77R5536 KEL-D                           
         By Najera                                              H.B. No. 195
         Substitute the following for H.B. No. 195:
         By Turner of Coleman                               C.S.H.B. No. 195
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the analysis of information identifying persons
 1-3     committing or suspected of committing certain property offenses
 1-4     against elderly individuals.
 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-6           SECTION 1. Subchapter D, Chapter 411, Government Code, is
 1-7     amended by adding Section 411.051 to read as follows:
 1-8           Sec. 411.051.  ANALYSIS OF INFORMATION IDENTIFYING PERSONS
 1-9     COMMITTING OR SUSPECTED OF COMMITTING CERTAIN PROPERTY OFFENSES
1-10     AGAINST ELDERLY INDIVIDUALS. (a)  This section applies to an
1-11     offense under Chapter 31 or 32, Penal Code, or any other offense
1-12     under that code involving an intent to steal or defraud if the
1-13     offense was committed against an elderly individual as defined by
1-14     Section 22.04(c), Penal Code.
1-15           (b)  For purposes of this section, the  victim's status as an
1-16     elderly individual is determined according to the victim's age at
1-17     the time of the offense.
1-18           (c)  A law enforcement agency that investigates an offense
1-19     described by Subsection (a) shall report the investigation to the
1-20     department in the form and manner and at regular intervals as
1-21     prescribed by rules adopted by the department.  The rules must
1-22     require submission of the original investigative report and any
1-23     supplemental investigative report containing new, significant
1-24     information.
 2-1           (d)  To identify a person committing or suspected of
 2-2     committing an offense described by Subsection (a) or a victim of an
 2-3     offense described by that subsection, the department shall analyze
 2-4     information received under this section and any other corresponding
 2-5     information possessed by the department.
 2-6           (e)  The department shall make the analysis required by this
 2-7     section available to any local law enforcement agency, political
 2-8     subdivision, or state agency to the extent the analysis is
 2-9     reasonably necessary or useful to the agency or subdivision in
2-10     carrying out duties imposed by law on the agency or subdivision.
2-11     This subsection may not be construed to enable direct access by a
2-12     person to information analyzed by the department under this section
2-13     if the person does not otherwise have direct access to that
2-14     information.  Dissemination of the analysis required by this
2-15     section is subject to all confidentiality requirements imposed by
2-16     other law.
2-17           SECTION 2. The Department of Public Safety of the State of
2-18     Texas shall establish the rules and procedures necessary to comply
2-19     with Section 411.051, Government Code, as added by this Act, not
2-20     later than October 1, 2001.
2-21           SECTION 3. This Act takes effect September 1, 2001.