1-1 AN ACT
1-2 relating to certain criminal justice contracts and to the
1-3 implementation, operation, and maintenance of the criminal justice
1-4 information system.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Article 60.02(j), Code of Criminal Procedure, is
1-7 amended to read as follows:
1-8 (j) At least once during each five-year period the council
1-9 shall coordinate an examination of the records and operations of
1-10 the criminal justice information system to ensure the accuracy and
1-11 completeness of information in the system and to ensure the
1-12 promptness of information reporting. The state auditor, or other
1-13 appropriate entity selected by the council, shall conduct the
1-14 examination with the cooperation of the council, the Department of
1-15 Public Safety, and the Texas Department of Criminal Justice. The
1-16 Department of Public Safety, the council, and the Texas Department
1-17 of Criminal Justice may examine the records of the agencies
1-18 required to report information to the Department of Public Safety
1-19 or the Texas Department of Criminal Justice. The examining entity
1-20 shall submit to the legislature and the council a report that
1-21 summarizes the findings of each examination and contains
1-22 recommendations for improving the system. Not later than the first
1-23 anniversary after the date the examining entity submits its report,
1-24 the Department of Public Safety shall report to the Legislative
2-1 Budget Board, the governor, the state auditor, and the council on
2-2 the department's progress in implementing the examining entity's
2-3 recommendations, including for each recommendation not implemented
2-4 the reason for not implementing the recommendation. The Department
2-5 of Public Safety shall submit a similar report each year following
2-6 the submission of the first report until each of the examining
2-7 entity's recommendations is implemented.
2-8 SECTION 2. Chapter 60, Code of Criminal Procedure, is
2-9 amended by adding Articles 60.20 and 60.21 to read as follows:
2-10 Art. 60.20. INFORMATION RELATED TO NON-FINGERPRINT SUPPORTED
2-11 ACTIONS. On receipt of a report of prosecution or court disposition
2-12 information from a jurisdiction for which corresponding arrest data
2-13 does not exist in the computerized criminal history system, the
2-14 Department of Public Safety shall enter the report into a
2-15 non-fingerprint supported file that is separate from the
2-16 computerized criminal history system. The department shall grant
2-17 access to records in the non-fingerprint supported file that
2-18 include the subject's name or other identifier in the same manner
2-19 as the department is required to grant access to criminal history
2-20 record information under Subchapter F, Chapter 411, Government
2-21 Code. On receipt of a report of arrest information that
2-22 corresponds to a record in the non-fingerprint supported file, the
2-23 department shall transfer the record from the non-fingerprint
2-24 supported file to the computerized criminal history system.
2-25 Art. 60.21. MONITORING TRACKING; INFORMATION SUBMISSION. (a)
2-26 The Department of Information Resources shall monitor the
2-27 development of the corrections tracking system by the Texas
3-1 Department of Criminal Justice to ensure implementation of the
3-2 system not later than June 1, 2005.
3-3 (b) Not later than January 1, 2003, the Department of Public
3-4 Safety shall:
3-5 (1) develop a plan to encourage local criminal justice
3-6 agencies to report criminal history data to the Texas Department of
3-7 Public Safety for inclusion in the computerized criminal history
3-8 system as required by Chapter 60, Code of Criminal Procedure; and
3-9 (2) evaluate the necessity of imposing sanctions on
3-10 local criminal justice agencies that do not report criminal history
3-11 data as required by Chapter 60, Code of Criminal Procedure.
3-12 (c) The Department of Public Safety shall:
3-13 (1) monitor the submission of arrest and disposition
3-14 information by local jurisdictions;
3-15 (2) annually submit to the Legislative Budget Board,
3-16 the governor, the state auditor, and the council a report regarding
3-17 the level of reporting by local jurisdictions; and
3-18 (3) identify local jurisdictions that do not report
3-19 arrest or disposition information or that partially report
3-20 information.
3-21 (d) This article expires December 31, 2005.
3-22 SECTION 3. Subchapter D, Chapter 411, Government Code, is
3-23 amended by adding Section 411.048 to read as follows:
3-24 Sec. 411.048. THREATS AGAINST PEACE OFFICERS. (a) In this
3-25 section:
3-26 (1) "Criminal justice agency" has the meaning assigned
3-27 by Article 60.01, Code of Criminal Procedure.
4-1 (2) "Peace officer" has the meaning assigned by
4-2 Section 1.07, Penal Code.
4-3 (b) The bureau of identification and records shall establish
4-4 and maintain a central index in the law enforcement information
4-5 system maintained by the department to:
4-6 (1) collect and disseminate information relating to an
4-7 individual's expression of intent to inflict serious bodily injury
4-8 or death on a peace officer; and
4-9 (2) alert a peace officer of an expression of intent
4-10 to inflict serious bodily injury or death on the officer.
4-11 (c) A criminal justice agency, after making each
4-12 determination required under Subsection (d), shall immediately
4-13 enter into the information system an electronic report of an
4-14 individual who expresses an intent to inflict serious bodily injury
4-15 or death on a peace officer. The agency shall enter the
4-16 information in the form and manner provided by rules adopted by the
4-17 director.
4-18 (d) Before entering information collected under this section
4-19 into the information system, a criminal justice agency must
4-20 determine that the report described by Subsection (c):
4-21 (1) is not from an anonymous source; and
4-22 (2) consists of an expression of intent to inflict
4-23 serious bodily injury or death on a peace officer.
4-24 (e) On proper inquiry into the information system, the
4-25 department shall disseminate information collected under this
4-26 section to a criminal justice agency as reasonably necessary to
4-27 protect the safety of a peace officer. The criminal justice agency
5-1 may use information disseminated under this subsection in the
5-2 manner provided by rules adopted by the director.
5-3 (f) The department shall promptly respond to a request to
5-4 disclose information collected under this section by an individual
5-5 who is the subject of the information.
5-6 (g) An individual who is the subject of information
5-7 collected under this section may request that the director, the
5-8 director's designee, or a court review the information to determine
5-9 whether the information complies with rules adopted by the
5-10 director. The review shall be conducted using the same procedure
5-11 for reviewing criminal information collected under Chapter 61, Code
5-12 of Criminal Procedure.
5-13 (h) A peace officer or criminal justice agency is not liable
5-14 for an act or omission relating to the collection, use, or
5-15 dissemination of information collected under this section in
5-16 accordance with rules adopted by the director.
5-17 (i) The director may adopt rules to implement and enforce
5-18 this section. Any rule adopted by the director under this section
5-19 must comply with the provisions of the Code of Federal Regulations,
5-20 Title 28, Part 23, as it applies to criminal intelligence systems.
5-21 SECTION 4. Sections 411.083(b) and (c), Government Code, are
5-22 amended to read as follows:
5-23 (b) The department shall grant access to criminal history
5-24 record information to:
5-25 (1) criminal justice agencies;
5-26 (2) noncriminal justice agencies authorized by federal
5-27 statute or executive order or by state statute to receive criminal
6-1 history record information;
6-2 (3) the person who is the subject of the criminal
6-3 history record information;
6-4 (4) a person working on a research or statistical
6-5 project that:
6-6 (A) is funded in whole or in part by state
6-7 funds; or
6-8 (B) meets the requirements of Part 22, Title 28,
6-9 Code of Federal Regulations, and is approved by the department;
6-10 [and]
6-11 (5) an individual or an agency that has a specific
6-12 agreement with a criminal justice agency to provide services
6-13 required for the administration of criminal justice under that
6-14 agreement, if the agreement:
6-15 (A) specifically authorizes access to
6-16 information;
6-17 (B) limits the use of information to the
6-18 purposes for which it is given;
6-19 (C) ensures the security and confidentiality of
6-20 the information; and
6-21 (D) provides for sanctions if a requirement
6-22 imposed under Paragraph (A), (B), or (C) is violated;
6-23 (6) a county or district clerk's office; and
6-24 (7) the Office of Court Administration of the Texas
6-25 Judicial System.
6-26 (c) The department may disseminate criminal history record
6-27 information under Subsection (b)(1) only for a criminal justice
7-1 purpose. The department may disseminate criminal history record
7-2 information under Subsection (b)(2) only for a purpose specified in
7-3 the statute or order. The department may disseminate criminal
7-4 history record information under Subsection (b)(4) or (b)(5) only
7-5 for a purpose approved by the department and only under rules
7-6 adopted by the department. The department may disseminate criminal
7-7 history record information under Subsection (b)(6) only to the
7-8 extent necessary for a county or district clerk to perform a duty
7-9 imposed by law to collect and report criminal court disposition
7-10 information. Criminal history record information disseminated to a
7-11 clerk under Subsection (b)(6) may be used by the clerk only to
7-12 ensure that information reported by the clerk to the department is
7-13 accurate and complete. The dissemination of information to a clerk
7-14 under Subsection (b)(6) does not affect the authority of the clerk
7-15 to disclose or use information submitted by the clerk to the
7-16 department. The department may disseminate criminal history record
7-17 information under Subsection (b)(7) only to the extent necessary
7-18 for the office of court administration to perform a duty imposed by
7-19 law to compile court statistics or prepare reports. The office of
7-20 court administration may disclose criminal history record
7-21 information obtained from the department under Subsection (b)(7) in
7-22 a statistic compiled by the office or a report prepared by the
7-23 office, but only in a manner that does not identify the person who
7-24 is the subject of the information.
7-25 SECTION 5. Subchapter A, Chapter 495, Government Code, is
7-26 amended by adding Section 495.008 to read as follows:
7-27 Sec. 495.008. AUDITING AND MONITORING CONTRACTS. (a) The
8-1 department shall develop a comprehensive methodology for enhanced
8-2 auditing and monitoring of all facilities operated under contract
8-3 with the department that house inmates of the department and
8-4 releasees under the supervision of the department. To achieve this
8-5 objective, the department shall first review existing auditing,
8-6 monitoring, and oversight capabilities of the department to
8-7 determine what further procedures and resources are necessary to
8-8 achieve this goal.
8-9 (b) The department shall ensure that all new and renewed
8-10 contracts described by Subsection (a) include:
8-11 (1) a provision that the department or a designee of
8-12 the department may conduct periodic contract compliance reviews,
8-13 without advance notice, to monitor vendor performance;
8-14 (2) minimum acceptable standards of performance
8-15 prescribed by the department that include provisions regarding the
8-16 health, safety, and welfare of inmates and releasees;
8-17 (3) a provision that if a review determines that a
8-18 vendor is not in compliance with the contract, the department may
8-19 require that the vendor's per diem compensation be withheld until
8-20 the vendor meets contract requirements or the vendor is replaced;
8-21 (4) a provision requiring a vendor not in compliance
8-22 with the contract to implement a plan of corrective action approved
8-23 by the department; and
8-24 (5) a provision under which the state is indemnified
8-25 for costs of litigation and for any damages in lawsuits alleging
8-26 that the health, safety, or welfare of an inmate or releasee in a
8-27 contract facility is not protected.
9-1 (c) The department shall complete at least one enhanced
9-2 audit for each facility described by Subsection (a), without regard
9-3 to whether the facility is operated by a public or private vendor.
9-4 The enhanced audit must include an enhanced contract compliance
9-5 review of any vendors hired by a community supervision and
9-6 corrections department to operate a facility.
9-7 (d) The department, in conjunction with an advisory
9-8 committee composed of state officials and private officials from
9-9 within the industry, shall adopt rules to implement the
9-10 requirements of this section.
9-11 (e) The department shall develop an appeals process,
9-12 incorporated by reference into all new and renewed contracts, under
9-13 which a vendor may appeal any imposed sanction under the contract,
9-14 with the appeals process including the right to a formal hearing
9-15 and a right to a final determination by the board.
9-16 (f) The department shall submit a report to the governor and
9-17 the Legislative Budget Board not later than January 1, 2003,
9-18 describing its efforts to implement the requirements of this
9-19 section. The report must include a summary of contracts and
9-20 vendors, compliance reviews conducted, incidents of contract
9-21 noncompliance, sanctions imposed, corrective actions taken, and
9-22 current contract status. This subsection expires February 1, 2003.
9-23 SECTION 6. Section 552.108(a), Government Code, is amended
9-24 to read as follows:
9-25 (a) Information held by a law enforcement agency or
9-26 prosecutor that deals with the detection, investigation, or
9-27 prosecution of crime is excepted from the requirements of Section
10-1 552.021 if:
10-2 (1) release of the information would interfere with
10-3 the detection, investigation, or prosecution of crime;
10-4 (2) it is information that deals with the detection,
10-5 investigation, or prosecution of crime only in relation to an
10-6 investigation that did not result in conviction or deferred
10-7 adjudication; [or]
10-8 (3) it is information relating to a threat against a
10-9 peace officer collected or disseminated under Section 411.048; or
10-10 (4) it is information that:
10-11 (A) is prepared by an attorney representing the
10-12 state in anticipation of or in the course of preparing for criminal
10-13 litigation; or
10-14 (B) reflects the mental impressions or legal
10-15 reasoning of an attorney representing the state.
10-16 SECTION 7. Article 60.02(j), Code of Criminal Procedure, as
10-17 amended by this Act, applies only to recommendations made in a
10-18 report submitted by the state auditor or other examining entity
10-19 under that article on or after the effective date of this Act.
10-20 SECTION 8. Not later than October 1, 2001, the Texas
10-21 Department of Public Safety shall transfer from the computerized
10-22 criminal history system maintained by the department under Chapter
10-23 60, Code of Criminal Procedure, all records of prosecution or court
10-24 disposition information for which corresponding arrest data does
10-25 not exist in the system to a non-fingerprint supported file as
10-26 required by Article 60.20, Code of Criminal Procedure, as added by
10-27 this Act.
11-1 SECTION 9. This Act takes effect immediately if it receives
11-2 a vote of two-thirds of all the members elected to each house, as
11-3 provided by Section 39, Article III, Texas Constitution. If this
11-4 Act does not receive the vote necessary for immediate effect, this
11-5 Act takes effect September 1, 2001.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 776 was passed by the House on May 4,
2001, by a non-record vote; and that the House concurred in Senate
amendments to H.B. No. 776 on May 21, 2001, by a non-record vote.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 776 was passed by the Senate, with
amendments, on May 17, 2001, by the following vote: Yeas 30, Nays
0, 1 present, not voting.
_______________________________
Secretary of the Senate
APPROVED: __________________________
Date
__________________________
Governor