1-1     By:  Goodman, et al. (Senate Sponsor - Whitmire)      H.B. No. 2874

 1-2           (In the Senate - Received from the House May 12, 1997;

 1-3     May 13, 1997, read first time and referred to Committee on Criminal

 1-4     Justice; May 18, 1997, reported favorably by the following vote:

 1-5     Yeas 7, Nays 0; May 18, 1997, sent to printer.)

 1-6                            A BILL TO BE ENTITLED

 1-7                                   AN ACT

 1-8     relating to the collection and disposal of information pertaining

 1-9     to a criminal combination.

1-10           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

1-11           SECTION 1.  Article 61.03, Code of Criminal Procedure, is

1-12     amended by adding Subsection (d) to read as follows:

1-13           (d)  A local criminal justice agency may send information

1-14     collected under this chapter to a regional database.

1-15           SECTION 2.  Article 61.04(a), Code of Criminal Procedure, is

1-16     amended to read as follows:

1-17           (a)  Notwithstanding Chapter 58 [Section 51.14], Family Code,

1-18     criminal information relating to a child associated with a

1-19     combination may be compiled and released under this chapter

1-20     regardless of the age of the child.

1-21           SECTION 3.  Article 61.06, Code of Criminal Procedure, is

1-22     amended to read as follows:

1-23           Art. 61.06.  DESTRUCTION OF RECORDS.  (a)  Information

1-24     collected under this chapter relating to a child, as that term is

1-25     defined by Section 51.02, Family Code, must be destroyed after

1-26     three [two] years if the individual has not been arrested for:

1-27                 (1)  [charged with] criminal activity as reported to

1-28     the Department of Public Safety under Chapter 60 of this code or

1-29     Chapter 58, Family Code; or

1-30                 (2)  an offense under Section 42.01(a)(6), Penal Code.

1-31           (b)  Time incarcerated in the institutional division or state

1-32     jail division of the Texas Department of Criminal Justice for

1-33     service of a felony sentence or in the Texas Youth Commission for

1-34     service of a felony sentence or commitment is not counted in the

1-35     three-year period under Subsection (a).

1-36           SECTION 4.  The change in law made by this Act applies to

1-37     criminal information, as that term is defined by Article 61.01,

1-38     Code of Criminal Procedure, without regard to whether the

1-39     information originated or was first compiled before, on, or after

1-40     the effective date of this Act.

1-41           SECTION 5.  The importance of this legislation and the

1-42     crowded condition of the calendars in both houses create an

1-43     emergency and an imperative public necessity that the

1-44     constitutional rule requiring bills to be read on three several

1-45     days in each house be suspended, and this rule is hereby suspended,

1-46     and that this Act take effect and be in force from and after its

1-47     passage, and it is so enacted.

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