AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

Currently, under Article 60.08 (Reporting), Code of Criminal Procedure, the Department of Public Safety of the State of Texas (DPS) and the Texas Department of Criminal Justice  (TDCJ) have developed procedures that ensure that the offender processing data is reported from the time an offender is arrested until the time an offender is released and provided measures and policies designed to identify and eliminate redundant reporting of information to the criminal justice information system.

 

Rural and smaller jurisdictions that participate in federal programs in which information on offenders is cross-referenced that do not have the costly and sophisticated technology still collect fingerprints and send those cards to state authorities via mail.  In order for authorities to timely respond to this information, it should be reported sooner than currently required.

 

S.B. 1529 amends Article 60.08(d), Code of Criminal Procedure, to require that information regarding an arrest be reported to TDCJ or DPS not later than the second day after the arrest.

 

As proposed, S.B. 1529 amends current law relating to the date by which law enforcement agencies must report arrests to the Department of Public Safety.

 

RULEMAKING AUTHORITY

 

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

 

SECTION BY SECTION ANALYSIS

 

SECTION 1.  Amends Article 60.08(d), Code of Criminal Procedure, to require an offender's arrest to be reported to the Department of Public Safety not later than the second, rather than the seventh, day after the date of the arrest.

 

SECTION 2.  Makes application of Article 60.08(d), Code of Criminal Procedure, as amended by this Act, prospective to September 1, 2011.

 

SECTION 3.  Effective date: September 1, 2011.