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.