HBA-CMT, AMW C.S.H.B. 776 77(R)BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 776
By: Haggerty
Corrections
4/16/2001
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Criminal history records are an important public safety tool used both by
the criminal justice system and by those monitoring employment at schools,
day care centers, and nursing homes.  Accurate and complete criminal
history records are crucial to effective criminal justice.  In addition,
such records are increasingly used to screen individuals prior to public or
private employment in sensitive positions or for the purchase of firearms.
The 71st Legislature required the Texas Department of Criminal Justice
(TDCJ) and the Department of Public Safety (DPS) to create the Texas
Criminal Justice Information System (CJIS). C.S.H.B. 776 modifies
provisions relating to the implementation and operation of CJIS and the
submission of information to CJIS and the dissemination and use of that
information.   

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

ANALYSIS

C.S.H.B. 776 amends the Code of Criminal Procedure to require that no later
than the first anniversary after the date an examining entity submits its
criminal history data report, the Department of Public Safety (DPS) is to
report to the Legislative Budget Board (board), the governor, the state
auditor, and the Criminal Justice Policy Council (council) on DPS's
progress in implementing the examining entity's recommendations, including
for each recommendation not implemented the reason for not implementing the
recommendation.   

The bill requires DPS to enter reports of prosecution or court disposition
information from a jurisdiction for which corresponding arrest data does
not exist in the computerized criminal history system (system) into a
non-fingerprint supported file that is separate from the system on receipt
of a report from the jurisdiction. The department is required to grant
access to records in the non-fingerprint supported file that include the
subject's name or other identifier in the same manner as DPS is required to
grant access to criminal history record information.  The bill provides
that on receipt of a report of arrest information that corresponds to a
record in the non-fingerprint supported file, DPS is required to transfer
the record from the nonfingerprint supported file to the computerized
criminal history system.   

The bill requires the Department of Information Resources (DIR) to monitor
the development of the corrections tracking system by the Texas Department
of Criminal Justice (TDCJ) to ensure implementation of the system no later
than June 1, 2005.   

The bill requires DPS to develop a plan no later than January 1, 2003 to
encourage local criminal justice agencies to report criminal history data
to DPS for inclusion in the system and evaluate the necessity of imposing
sanctions on local criminal justice agencies that do not report criminal
history data.  The bill requires DPS to monitor the submission of arrest
and disposition information by local jurisdictions,  annually submit a
report regarding the level of reporting by local jurisdictions to the
board, the governor, the state auditor, and the council and identify local
jurisdictions that do not report arrest or disposition information  or that
partially report information.     

The bill amends the Government Code to require DPS to grant access to
criminal history record information to a county or district clerk's office
and the Office of Court Administration of the Texas Judicial System.  The
bill sets forth provisions relating to the dissemination of criminal
history record information by DPS to a county or district clerk and the use
of that information by a county or district clerk. The bill authorizes the
office of court administration to disclose criminal history record
information obtained from DPS in a statistic compiled by the office or a
report prepared by the office, but only in a manner that does not identify
the person who is the subject of the information.   

The bill requires DPS to transfer no later than October 1, 2001 all records
of prosecution or court disposition information for which corresponding
arrest data does not exist in the system to a non-fingerprint supported
file.      

EFFECTIVE DATE

On passage, or if the Act does not receive the necessary vote, the Act
takes effect September 1, 2001. 

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 776 modifies the original bill by removing the change from at
least once in each two-year rather than five-year period for when the
Criminal Justice Policy Council (council) is required to coordinate an
examination of the records and operations of the criminal justice
information system (CJIS).  The substitute adds the requirement that no
later than the first anniversary after the date an examining entity submits
its criminal history data report, the Department of Public Safety (DPS) is
to report to the Legislative Budget Board (board), the governor, the state
auditor, and the Criminal Justice Policy Council (council) on DPS's
progress in implementing the examining entity's recommendations.  The
substitute adds provisions regarding the entry of a report of prosecution
or court disposition information for which corresponding arrest data does
not exist in the computerized criminal history system (system) into a
non-fingerprint supported file. The substitute adds to the Code of Criminal
Procedure rather than the Government Code the requirement that the
Department of Information Resources (DIR) rather than the Criminal Justice
Policy Council monitor the development of the corrections tracking system
by the Texas Department of Criminal Justice (TDCJ) to ensure implementation
of the system not later than June 1, 2005.  The substitute requires DPS
rather than the council to develop a plan to encourage local criminal
justice agencies to report criminal history data to DPS, and evaluate the
necessity of imposing sanctions on local criminal justice agencies that do
not report criminal history data.  The substitute adds the requirement that
DPS monitor the submission of arrest and disposition information,  annually
submit a report regarding the level of reporting by local jurisdictions,
and identify local jurisdictions that do not report arrest or disposition
information.  The substitute removes provisions prohibiting a plan
developed by the council from overburdening local criminal justice
agencies, and the requirement that the council develop a plan to ensure
that any Internet portal system selected by the Judicial Committee on
Information Technology used by the court to submit disposition information
to DPS does not interfere with the court's ability to submit accurate
information.  The substitute amends the Government Code to require DPS to
grant access to criminal history record information to a county or district
clerk's office and the Office of Court Administration of the Texas Judicial
System.  The substitute adds provisions relating to the dissemination of
criminal history record information to a county or district clerk and the
use of that information by a county or district clerk.  The substitute adds
the requirement that DPS transfer all records of prosecution or court
disposition information from the system for which corresponding arrest data
does not exist in the system to a non-fingerprint supported file no later
than October 1, 2001.