By Haggerty H.B. No. 776
77R1835 JMC-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to certain duties imposed on the Criminal Justice Policy
1-3 Council regarding the implementation, operation, and maintenance of
1-4 the criminal justice 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 two-year [five-year] period
1-9 the council shall coordinate an examination of the records and
1-10 operations of the criminal justice information system to ensure the
1-11 accuracy and completeness of information in the system and to
1-12 ensure the promptness of information reporting. The state auditor,
1-13 or other appropriate entity selected by the council, shall conduct
1-14 the examination with the cooperation of the council, the Department
1-15 of 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.
1-23 SECTION 2. Chapter 413, Government Code, is amended by
1-24 adding Section 413.023 to read as follows:
2-1 Sec. 413.023. MONITORING TRACKING; INFORMATION SUBMISSION.
2-2 (a) The policy council shall monitor the development of the
2-3 corrections tracking system by the Texas Department of Criminal
2-4 Justice and the Department of Information Resources to ensure
2-5 implementation of the system not later than June 1, 2005.
2-6 (b) Not later than January 1, 2003, the policy council
2-7 shall:
2-8 (1) develop a plan to encourage local criminal justice
2-9 agencies to report criminal history data to the Texas Department of
2-10 Public Safety for inclusion in the computerized criminal history
2-11 system as required by Chapter 60, Code of Criminal Procedure; and
2-12 (2) evaluate the necessity of imposing sanctions on
2-13 local criminal justice agencies that do not report criminal history
2-14 data as required by Chapter 60, Code of Criminal Procedure.
2-15 (c) A plan developed by the policy council as required by
2-16 Subsection (b)(1) may not overburden local criminal justice
2-17 agencies.
2-18 (d) Not later than January 1, 2003, the policy council, in
2-19 conjunction with the Judicial Committee on Information Technology,
2-20 shall develop a plan to ensure that any Internet "portal" system
2-21 selected by the committee for use by courts to electronically
2-22 submit disposition information to the Texas Department of Public
2-23 Safety does not interfere with the courts' ability to submit
2-24 accurate information in a timely manner.
2-25 (e) Not later than January 1, 2003, the policy council, in
2-26 conjunction with the Texas Department of Public Safety, shall:
2-27 (1) analyze less expensive alternatives to the use of
3-1 Live Scan equipment by criminal justice agencies for submitting
3-2 fingerprints electronically to the department; and
3-3 (2) develop:
3-4 (A) audit procedures for reviewing criminal
3-5 history data submitted by local criminal justice agencies; and
3-6 (B) guidelines for submitting criminal history
3-7 requests to the Texas Department of Public Safety by public
3-8 entities.
3-9 (f) This section expires December 31, 2005.
3-10 SECTION 3. The Criminal Justice Policy Council shall
3-11 coordinate the first examination of the criminal justice
3-12 information system required by Article 60.02(j), Code of Criminal
3-13 Procedure, as amended by this Act, not later than October 1, 2002.
3-14 The entity that conducts the examination shall submit to the
3-15 legislature and the Criminal Justice Policy Council the first
3-16 report required by Article 60.02(j), Code of Criminal Procedure, as
3-17 amended by this Act, not later than January 1, 2003.
3-18 SECTION 4. This Act takes effect immediately if it receives
3-19 a vote of two-thirds of all the members elected to each house, as
3-20 provided by Section 39, Article III, Texas Constitution. If this
3-21 Act does not receive the vote necessary for immediate effect, this
3-22 Act takes effect September 1, 2001.