CHAPTER 60. CRIMINAL HISTORY RECORD SYSTEM - Texas Statutes

CODE OF CRIMINAL PROCEDURE

TITLE 1. CODE OF CRIMINAL PROCEDURE

CHAPTER 60. CRIMINAL HISTORY RECORD SYSTEM

Art. 60.01. DEFINITIONS. In this chapter:

(1) "Administration of criminal justice" means the performance

of any of the following activities: detection, apprehension,

detention, pretrial release, post-trial release, prosecution,

adjudication, correctional supervision, or rehabilitation of an

offender. The term includes criminal identification activities

and the collection, storage, and dissemination of criminal

history record information.

(2) "Appeal" means the review of a decision of a lower court by

a superior court other than by collateral attack.

(3) "Computerized criminal history system" means the data base

containing arrest, disposition, and other criminal history

maintained by the Department of Public Safety.

(4) "Corrections tracking system" means the data base maintained

by the Texas Department of Criminal Justice on all offenders

under its supervision.

(5) "Council" means the Criminal Justice Policy Council.

(6) "Criminal justice agency" means a federal or state agency

that is engaged in the administration of criminal justice under a

statute or executive order and allocates a substantial part of

its annual budget to the administration of criminal justice.

(7) "Criminal justice information system" means the computerized

criminal history system and the corrections tracking system.

(8) "Disposition" means an action that results in the

termination, transfer to another jurisdiction, or indeterminate

suspension of the prosecution of a criminal charge.

(9) "Incident number" means a unique number assigned to a

specific person during a specific arrest.

(10) "Offender" means any person who is assigned an incident

number.

(11) "Offense code" means a numeric code for each offense

category.

(12) "Rejected case" means:

(A) a charge that, after the arrest of the offender, the

prosecutor declines to include in an information or present to a

grand jury; or

(B) an information or indictment that, after the arrest of the

offender, the prosecutor refuses to prosecute.

(13) "Release" means the termination of jurisdiction over an

individual by the criminal justice system.

(14) "State identification number" means a unique number

assigned by the Department of Public Safety to each person whose

name appears in the criminal justice information system.

(15) "Uniform incident fingerprint card" means a multiple part

form containing a unique incident number with space for

information relating to the charge or charges for which a person

is being arrested, the person's fingerprints, and other

information relevant to the arrest.

(16) "Electronic means" means the transmission of data between

word processors, data processors, or similar automated

information equipment over dedicated cables, commercial lines, or

other similar methods of transmission.

Added by Acts 1989, 71st Leg., ch. 785, Sec. 6.01, eff. Sept. 1,

1989. Amended by Acts 1990, 71st Leg., 6th C.S., ch. 25, Sec. 28,

eff. June 18, 1990. Subd. (16) added by Acts 1993, 73rd Leg., ch.

790, Sec. 37, eff. Sept. 1, 1993; added by Acts 1993, 73rd Leg.,

ch. 1025, Sec. 1, eff. Sept. 1, 1993.

Art. 60.02. INFORMATION SYSTEMS. (a) The Texas Department of

Criminal Justice is responsible for recording data and

establishing and maintaining a data base for a corrections

tracking system.

(b) The Department of Public Safety is responsible for recording

data and maintaining a data base for a computerized criminal

history system that serves as the record creation point for

criminal history information maintained by the state.

(c) The criminal justice information system shall be established

and maintained to supply the state with a system:

(1) that provides law enforcement officers with an accurate

criminal history record depository;

(2) that provides criminal justice agencies with an accurate

criminal history record depository for operational decision

making;

(3) from which accurate criminal justice system modeling can be

conducted;

(4) that improves the quality of data used to conduct impact

analyses of proposed legislative changes in the criminal justice

system; and

(5) that improves the ability of interested parties to analyze

the functioning of the criminal justice system.

(d) The data bases must contain the information required by this

chapter.

(e) The Department of Public Safety shall designate the offense

codes and has the sole responsibility for designating the state

identification number for each person whose name appears in the

criminal justice information system.

(f) The Department of Public Safety and the Texas Department of

Criminal Justice shall implement a system to link the

computerized criminal history system and the corrections tracking

system. Data received by the Texas Department of Criminal Justice

that is required by the Department of Public Safety for the

preparation of a criminal history record shall be made available

to the computerized criminal history system not later than the

seventh day after the date on which the Texas Department of

Criminal Justice receives the request for the data from the

Department of Public Safety.

(g) The Department of Public Safety is responsible for the

operation of the computerized criminal history system and shall

develop the necessary interfaces in the system to accommodate

inquiries from a statewide automated fingerprint identification

system, if such a system is implemented by the department.

(h) Whenever possible, the reporting of information relating to

dispositions and subsequent offender processing data shall be

conducted electronically.

(i) The Department of Public Safety and the Texas Department of

Criminal Justice, with advice from the council and the Department

of Information Resources, shall develop biennial plans to improve

the reporting and accuracy of the criminal justice information

system and to develop and maintain monitoring systems capable of

identifying missing information.

(j) At least once during each five-year period the council shall

coordinate an examination of the records and operations of the

criminal justice information system to ensure the accuracy and

completeness of information in the system and to ensure the

promptness of information reporting. The state auditor, or other

appropriate entity selected by the council, shall conduct the

examination with the cooperation of the council, the Department

of Public Safety, and the Texas Department of Criminal Justice.

The Department of Public Safety, the council, and the Texas

Department of Criminal Justice may examine the records of the

agencies required to report information to the Department of

Public Safety or the Texas Department of Criminal Justice. The

examining entity shall submit to the legislature and the council

a report that summarizes the findings of each examination and

contains recommendations for improving the system. Not later than

the first anniversary after the date the examining entity submits

its report, the Department of Public Safety shall report to the

Legislative Budget Board, the governor, the state auditor, and

the council on the department's progress in implementing the

examining entity's recommendations, including for each

recommendation not implemented the reason for not implementing

the recommendation. The Department of Public Safety shall submit

a similar report each year following the submission of the first

report until each of the examining entity's recommendations is

implemented.

(k) The council, the Department of Public Safety, the criminal

justice division of the governor's office, and the Department of

Information Resources cooperatively shall develop and adopt a

grant program, to be implemented by the criminal justice division

at a time and in a manner determined by the division, to aid

local law enforcement agencies, prosecutors, and court personnel

in obtaining equipment and training necessary to operate a

telecommunications network capable of:

(1) making inquiries to and receiving responses from the

statewide automated fingerprint identification system and from

the computerized criminal history system; and

(2) transmitting information to those systems.

(m) Notwithstanding Subsection (j), work performed under this

section by the state auditor is subject to approval by the

legislative audit committee for inclusion in the audit plan under

Section 321.013(c), Government Code.

Added by Acts 1989, 71st Leg., ch. 785, Sec. 6.01, eff. Sept. 1,

1989. Amended by Acts 1990, 71st Leg., 6th C.S., ch. 25, Sec. 28,

eff. June 18, 1990. Subsec. (k) amended by Acts 1991, 72nd Leg.,

ch. 362, Sec. 1, eff. Aug. 26, 1991; Subsec. (j) amended by Acts

2001, 77th Leg., ch. 474, Sec. 1, eff. Sept. 1, 2001; Subsec. (m)

added by Acts 2003, 78th Leg., ch. 785, Sec. 72, eff. Sept. 1,

2003.

Art. 60.03. INTERAGENCY COOPERATION; CONFIDENTIALITY. (a)

Criminal justice agencies, the Legislative Budget Board, and the

council are entitled to access to the data bases of the

Department of Public Safety, the Texas Juvenile Probation

Commission, the Texas Youth Commission, and the Texas Department

of Criminal Justice in accordance with applicable state or

federal law or regulations. The access granted by this subsection

does not grant an agency, the Legislative Budget Board, or the

council the right to add, delete, or alter data maintained by

another agency.

(b) The council or the Legislative Budget Board may submit to

the Department of Public Safety, the Texas Juvenile Probation

Commission, the Texas Youth Commission, and the Texas Department

of Criminal Justice an annual request for a data file containing

data elements from the departments' systems. The Department of

Public Safety, the Texas Juvenile Probation Commission, the Texas

Youth Commission, and the Texas Department of Criminal Justice

shall provide the council and the Legislative Budget Board with

that data file for the period requested, in accordance with state

and federal law and regulations. If the council submits data

file requests other than the annual data file request, the

director of the agency maintaining the requested records must

approve the request. The Legislative Budget Board may submit

data file requests other than the annual data file request

without the approval of the director of the agency maintaining

the requested records.

(c) Neither a criminal justice agency, the council, nor the

Legislative Budget Board may disclose to the public information

in an individual's criminal history record if the record is

protected by state or federal law or regulation.

Added by Acts 1989, 71st Leg., ch. 785, Sec. 6.01, eff. Sept. 1,

1989. Amended by Acts 1990, 71st Leg., 6th C.S., ch. 25, Sec. 28,

eff. June 18, 1990.

Amended by:

Acts 2005, 79th Leg., Ch.

741, Sec. 1, eff. June 17, 2005.

Art. 60.04. COMPATIBILITY OF DATA. (a) Data supplied to the

criminal justice information system must be compatible with the

system and must contain both incident numbers and state

identification numbers.

(b) A discrete submission of information under any article of

this chapter must contain, in conjunction with information

required, the defendant's name and state identification number.

Added by Acts 1989, 71st Leg., ch. 785, Sec. 6.01, eff. Sept. 1,

1989. Amended by Acts 1990, 71st Leg., 6th C.S., ch. 25, Sec. 28,

eff. June 18, 1990.

Art. 60.05. TYPES OF INFORMATION COLLECTED. The criminal justice

information system must contain but is not limited to the

following types of information for each arrest for a felony or a

misdemeanor not punishable by fine only:

(1) information relating to offenders;

(2) information relating to arrests;

(3) information relating to prosecutions;

(4) information relating to the disposition of cases by courts;

(5) information relating to sentencing; and

(6) information relating to the handling of offenders received by

a correctional agency, facility, or other institution.

Added by Acts 1989, 71st Leg., ch. 785, Sec. 6.01, eff. Sept. 1,

1989. Amended by Acts 1990, 71st Leg., 6th C.S., ch. 25, Sec. 28,

eff. June 18, 1990.

Art. 60.051. INFORMATION IN COMPUTERIZED CRIMINAL HISTORY SYSTEM.

(a) Information in the computerized criminal history system

relating to an offender must include:

(1) the offender's name, including other names by which the

offender is known;

(2) the offender's date of birth;

(3) the offender's physical description, including sex, weight,

height, race, ethnicity, eye color, hair color, scars, marks, and

tattoos; and

(4) the offender's state identification number.

(b) Information in the computerized criminal history system

relating to an arrest must include:

(1) the name of the offender;

(2) the offender's state identification number;

(3) the arresting agency;

(4) the arrest charge by offense code and incident number;

(5) whether the arrest charge is a misdemeanor or felony;

(6) the date of the arrest;

(7) the exact disposition of the case by a law enforcement agency

following the arrest; and

(8) the date of disposition of the case by the law enforcement

agency.

(c) Information in the computerized criminal history system

relating to a prosecution must include:

(1) each charged offense by offense code and incident number;

(2) the level of the offense charged or the degree of the offense

charged for each offense in Subdivision (1) of this subsection;

and

(3) for a rejected case, the date of rejection, offense code, and

incident number, and whether the rejection is a result of a

successful pretrial diversion program.

(d) Information in the computerized criminal history system

relating to the disposition of a case that was not rejected must

include:

(1) the final pleading to each charged offense and the level of

the offense;

(2) a listing of each charged offense disposed of by the court

and:

(A) the date of disposition;

(B) the offense code for the disposed charge and incident number;

and

(C) the type of disposition; and

(3) for a conviction that is appealed the final court decision

and the final disposition of the offender on appeal.

(e) Information in the computerized criminal history system

relating to sentencing must include for each sentence:

(1) the sentencing date;

(2) the sentence for each offense by offense code and incident

number;

(3) if the offender was sentenced to confinement:

(A) the agency that receives custody of the offender;

(B) the length of sentence for each offense; and

(C) if multiple sentences were ordered, whether they were ordered

to be served consecutively or concurrently;

(4) if the offender was sentenced to a fine, the amount of the

fine;

(5) if a sentence to confinement or fine was ordered but was

deferred, probated, suspended, or otherwise not imposed:

(A) the length of sentence or the amount of the fine that was

deferred, probated, suspended, or otherwise not imposed; and

(B) the offender's name, offense code, and incident number; and

(6) if a sentence other than fine or confinement was ordered, a

description of the sentence ordered.

(f) The department shall maintain in the computerized criminal

history system any information the department maintains in the

central database under Article 62.005.

(g) In addition to the information described by Subsections

(a)-(f), information in the computerized criminal history system

must include the age of the victim of the offense if the

defendant was arrested for or charged with an offense under:

(1) Section 21.02 (Continuous sexual abuse of young child or

children), Penal Code;

(2) Section 21.11 (Indecency with a child), Penal Code;

(3) Section 22.011 (Sexual assault) or 22.021 (Aggravated sexual

assault), Penal Code;

(4) Section 43.25 (Sexual performance by a child), Penal Code;

(5) Section 20.04(a)(4) (Aggravated kidnapping), Penal Code, if

the defendant committed the offense with intent to violate or

abuse the victim sexually; or

(6) Section 30.02 (Burglary), Penal Code, if the offense is

punishable under Subsection (d) of that section and the defendant

committed the offense with intent to commit an offense described

by Subdivision (2), (3), or (5).

Renumbered from art. 60.05(b) to (f) and amended by Acts 1990,

71st Leg., 6th C.S., ch. 25, Sec. 28, eff. June 18, 1990. Subsec.

(a) amended by Acts 1993, 73rd Leg., ch. 1025, Sec. 9, eff. Sept.

1, 1993; Subsec. (f) added by Acts 1995, 74th Leg., ch. 258, Sec.

14, eff. Sept. 1, 1995; Subsec. (f) amended by Acts 1997, 75th

Leg., ch. 668, Sec. 8, eff. Sept. 1, 1997.

Amended by:

Acts 2005, 79th Leg., Ch.

1008, Sec. 2.03, eff. September 1, 2005.

Acts 2007, 80th Leg., R.S., Ch.

593, Sec. 1.08, eff. September 1, 2007.

Art. 60.052. INFORMATION IN CORRECTIONS TRACKING SYSTEM. (a)

Information in the corrections tracking system relating to a

sentence to be served under the jurisdiction of the Texas

Department of Criminal Justice must include:

(1) the offender's name;

(2) the offender's state identification number;

(3) the sentencing date;

(4) the sentence for each offense by offense code and incident

number;

(5) if the offender was sentenced to imprisonment:

(A) the unit of imprisonment;

(B) the length of sentence for each offense; and

(C) if multiple sentences were ordered, whether they were ordered

to be served consecutively or concurrently; and

(6) if a sentence other than a fine or imprisonment was ordered,

a description of the sentence ordered.

(b) Sentencing information in the corrections tracking system

must also include the following information about each deferred

adjudication, probation, or other alternative to imprisonment

ordered:

(1) each conviction for which sentence was ordered but was

deferred, probated, suspended, or otherwise not imposed, by

offense code and incident number; and

(2) if a sentence or portion of a sentence of imprisonment was

deferred, probated, suspended, or otherwise not imposed:

(A) the offense, the sentence, and the amount of the sentence

deferred, probated, suspended, or otherwise not imposed;

(B) a statement of whether a return to confinement or other

imprisonment was a condition of probation or an alternative

sentence;

(C) the community supervision and corrections department

exercising jurisdiction over the offender;

(D) the date the offender was received by a community supervision

and corrections department;

(E) any program in which an offender is placed or has previously

been placed and the level of supervision the offender is placed

on while under the jurisdiction of a community supervision and

corrections department;

(F) the date a program described by Paragraph (E) of this

subdivision begins, the date the program ends, and whether the

program was completed successfully;

(G) the date a level of supervision described by Paragraph (E) of

this subdivision begins and the date the level of supervision

ends;

(H) if the offender's probation is revoked:

(i) the reason for the revocation and the date of revocation by

offense code and incident number; and

(ii) other current sentences of probation or other alternatives

to confinement that have not been revoked, by offense code and

incident number; and

(I) the date of the offender's release from the community

supervision and corrections department.

(c) Information in the corrections tracking system relating to

the handling of offenders must include the following information

about each imprisonment, confinement, or execution of an

offender:

(1) the date of the imprisonment or confinement;

(2) if the offender was sentenced to death:

(A) the date of execution; and

(B) if the death sentence was commuted, the sentence to which

the sentence of death was commuted and the date of commutation;

(3) the date the offender was released from imprisonment or

confinement and whether the release was a discharge or a release

on parole or mandatory supervision;

(4) if the offender is released on parole or mandatory

supervision:

(A) the offense for which the offender was convicted by offense

code and incident number;

(B) the date the offender was received by an office of the

parole division;

(C) the county in which the offender resides while under

supervision;

(D) any program in which an offender is placed or has previously

been placed and the level of supervision the offender is placed

on while under the jurisdiction of the parole division;

(E) the date a program described by Paragraph (D) begins, the

date the program ends, and whether the program was completed

successfully;

(F) the date a level of supervision described by Paragraph (D)

begins and the date the level of supervision ends;

(G) if the offender's release status is revoked, the reason for

the revocation and the date of revocation;

(H) the expiration date of the sentence; and

(I) the date of the offender's release from the parole division

or the date on which the offender is granted clemency; and

(5) if the offender is released under Section 6(a), Article

42.12, the date of the offender's release.

Renumbered from art. 60.05(g) to (i) and amended by Acts 1990,

71st Leg., 6th C.S., ch. 25, Sec. 28, eff. June 18, 1990.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

87, Sec. 25.044, eff. September 1, 2009.

Art. 60.06. DUTIES OF AGENCIES. (a) Each criminal justice agency

shall:

(1) compile and maintain records needed for reporting data

required by the Texas Department of Criminal Justice and the

Department of Public Safety;

(2) transmit to the Texas Department of Criminal Justice and the

Department of Public Safety, when and in the manner the Texas

Department of Criminal Justice and the Department of Public

Safety direct, all data required by the Texas Department of

Criminal Justice and the Department of Public Safety;

(3) give the Department of Public Safety and the Texas Department

of Criminal Justice or their accredited agents access to the

agency for the purpose of inspection to determine the

completeness and accuracy of data reported;

(4) cooperate with the Department of Public Safety and the Texas

Department of Criminal Justice so that the Department of Public

Safety and the Texas Department of Criminal Justice may properly

and efficiently perform their duties under this chapter; and

(5) cooperate with the Department of Public Safety and the Texas

Department of Criminal Justice to identify and eliminate

redundant reporting of information to the criminal justice

information system.

(b) Information on an individual that consists of an identifiable

description and notation of an arrest, detention, indictment,

information, or other formal criminal charge and a disposition of

the charge, including sentencing, correctional supervision, and

release that is collected and compiled by the Department of

Public Safety and the Texas Department of Criminal Justice from

criminal justice agencies and maintained in a central location is

not subject to public disclosure except as authorized by federal

or state law or regulation.

(c) Subsection (b) of this section does not apply to a document

maintained by a criminal justice agency that is the source of

information collected by the Department of Public Safety or the

Texas Department of Criminal Justice. Each criminal justice

agency shall retain documents described by this subsection.

(d) An optical disk or other technology may be used instead of

microfilm as a medium to store information if allowed by the

applicable state laws or regulations relating to the archiving of

state agency information.

(e) An official of an agency may not intentionally conceal or

destroy any record with intent to violate this section.

(f) The duties imposed on a criminal justice agency under this

article are also imposed on district court and county court

clerks.

Added by Acts 1989, 71st Leg., ch. 785, Sec. 6.01, eff. Sept. 1,

1989. Amended by Acts 1990, 71st Leg., 6th C.S., ch. 25, Sec. 28,

eff. June 18, 1990; Subsec. (a) amended by Acts 1995, 74th Leg.,

ch. 750, Sec. 1, eff. Aug. 28, 1995.

Art. 60.061. INFORMATION ON PERSONS LICENSED BY CERTAIN AGENCIES.

(a) The Texas State Board of Medical Examiners, the Texas State

Board of Podiatric Medical Examiners, the State Board of Dental

Examiners, the Texas State Board of Pharmacy, the Texas State

Board of Examiners of Psychologists, and the State Board of

Veterinary Medical Examiners shall provide to the Department of

Public Safety through electronic means, magnetic tape, or disk,

as specified by the department, a list including the name, date

of birth, and any other personal descriptive information required

by the department for each person licensed by the respective

agency. Each agency shall update this information and submit to

the Department of Public Safety the updated information

quarterly.

(b) The Department of Public Safety shall perform at least

quarterly a computer match of the licensing list against the

convictions maintained in the computerized criminal history

system. The Department of Public Safety shall report to the

appropriate licensing agency for verification and administrative

action, as considered appropriate by the licensing agency, the

name of any person found to have a record of conviction, except a

defendant whose prosecution is deferred during a period of

community supervision without an adjudication or plea of guilt.

The Department of Public Safety may charge the licensing agency a

fee not to exceed the actual direct cost incurred by the

department in performing a computer match and reporting to the

agency.

(c) The transmission of information by electronic means under

Subsection (a) of this article does not affect whether the

information is subject to disclosure under Chapter 552,

Government Code.

Added by Acts 1993, 73rd Leg., ch. 790, Sec. 38, eff. Sept. 1,

1993; Acts 1993, 73rd Leg., ch. 1025, Sec. 2, eff. Sept. 1, 1993.

Amended by Acts 1995, 74th Leg., ch. 76, Sec. 3.21, eff. Sept. 1,

1995; Subsec. (a) amended by Acts 1995, 74th Leg., ch. 965, Sec.

78, eff. Sept. 1, 1995; Subsec. (c) amended by Acts 1995, 74th

Leg., ch. 76, Sec. 5.95(88), eff. Sept. 1, 1995; Subsecs. (a),

(b) amended by Acts 1999, 76th Leg., ch. 1189, Sec. 43, eff.

Sept. 1, 1999.

Amended by:

Acts 2005, 79th Leg., Ch.

143, Sec. 23, eff. September 1, 2005.

Art. 60.07. UNIFORM INCIDENT FINGERPRINT CARD. (a) The

Department of Public Safety, in consultation with the council,

shall design, print, and distribute to each law enforcement

agency in the state a uniform incident fingerprint card.

(b) The incident card must:

(1) be serially numbered with an incident number in such a manner

that the individual incident of arrest may be readily

ascertained; and

(2) be a multiple part form that can be transmitted with the

offender through the criminal justice process and that allows

each agency to report required data to the Department of Public

Safety or the Texas Department of Criminal Justice.

(c) Subject to available telecommunications capacity, the

Department of Public Safety shall develop the capability to

receive by electronic means from a law enforcement agency the

information on the uniform incident fingerprint card. The

information must be in a form that is compatible to the form

required of data supplied to the criminal justice information

system.

Added by Acts 1989, 71st Leg., ch. 785, Sec. 6.01, eff. Sept. 1,

1989. Amended by Acts 1990, 71st Leg., 6th C.S., ch. 25, Sec. 28,

eff. June 18, 1990; Subsec. (c) added by Acts 1993, 73rd Leg.,

ch. 790, Sec. 39, eff. Sept. 1, 1993; added by Acts 1993, 73rd

Leg., ch. 1025, Sec. 3, eff. Sept. 1, 1993.

Art. 60.08. REPORTING. (a) The Department of Public Safety and

the Texas Department of Criminal Justice shall, by rule, develop

reporting procedures that:

(1) ensure that the offender processing data is reported from the

time an offender is arrested until the time an offender is

released; and

(2) provide measures and policies designed to identify and

eliminate redundant reporting of information to the criminal

justice information system.

(b) The arresting agency shall prepare a uniform incident

fingerprint card and initiate the reporting process for each

offender charged with a felony or a misdemeanor not punishable by

fine only.

(c) The clerk of the court exercising jurisdiction over a case

shall report the disposition of the case to the Department of

Public Safety.

(d) Except as otherwise required by applicable state laws or

regulations, information or data required by this chapter to be

reported to the Texas Department of Criminal Justice or the

Department of Public Safety shall be reported promptly but not

later than the 30th day after the date on which the information

or data is received by the agency responsible for reporting it

except in the case of an arrest. An offender's arrest shall be

reported to the Department of Public Safety not later than the

seventh day after the date of the arrest.

(e) A court that orders the release of an offender under Section

6(a), Article 42.12, at a time when the offender is under a bench

warrant and not physically imprisoned in the Texas Department of

Criminal Justice shall report the release to the department not

later than the seventh day after the date of the release.

Added by Acts 1989, 71st Leg., ch. 785, Sec. 6.01, eff. Sept. 1,

1989. Amended by Acts 1990, 71st Leg., 6th C.S., ch. 25, Sec. 28,

eff. June 18, 1990; Subsec. (a) amended by Acts 1995, 74th Leg.,

ch. 750, Sec. 2, eff. Aug. 28, 1995.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

87, Sec. 25.045, eff. September 1, 2009.

Art. 60.09. LOCAL DATA ADVISORY BOARDS. (a) The commissioners

court of each county may create local data advisory boards to,

among other duties:

(1) analyze the structure of local automated and manual data

systems to identify redundant data entry and data storage;

(2) develop recommendations for the commissioners to improve the

local data systems;

(3) develop recommendations, when appropriate, for the effective

electronic transfer of required data from local agencies to state

agencies; and

(4) perform any related duties to be determined by the

commissioners court.

(b) Local officials responsible for collecting, storing,

reporting, and using data may be appointed to the local data

advisory board.

(c) The council and the Department of Public Safety shall, to the

extent that resources allow, provide technical assistance and

advice on the request of the local data advisory board.

Added by Acts 1989, 71st Leg., ch. 785, Sec. 6.01, eff. Sept. 1,

1989. Amended by Acts 1990, 71st Leg., 6th C.S., ch. 25, Sec. 28,

eff. June 18, 1990.

For expiration of this article, see Subsection (g).

Art. 60.10. DATA REPORTING IMPROVEMENT PLAN. (a) In this

article, "disposition completeness percentage" has the meaning

assigned by Article 60.21(c).

(b) This article applies only to a county that has an average

disposition completeness percentage, including both juvenile and

adult dispositions, of less than 90 percent, as reflected in the

first report 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 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 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 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, 2010, a local data advisory board

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.

(f) The public safety director of the Department of Public

Safety may adopt rules concerning the contents and form of a data

reporting improvement plan prepared under this article.

(g) This article expires September 1, 2013.

Added by Acts 2009, 81st Leg., R.S., Ch.

1146, Sec. 21.001, eff. September 1, 2009.

Art. 60.12. FINGERPRINT AND ARREST INFORMATION IN COMPUTERIZED

SYSTEM. (a) The Department of Public Safety shall, when a

jurisdiction transmits fingerprints and arrest information by a

remote terminal accessing the statewide automated fingerprint

identification system, use that transmission either to create a

permanent record in the criminal justice information system or to

create a temporary arrest record in the criminal justice

information system to be maintained by the department until the

department receives and processes the physical copy of the arrest

information.

(b) The Department of Public Safety shall make available to a

criminal justice agency making a background criminal inquiry any

information contained in a temporary arrest record maintained by

the department, including a statement that a physical copy of the

arrest information was not available at the time the information

was entered in the system.

Added by Acts 1991, 72nd Leg., 2nd C.S., ch. 10, Sec. 7.05, eff.

Dec. 1, 1991. Subsec. (a) amended by Acts 1993, 73rd Leg., ch.

790, Sec. 40, eff. Sept. 1, 1993; amended by Acts 1993, 73rd

Leg., ch. 1025, Sec. 4, eff. Sept. 1, 1993.

Art. 60.14. ALLOCATION OF GRANT PROGRAM MONEY FOR CRIMINAL

JUSTICE PROGRAMS. An agency of the state, before allocating

money to a county from any federal or state grant program for the

enhancement of criminal justice programs, shall certify that the

county has taken or will take, using all or part of the allocated

funds, all action necessary to provide the Texas Department of

Criminal Justice and the Department of Public Safety any criminal

history records maintained by the county in the manner specified

for purposes of those departments.

Added by Acts 1991, 72nd Leg., 2nd C.S., ch. 10, Sec. 7.05, eff.

Dec. 1, 1991.

Art. 60.18. INFORMATION ON SUBSEQUENT ARREST OF CERTAIN

INDIVIDUALS. The Texas Department of Criminal Justice and the

Department of Public Safety shall develop the capability to send

by electronic means information about the subsequent arrest of a

person under supervision to, as applicable:

(1) the community supervision and corrections department serving

the court of original jurisdiction; or

(2) the district parole office supervising the person.

Added by Acts 1993, 73rd Leg., ch. 790, Sec. 41, eff. Sept. 1,

1993; Acts 1993, 73rd Leg., ch. 1025, Sec. 5, eff. Sept. 1, 1993.

Amended by:

Acts 2005, 79th Leg., Ch.

1218, Sec. 2, eff. September 1, 2005.

Art. 60.19. INFORMATION RELATED TO MISUSED IDENTITY. (a) On

receipt of information from a local law enforcement agency under

Article 2.28, the department shall:

(1) provide the notice described by Subdivision (1) of that

article to the person whose identity was misused, if the local

law enforcement agency was unable to notify the person under that

subdivision;

(2) take action to ensure that the information maintained in the

computerized criminal history system reflects the use of the

person's identity as a stolen alias; and

(3) notify the Texas Department of Criminal Justice that the

person's identifying information may have been falsely used by an

inmate in the custody of the department.

(b) On receipt of a declaration under Section 411.0421,

Government Code, or on receipt of information similar to that

contained in a declaration, the department shall separate

information maintained in the computerized criminal history

system regarding an individual whose identity has been misused

from information maintained in that system regarding the person

who misused the identity.

Added by Acts 1999, 76th Leg., ch. 1334, Sec. 2, eff. Sept. 1,

1999.

Amended by Acts 2003, 78th Leg., ch. 339, Sec. 5, eff. Sept. 1,

2003.

Art. 60.20. INFORMATION RELATED TO NON-FINGERPRINT SUPPORTED

ACTIONS. On receipt of a report of prosecution or court

disposition information from a jurisdiction for which

corresponding arrest data does not exist in the computerized

criminal history system, the Department of Public Safety shall

enter the report into a non-fingerprint supported file that is

separate from the computerized criminal history system. The

department shall grant access to records in the non-fingerprint

supported file that include the subject's name or other

identifier in the same manner as the department is required to

grant access to criminal history record information under

Subchapter F, Chapter 411, Government Code. On receipt of a

report of arrest information that corresponds to a record in the

non-fingerprint supported file, the department shall transfer the

record from the non-fingerprint supported file to the

computerized criminal history system.

Added by Acts 2001, 77th Leg., ch. 474, Sec. 2, eff. Sept. 1,

2001.

Art. 60.21. MONITORING TRACKING; INFORMATION SUBMISSION. (a)

The Department of Information Resources shall monitor the

development of the corrections tracking system by the Texas

Department of Criminal Justice to ensure implementation of the

system not later than June 1, 2005.

(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 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.

(c) The report described by Subsection (b)(2) must contain a

disposition completeness percentage for each county in this

state. For purposes of this subsection, "disposition

completeness percentage" means the percentage of arrest charges a

county reports to the Department of Public Safety to be entered

in the computerized criminal history system under this chapter

that were brought against a person in the county for which a

disposition has been subsequently reported and entered into the

computerized criminal history system.

Added by Acts 2001, 77th Leg., ch. 474, Sec. 2, eff. Sept. 1,

2001.

Amended by:

Acts 2005, 79th Leg., Ch.

1218, Sec. 3, eff. September 1, 2005.

Acts 2009, 81st Leg., R.S., Ch.

1146, Sec. 21.002, eff. September 1, 2009.