By: Huffman S.B. No. 262

A BILL TO BE ENTITLED

AN ACT

relating to the reporting of criminal disposition completeness percentage data.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Article 60.10, Code of Criminal Procedure, is amended by amending Subsections (b), (c), (d), and (e) and adding Subsection (e-1) to read as follows:

(b) This article applies only to a county that has an average disposition completeness percentage, including individualized determinations for both juvenile and adult dispositions, of less than 90 percent, as reflected in the most recent [first] report submitted by the Department of Public Safety [submits] under Article 60.21(b)(2) [on or after January 1, 2009].

(c) The commissioners court of a county described by Subsection (b) shall establish a local data advisory board as described by Article 60.09 not later than the 120th day after the date this article becomes applicable to the county based on the report under Article 60.21(b)(2) [not later than November 1, 2009]. A local data advisory board established under this article may include any person described by Article 60.09(b) and must include:

(1) the sheriff of the county, or the sheriff's designee;

(2) an attorney who represents the state in the district courts of the county;

(3) an attorney who represents the state in the county courts of the county;

(4) the clerk for the district courts of the county, or the clerk's designee;

(5) the clerk for the county courts of the county, or the clerk's designee;

(6) the police chief of the municipality with the greatest population located in the county, or the chief's designee;

(7) a representative of the county's automated data processing services, if the county performs those services; and

(8) a representative of an entity with whom the county contracts for automated data processing services, if the county contracts for those services.

(d) In addition to the duties described by Article 60.09(a), a local data advisory board for a county that is subject to the requirements of [established under] this article must prepare a data reporting improvement plan. The data reporting improvement plan must:

(1) describe the manner in which the county intends to improve the county's disposition completeness percentage;

(2) ensure that the county takes the steps necessary for the county's average disposition completeness percentage to be equal to or greater than 90 percent not later than the first anniversary of the date this article becomes applicable to that county based on the [in the first] report [the Department of Public Safety submits] under Article 60.21(b)(2) [on or after January 1, 2013]; and

(3) include a comprehensive strategy by which the county will permanently maintain the county's disposition completeness percentage at or above 90 percent.

(e) Not later than June 1 of each year[, 2010], a local data advisory board for a county that is subject to the requirements of [established under] this article shall submit to the Department of Public Safety the data reporting improvement plan prepared for the county. On receipt of a data reporting improvement plan under this article, the department shall post the plan on the Internet website maintained by the department.

(e-1) A county is released from its duties under this article on the date the Department of Public Safety submits a report under Article 60.21(b)(2) stating that the county has attained an average disposition completeness percentage that is equal to or greater than 90 percent. However, the county again becomes subject to the requirements of this article if its average disposition completeness percentage declines to a level that is less than 90 percent as reflected in the department's report.

SECTION 2. Subsection (b), Article 60.21, Code of Criminal Procedure, is amended to read as follows:

(b) The Department of Public Safety shall:

(1) monitor the submission of arrest and disposition information by local jurisdictions;

(2) annually submit to the Legislative Budget Board, the governor, the lieutenant governor, the speaker of the house of representatives, the state auditor, and the standing committees in the senate and house of representatives that have primary jurisdiction over criminal justice and the Department of Public Safety a report regarding the level of reporting by local jurisdictions;

(3) identify local jurisdictions that do not report arrest or disposition information or that partially report information; and

(4) for use in determining the status of outstanding dispositions, publish monthly on the Department of Public Safety's Internet website or on another electronic publication a report listing each arrest by local jurisdiction for which there is no corresponding final court disposition.

SECTION 3. Subsection (g), Article 60.10, Code of Criminal Procedure, is repealed.

SECTION 4. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2013.