14 crowded condition of the calendars in both houses create an
2-15 emergency and an imperative public necessity that the
2-16 constitutional rule requiring bills to be read on three several
2-17 days in each house be suspended, and this rule is hereby suspended,
2-18 and that this Act take effect and be in force from and after its
2-19 passage, and it is so enacted.