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.
1-48 * * * * *