SRC-JBJ H.B. 3149 77(R)   BILL ANALYSIS


Senate Research Center   H.B. 3149
77R12377 JMC-DBy: Allen (Armbrister)
Criminal Justice
5/6/2001
Engrossed


DIGEST AND PURPOSE 

Currently, there is no database that compiles information about threats
made against peace officers. H.B. 3149 requires the Department of Public
Safety to create and maintain such a database.  

RULEMAKING AUTHORITY

Rulemaking authority is expressly granted to the public safety director in
SECTION 1 (Section 411.048, Government Code) of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Chapter 411D, Government Code, by adding Section
411.048, as follows: 

Sec. 411.048.  THREATS AGAINST PEACE OFFICERS.  (a)  Defines "criminal
justice agency" and "peace officer." 

(b)  Requires the bureau of identification and records to establish and
maintain a central index in the law enforcement information system
maintained by the department for a certain purpose. 

(c)  Requires a criminal justice agency to immediately enter into the
information system an electronic report of an individual who makes a threat
described by Subsection (b)(1).  Requires the agency to enter the
information in the form and manner provided by rules adopted by the
director.  

(d)  Requires the Department of Public Safety (department), on proper
inquiry into the information system, to disseminate information collected
under this section to a criminal justice agency as reasonably necessary to
protect the safety of a peace officer. Authorizes the criminal justice
agency to use information disseminated under this subsection in the manner
provided by rules adopted by the director. 

(e)  Requires the department to promptly respond to a request to disclose
information collected under this section by an individual who is the
subject of the information. 
 
(f)  Authorizes an individual who is the subject of information collected
under this section to request that the director, the director's designee,
or a court review the information to determine whether the information
complies with rules adopted by the director.  Requires the review to be
conducted using the same procedure for reviewing criminal information
collected under Chapter 61, Code of Criminal Procedure. 

(g)  Provides that a peace officer or criminal justice agency is not liable
for an act or omission relating to the collection, use, or dissemination of
information collected under this section in accordance with rules adopted
by the director. 

 (h)  Authorizes the director to adopt rules to implement and enforce this
section. Requires any rule adopted by the director under this section to
comply with the provisions of the Code of Federal Regulations, Title 28,
Part 23, as it applies to criminal intelligence systems. 

SECTION 2.  Amends Section 552.108(a), Government Code, to provide that
information held by a law enforcement agency or prosecutor that deals with
the detection, investigation, or prosecution of crime is excepted from the
requirements of Section 552.021 under certain conditions. 

SECTION 3.  Effective date:  May 1, 2002.