1-1     By:  Haggerty (Senate Sponsor - Staples)               H.B. No. 776
 1-2           (In the Senate - Received from the House May 7, 2001;
 1-3     May 7, 2001, read first time and referred to Committee on Criminal
 1-4     Justice; May 11, 2001, reported favorably by the following vote:
 1-5     Yeas 4, Nays 0; May 11, 2001, sent to printer.)
 1-6                            A BILL TO BE ENTITLED
 1-7                                   AN ACT
 1-8     relating to the implementation, operation, and maintenance of the
 1-9     criminal justice information system.
1-10           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11           SECTION 1.  Article 60.02(j), Code of Criminal Procedure, is
1-12     amended to read as follows:
1-13           (j)  At least once during each five-year period the council
1-14     shall coordinate an examination of the records and operations of
1-15     the criminal justice information system to ensure the accuracy and
1-16     completeness of information in the system and to ensure the
1-17     promptness of information reporting. The state auditor, or other
1-18     appropriate entity selected by the council, shall conduct the
1-19     examination with the cooperation of the council, the Department of
1-20     Public Safety, and the Texas Department of Criminal Justice. The
1-21     Department of Public Safety, the council, and the Texas Department
1-22     of Criminal Justice may examine the records of the agencies
1-23     required to report information to the Department of Public Safety
1-24     or the Texas Department of Criminal Justice. The examining entity
1-25     shall submit to the legislature and the council a report that
1-26     summarizes the findings of each examination and contains
1-27     recommendations for improving the system.  Not later than the first
1-28     anniversary after the date the examining entity submits its report,
1-29     the Department of Public Safety shall report to the Legislative
1-30     Budget Board, the governor, the state auditor, and the council on
1-31     the department's progress in implementing the examining entity's
1-32     recommendations, including for each recommendation not implemented
1-33     the reason for not implementing the recommendation.  The Department
1-34     of Public Safety shall submit a similar report each year following
1-35     the submission of the first report until each of the examining
1-36     entity's recommendations is implemented.
1-37           SECTION 2.  Chapter 60, Code of Criminal Procedure, is
1-38     amended by adding Articles 60.20 and 60.21 to read as follows:
1-39           Art. 60.20.  INFORMATION RELATED TO NON-FINGERPRINT SUPPORTED
1-40     ACTIONS. On receipt of a report of prosecution or court disposition
1-41     information from a jurisdiction for which corresponding arrest data
1-42     does not exist in the computerized criminal history system, the
1-43     Department of Public Safety shall enter the report into a
1-44     non-fingerprint supported file that is separate from the
1-45     computerized criminal history system.  The department shall grant
1-46     access to records in the non-fingerprint supported file that
1-47     include the subject's name or other identifier in the same manner
1-48     as the department is required to grant access to criminal history
1-49     record information under Subchapter F, Chapter 411, Government
1-50     Code.  On receipt of a report of arrest information that
1-51     corresponds to a record in the non-fingerprint supported file, the
1-52     department shall transfer the record from the non-fingerprint
1-53     supported file to the computerized criminal history system.
1-54           Art. 60.21.  MONITORING TRACKING; INFORMATION SUBMISSION. (a)
1-55     The Department of Information Resources shall monitor the
1-56     development of the corrections tracking system by the Texas
1-57     Department of Criminal Justice to ensure implementation of the
1-58     system not later than June 1, 2005.
1-59           (b)  Not later than January 1, 2003, the Department of Public
1-60     Safety shall:
1-61                 (1)  develop a plan to encourage local criminal justice
1-62     agencies to report criminal history data to the Texas Department of
1-63     Public Safety for inclusion in the computerized criminal history
1-64     system as required by Chapter 60, Code of Criminal Procedure; and
 2-1                 (2)  evaluate the necessity of imposing sanctions on
 2-2     local criminal justice agencies that do not report criminal history
 2-3     data as required by Chapter 60, Code of Criminal Procedure.
 2-4           (c)  The Department of Public Safety shall:
 2-5                 (1)  monitor the submission of arrest and disposition
 2-6     information by local jurisdictions;
 2-7                 (2)  annually submit to the Legislative Budget Board,
 2-8     the governor, the state auditor, and the council a report regarding
 2-9     the level of reporting by local jurisdictions; and
2-10                 (3)  identify local jurisdictions that do not report
2-11     arrest or disposition information or that partially report
2-12     information.
2-13           (d)  This article expires December 31, 2005.
2-14           SECTION 3. Sections 411.083(b) and (c), Government Code, are
2-15     amended to read as follows:
2-16           (b)  The department shall grant access to criminal history
2-17     record information to:
2-18                 (1)  criminal justice agencies;
2-19                 (2)  noncriminal justice agencies authorized by federal
2-20     statute or executive order or by state statute to receive criminal
2-21     history record information;
2-22                 (3)  the person who is the subject of the criminal
2-23     history record information;
2-24                 (4)  a person working on a research or statistical
2-25     project that:
2-26                       (A)  is funded in whole or in part by state
2-27     funds; or
2-28                       (B)  meets the requirements of Part 22, Title 28,
2-29     Code of Federal Regulations, and is approved by the department;
2-30     [and]
2-31                 (5)  an individual or an agency that has a specific
2-32     agreement with a criminal justice agency to provide services
2-33     required for the administration of criminal justice under that
2-34     agreement, if the agreement:
2-35                       (A)  specifically authorizes access to
2-36     information;
2-37                       (B)  limits the use of information to the
2-38     purposes for which it is given;
2-39                       (C)  ensures the security and confidentiality of
2-40     the information; and
2-41                       (D)  provides for sanctions if a requirement
2-42     imposed under Paragraph (A), (B), or (C) is violated;
2-43                 (6)  a county or district clerk's office; and
2-44                 (7)  the Office of Court Administration of the Texas
2-45     Judicial System.
2-46           (c)  The department may disseminate criminal history record
2-47     information under Subsection (b)(1) only for a criminal justice
2-48     purpose.  The department may disseminate criminal history record
2-49     information under Subsection (b)(2) only for a purpose specified in
2-50     the statute or order.  The department may disseminate criminal
2-51     history record information under Subsection (b)(4) or (b)(5) only
2-52     for a purpose approved by the department and only under rules
2-53     adopted by the department.  The department may disseminate criminal
2-54     history record information under Subsection (b)(6) only to the
2-55     extent necessary for a county or district clerk to perform a duty
2-56     imposed by law to collect and report criminal court disposition
2-57     information.  Criminal history record information disseminated to a
2-58     clerk under Subsection (b)(6) may be used by the clerk only to
2-59     ensure that information reported by the clerk to the department is
2-60     accurate and complete.  The dissemination of information to a clerk
2-61     under Subsection (b)(6) does not affect the authority of the clerk
2-62     to disclose or use information submitted by the clerk to the
2-63     department.  The department may disseminate criminal history record
2-64     information under Subsection (b)(7) only to the extent necessary
2-65     for the office of court administration to perform a duty imposed by
2-66     law to compile court statistics or prepare reports.  The office of
2-67     court administration may disclose criminal history record
2-68     information obtained from the department under Subsection (b)(7) in
2-69     a statistic compiled by the office or a report prepared by the
 3-1     office, but only in a manner that does not identify the person who
 3-2     is the subject of the information.
 3-3           SECTION 4.  Article 60.02(j), Code of Criminal Procedure, as
 3-4     amended by this Act, applies only to recommendations made in a
 3-5     report submitted by the state auditor or other examining entity
 3-6     under that article on or after the effective date of this Act.
 3-7           SECTION 5.  Not later than October 1, 2001, the Texas
 3-8     Department of Public Safety shall transfer from the computerized
 3-9     criminal history system maintained by the department under Chapter
3-10     60, Code of Criminal Procedure, all records of prosecution or court
3-11     disposition information for which corresponding arrest data does
3-12     not exist in the system to a non-fingerprint supported file as
3-13     required by Article 60.20, Code of Criminal Procedure, as added by
3-14     this Act.
3-15           SECTION 6.  This Act takes effect immediately if it receives
3-16     a vote of two-thirds of all the members elected to each house, as
3-17     provided by Section 39, Article III, Texas Constitution.  If this
3-18     Act does not receive the vote necessary for immediate effect, this
3-19     Act takes effect September 1, 2001.
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