HBA-CMT, AMW C.S.H.B. 776 77(R)BILL ANALYSIS Office of House Bill AnalysisC.S.H.B. 776 By: Haggerty Corrections 4/16/2001 Committee Report (Substituted) BACKGROUND AND PURPOSE Criminal history records are an important public safety tool used both by the criminal justice system and by those monitoring employment at schools, day care centers, and nursing homes. Accurate and complete criminal history records are crucial to effective criminal justice. In addition, such records are increasingly used to screen individuals prior to public or private employment in sensitive positions or for the purchase of firearms. The 71st Legislature required the Texas Department of Criminal Justice (TDCJ) and the Department of Public Safety (DPS) to create the Texas Criminal Justice Information System (CJIS). C.S.H.B. 776 modifies provisions relating to the implementation and operation of CJIS and the submission of information to CJIS and the dissemination and use of that information. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. ANALYSIS C.S.H.B. 776 amends the Code of Criminal Procedure to require that no later than the first anniversary after the date an examining entity submits its criminal history data report, the Department of Public Safety (DPS) is to report to the Legislative Budget Board (board), the governor, the state auditor, and the Criminal Justice Policy Council (council) on DPS's progress in implementing the examining entity's recommendations, including for each recommendation not implemented the reason for not implementing the recommendation. The bill requires DPS to enter reports of prosecution or court disposition information from a jurisdiction for which corresponding arrest data does not exist in the computerized criminal history system (system) into a non-fingerprint supported file that is separate from the system on receipt of a report from the jurisdiction. The department is required to grant access to records in the non-fingerprint supported file that include the subject's name or other identifier in the same manner as DPS is required to grant access to criminal history record information. The bill provides that on receipt of a report of arrest information that corresponds to a record in the non-fingerprint supported file, DPS is required to transfer the record from the nonfingerprint supported file to the computerized criminal history system. The bill requires the Department of Information Resources (DIR) to monitor the development of the corrections tracking system by the Texas Department of Criminal Justice (TDCJ) to ensure implementation of the system no later than June 1, 2005. The bill requires DPS to develop a plan no later than January 1, 2003 to encourage local criminal justice agencies to report criminal history data to DPS for inclusion in the system and evaluate the necessity of imposing sanctions on local criminal justice agencies that do not report criminal history data. The bill requires DPS to monitor the submission of arrest and disposition information by local jurisdictions, annually submit a report regarding the level of reporting by local jurisdictions to the board, the governor, the state auditor, and the council and identify local jurisdictions that do not report arrest or disposition information or that partially report information. The bill amends the Government Code to require DPS to grant access to criminal history record information to a county or district clerk's office and the Office of Court Administration of the Texas Judicial System. The bill sets forth provisions relating to the dissemination of criminal history record information by DPS to a county or district clerk and the use of that information by a county or district clerk. The bill authorizes the office of court administration to disclose criminal history record information obtained from DPS in a statistic compiled by the office or a report prepared by the office, but only in a manner that does not identify the person who is the subject of the information. The bill requires DPS to transfer no later than October 1, 2001 all records of prosecution or court disposition information for which corresponding arrest data does not exist in the system to a non-fingerprint supported file. EFFECTIVE DATE On passage, or if the Act does not receive the necessary vote, the Act takes effect September 1, 2001. COMPARISON OF ORIGINAL TO SUBSTITUTE C.S.H.B. 776 modifies the original bill by removing the change from at least once in each two-year rather than five-year period for when the Criminal Justice Policy Council (council) is required to coordinate an examination of the records and operations of the criminal justice information system (CJIS). The substitute adds the requirement that no later than the first anniversary after the date an examining entity submits its criminal history data report, the Department of Public Safety (DPS) is to report to the Legislative Budget Board (board), the governor, the state auditor, and the Criminal Justice Policy Council (council) on DPS's progress in implementing the examining entity's recommendations. The substitute adds provisions regarding the entry of a report of prosecution or court disposition information for which corresponding arrest data does not exist in the computerized criminal history system (system) into a non-fingerprint supported file. The substitute adds to the Code of Criminal Procedure rather than the Government Code the requirement that the Department of Information Resources (DIR) rather than the Criminal Justice Policy Council monitor the development of the corrections tracking system by the Texas Department of Criminal Justice (TDCJ) to ensure implementation of the system not later than June 1, 2005. The substitute requires DPS rather than the council to develop a plan to encourage local criminal justice agencies to report criminal history data to DPS, and evaluate the necessity of imposing sanctions on local criminal justice agencies that do not report criminal history data. The substitute adds the requirement that DPS monitor the submission of arrest and disposition information, annually submit a report regarding the level of reporting by local jurisdictions, and identify local jurisdictions that do not report arrest or disposition information. The substitute removes provisions prohibiting a plan developed by the council from overburdening local criminal justice agencies, and the requirement that the council develop a plan to ensure that any Internet portal system selected by the Judicial Committee on Information Technology used by the court to submit disposition information to DPS does not interfere with the court's ability to submit accurate information. The substitute amends the Government Code to require DPS to grant access to criminal history record information to a county or district clerk's office and the Office of Court Administration of the Texas Judicial System. The substitute adds provisions relating to the dissemination of criminal history record information to a county or district clerk and the use of that information by a county or district clerk. The substitute adds the requirement that DPS transfer all records of prosecution or court disposition information from the system for which corresponding arrest data does not exist in the system to a non-fingerprint supported file no later than October 1, 2001.