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A BILL TO BE ENTITLED
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AN ACT
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relating to the reporting of criminal disposition completeness |
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percentage data. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 60.10, Code of Criminal Procedure, is |
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amended by amending Subsections (b), (c), (d), and (e) and adding |
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Subsection (e-1) to read as follows: |
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(b) This article applies only to a county that has an |
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average disposition completeness percentage, including |
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individualized determinations for both juvenile and adult |
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dispositions, of less than 90 percent, as reflected in the most |
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recent [first] report submitted by the Department of Public Safety |
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[submits] under Article 60.21(b)(2) [on or after January 1, 2009]. |
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(c) The commissioners court of a county described by |
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Subsection (b) shall establish a local data advisory board as |
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described by Article 60.09 not later than the 120th day after the |
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date this article becomes applicable to the county based on the |
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report under Article 60.21(b)(2) [not later than November 1,
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2009]. A local data advisory board established under this article |
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may include any person described by Article 60.09(b) and must |
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include: |
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(1) the sheriff of the county, or the sheriff's |
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designee; |
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(2) an attorney who represents the state in the |
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district courts of the county; |
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(3) an attorney who represents the state in the county |
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courts of the county; |
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(4) the clerk for the district courts of the county, or |
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the clerk's designee; |
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(5) the clerk for the county courts of the county, or |
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the clerk's designee; |
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(6) the police chief of the municipality with the |
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greatest population located in the county, or the chief's designee; |
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(7) a representative of the county's automated data |
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processing services, if the county performs those services; and |
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(8) a representative of an entity with whom the county |
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contracts for automated data processing services, if the county |
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contracts for those services. |
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(d) In addition to the duties described by Article 60.09(a), |
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a local data advisory board for a county that is subject to the |
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requirements of [established under] this article must prepare a |
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data reporting improvement plan. The data reporting improvement |
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plan must: |
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(1) describe the manner in which the county intends to |
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improve the county's disposition completeness percentage; |
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(2) ensure that the county takes the steps necessary |
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for the county's average disposition completeness percentage to be |
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equal to or greater than 90 percent not later than the first |
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anniversary of the date this article becomes applicable to that |
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county based on the [in the first] report [the Department of Public
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Safety submits] under Article 60.21(b)(2) [on or after January 1,
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2013]; and |
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(3) include a comprehensive strategy by which the |
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county will permanently maintain the county's disposition |
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completeness percentage at or above 90 percent. |
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(e) Not later than June 1 of each year[, 2010], a local data |
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advisory board for a county that is subject to the requirements of |
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[established under] this article shall submit to the Department of |
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Public Safety the data reporting improvement plan prepared for the |
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county. On receipt of a data reporting improvement plan under this |
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article, the department shall post the plan on the Internet website |
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maintained by the department. |
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(e-1) A county is released from its duties under this |
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article on the date the Department of Public Safety submits a report |
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under Article 60.21(b)(2) stating that the county has attained an |
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average disposition completeness percentage that is equal to or |
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greater than 90 percent. However, the county again becomes subject |
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to the requirements of this article if its average disposition |
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completeness percentage declines to a level that is less than 90 |
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percent as reflected in the department's report. |
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SECTION 2. Article 60.14, Code of Criminal Procedure, is |
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amended to read as follows: |
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Art. 60.14. AWARD [ALLOCATION] OF GRANT PROGRAM MONEY FOR |
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CRIMINAL JUSTICE PROGRAMS. (a) An agency of the state, before |
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making a grant award [allocating money] to a county from any federal |
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or state criminal justice grant program [for the enhancement of
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criminal justice programs], shall require that county to certify, |
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before the distribution of any money from the program, that the |
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county's average disposition completeness percentage, including |
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individualized determinations for both juvenile and adult |
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dispositions, is equal to or greater than 90 percent as determined |
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by the Department of Public Safety. |
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(b) In this article, "disposition completeness percentage" |
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has the meaning assigned by Article 60.21(c) [county has taken or
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will take, using all or part of the allocated funds, all action
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necessary to provide the Texas Department of Criminal Justice and
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the Department of Public Safety any criminal history records
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maintained by the county in the manner specified for purposes of
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those departments]. |
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SECTION 3. Article 60.21(b), Code of Criminal Procedure, is |
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amended to read as follows: |
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(b) The Department of Public Safety shall: |
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(1) monitor the submission of arrest and disposition |
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information by local jurisdictions; |
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(2) annually submit to the Legislative Budget Board, |
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the governor, the lieutenant governor, the speaker of the house of |
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representatives, the state auditor, and the standing committees in |
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the senate and house of representatives that have primary |
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jurisdiction over criminal justice and the Department of Public |
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Safety a report regarding the level of reporting by local |
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jurisdictions; |
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(3) identify local jurisdictions that do not report |
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arrest or disposition information or that partially report |
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information; and |
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(4) for use in determining the status of outstanding |
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dispositions, publish monthly on the Department of Public Safety's |
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Internet website or on another electronic publication a report |
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listing each arrest by local jurisdiction for which there is no |
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corresponding final court disposition. |
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SECTION 4. Article 60.10(g), Code of Criminal Procedure, is |
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repealed. |
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SECTION 5. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2013. |