Texas 2009 - 81st Regular

Texas Senate Bill SB1061 Compare Versions

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1	1	81R8853 KCR-D
2	2	By: Shapiro S.B. No. 1061
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to improving the accuracy of reporting concerning certain
8	8	criminal history.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Chapter 60, Code of Criminal Procedure, is
11	11	amended by adding Article 60.10 to read as follows:
12	12	Art. 60.10. DATA REPORTING IMPROVEMENT PLAN. (a) In this
13	13	article, "disposition completeness percentage" has the meaning
14	14	assigned by Article 60.21(c).
15	15	(b) This article applies only to a county that has an
16	16	average disposition completeness percentage, including both
17	17	juvenile and adult dispositions, of less than 90 percent, as
18	18	reflected in the first report the Department of Public Safety
19	19	submits under Article 60.21(b)(2) on or after January 1, 2009.
20	20	(c) The commissioners court of a county described by
21	21	Subsection (b) shall establish a local data advisory board as
22	22	described by Article 60.09 not later than November 1, 2009. A local
23	23	data advisory board established under this article may include any
24	24	person described by Article 60.09(b) and must include:
25	25	(1) the sheriff of the county, or the sheriff's
26	26	designee;
27	27	(2) an attorney who represents the state in the
28	28	district courts of the county;
29	29	(3) an attorney who represents the state in the county
30	30	courts of the county;
31	31	(4) the clerk for the district courts of the county, or
32	32	the clerk's designee;
33	33	(5) the clerk for the county courts of the county, or
34	34	the clerk's designee;
35	35	(6) the police chief of the municipality with the
36	36	greatest population located in the county, or the chief's designee;
37	37	(7) a representative of the county's automated data
38	38	processing services, if the county performs those services; and
39	39	(8) a representative of an entity with whom the county
40	40	contracts for automated data processing services, if the county
41	41	contracts for those services.
42	42	(d) In addition to the duties described by Article 60.09(a),
43	43	a local data advisory board established under this article must
44	44	prepare a data reporting improvement plan. The data reporting
45	45	improvement plan must:
46	46	(1) describe the manner in which the county intends to
47	47	improve the county's disposition completeness percentage;
48	48	(2) ensure that the county takes the steps necessary
49	49	for the county's average disposition completeness percentage to be
50	50	equal to or greater than 90 percent in the first report the
51	51	Department of Public Safety submits under Article 60.21(b)(2) on or
52	52	after January 1, 2013; and
53	53	(3) include a comprehensive strategy by which the
54	54	county will permanently maintain the county's disposition
55	55	completeness percentage at or above 90 percent.
56	56	(e) Not later than June 1, 2010, a local data advisory board
57	57	established under this article shall submit to the Department of
58	58	Public Safety the data reporting improvement plan prepared for the
59	59	county. On receipt of a data reporting improvement plan under this
60	60	article, the department shall post the plan on the Internet website
61	61	maintained by the department.
62	62	(f) The public safety director of the Department of Public
63	63	Safety may adopt rules concerning the contents and form of a data
64	64	reporting improvement plan prepared under this article.
65	65	(g) This article expires September 1, 2013.
66	66	SECTION 2. Article 60.21, Code of Criminal Procedure, is
67	67	amended by amending Subsection (b) and adding Subsection (c) to
68	68	read as follows:
69	69	(b) The Department of Public Safety shall:
70	70	(1) monitor the submission of arrest and disposition
71	71	information by local jurisdictions;
72	72	(2) annually submit to the Legislative Budget Board,
73	73	the governor, the state auditor, and the standing committees in the
74	74	senate and house of representatives that have primary jurisdiction
75	75	over criminal justice and the Department of Public Safety [council]
76	76	a report regarding the level of reporting by local jurisdictions;
77	77	(3) identify local jurisdictions that do not report
78	78	arrest or disposition information or that partially report
79	79	information; and
80	80	(4) for use in determining the status of outstanding
81	81	dispositions, publish monthly on the Department of Public Safety's
82	82	Internet website or on another electronic publication a report
83	83	listing each arrest by local jurisdiction for which there is no
84	84	corresponding final court disposition.
85	85	(c) The report described by Subsection (b)(2) must contain a
86	86	disposition completeness percentage for each county in this state.
87	87	For purposes of this subsection, "disposition completeness
88	88	percentage" means the percentage of arrest charges a county reports
89	89	to the Department of Public Safety to be entered in the computerized
90	90	criminal history system under this chapter that were brought
91	91	against a person in the county for which a disposition has been
92	92	subsequently reported and entered into the computerized criminal
93	93	history system.
94	94	SECTION 3. This Act takes effect September 1, 2009.