Texas 2013 - 83rd Regular

Texas Senate Bill SB262 Compare Versions

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1	1	By: Huffman S.B. No. 262
2	2	(In the Senate - Filed January 25, 2013; January 29, 2013,
3	3	read first time and referred to Committee on Criminal Justice;
4	4	March 20, 2013, reported favorably by the following vote: Yeas 4,
5	5	Nays 1; March 20, 2013, sent to printer.)
6	6
7	7
8	8	A BILL TO BE ENTITLED
9	9	AN ACT
10	10	relating to the reporting of criminal disposition completeness
11	11	percentage data.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Article 60.10, Code of Criminal Procedure, is
14	14	amended by amending Subsections (b), (c), (d), and (e) and adding
15	15	Subsection (e-1) to read as follows:
16	16	(b) This article applies only to a county that has an
17	17	average disposition completeness percentage, including
18	18	individualized determinations for both juvenile and adult
19	19	dispositions, of less than 90 percent, as reflected in the most
20	20	recent [first] report submitted by the Department of Public Safety
21	21	[submits] under Article 60.21(b)(2) [on or after January 1, 2009].
22	22	(c) The commissioners court of a county described by
23	23	Subsection (b) shall establish a local data advisory board as
24	24	described by Article 60.09 not later than the 120th day after the
25	25	date this article becomes applicable to the county based on the
26	26	report under Article 60.21(b)(2) [not later than November 1,
27	27	2009]. A local data advisory board established under this article
28	28	may include any person described by Article 60.09(b) and must
29	29	include:
30	30	(1) the sheriff of the county, or the sheriff's
31	31	designee;
32	32	(2) an attorney who represents the state in the
33	33	district courts of the county;
34	34	(3) an attorney who represents the state in the county
35	35	courts of the county;
36	36	(4) the clerk for the district courts of the county, or
37	37	the clerk's designee;
38	38	(5) the clerk for the county courts of the county, or
39	39	the clerk's designee;
40	40	(6) the police chief of the municipality with the
41	41	greatest population located in the county, or the chief's designee;
42	42	(7) a representative of the county's automated data
43	43	processing services, if the county performs those services; and
44	44	(8) a representative of an entity with whom the county
45	45	contracts for automated data processing services, if the county
46	46	contracts for those services.
47	47	(d) In addition to the duties described by Article 60.09(a),
48	48	a local data advisory board for a county that is subject to the
49	49	requirements of [established under] this article must prepare a
50	50	data reporting improvement plan. The data reporting improvement
51	51	plan must:
52	52	(1) describe the manner in which the county intends to
53	53	improve the county's disposition completeness percentage;
54	54	(2) ensure that the county takes the steps necessary
55	55	for the county's average disposition completeness percentage to be
56	56	equal to or greater than 90 percent not later than the first
57	57	anniversary of the date this article becomes applicable to that
58	58	county based on the [in the first] report [the Department of Public
59	59	Safety submits] under Article 60.21(b)(2) [on or after January 1,
60	60	2013]; and
61	61	(3) include a comprehensive strategy by which the
62	62	county will permanently maintain the county's disposition
63	63	completeness percentage at or above 90 percent.
64	64	(e) Not later than June 1 of each year[, 2010], a local data
65	65	advisory board for a county that is subject to the requirements of
66	66	[established under] this article shall submit to the Department of
67	67	Public Safety the data reporting improvement plan prepared for the
68	68	county. On receipt of a data reporting improvement plan under this
69	69	article, the department shall post the plan on the Internet website
70	70	maintained by the department.
71	71	(e-1) A county is released from its duties under this
72	72	article on the date the Department of Public Safety submits a report
73	73	under Article 60.21(b)(2) stating that the county has attained an
74	74	average disposition completeness percentage that is equal to or
75	75	greater than 90 percent. However, the county again becomes subject
76	76	to the requirements of this article if its average disposition
77	77	completeness percentage declines to a level that is less than 90
78	78	percent as reflected in the department's report.
79	79	SECTION 2. Article 60.14, Code of Criminal Procedure, is
80	80	amended to read as follows:
81	81	Art. 60.14. AWARD [ALLOCATION] OF GRANT PROGRAM MONEY FOR
82	82	CRIMINAL JUSTICE PROGRAMS. (a) An agency of the state, before
83	83	making a grant award [allocating money] to a county from any federal
84	84	or state criminal justice grant program [for the enhancement of
85	85	criminal justice programs], shall require that county to certify,
86	86	before the distribution of any money from the program, that the
87	87	county's average disposition completeness percentage, including
88	88	individualized determinations for both juvenile and adult
89	89	dispositions, is equal to or greater than 90 percent as determined
90	90	by the Department of Public Safety.
91	91	(b) In this article, "disposition completeness percentage"
92	92	has the meaning assigned by Article 60.21(c) [county has taken or
93	93	will take, using all or part of the allocated funds, all action
94	94	necessary to provide the Texas Department of Criminal Justice and
95	95	the Department of Public Safety any criminal history records
96	96	maintained by the county in the manner specified for purposes of
97	97	those departments].
98	98	SECTION 3. Subsection (b), Article 60.21, Code of Criminal
99	99	Procedure, is amended to read as follows:
100	100	(b) The Department of Public Safety shall:
101	101	(1) monitor the submission of arrest and disposition
102	102	information by local jurisdictions;
103	103	(2) annually submit to the Legislative Budget Board,
104	104	the governor, the lieutenant governor, the speaker of the house of
105	105	representatives, the state auditor, and the standing committees in
106	106	the senate and house of representatives that have primary
107	107	jurisdiction over criminal justice and the Department of Public
108	108	Safety a report regarding the level of reporting by local
109	109	jurisdictions;
110	110	(3) identify local jurisdictions that do not report
111	111	arrest or disposition information or that partially report
112	112	information; and
113	113	(4) for use in determining the status of outstanding
114	114	dispositions, publish monthly on the Department of Public Safety's
115	115	Internet website or on another electronic publication a report
116	116	listing each arrest by local jurisdiction for which there is no
117	117	corresponding final court disposition.
118	118	SECTION 4. Subsection (g), Article 60.10, Code of Criminal
119	119	Procedure, is repealed.
120	120	SECTION 5. This Act takes effect immediately if it receives
121	121	a vote of two-thirds of all the members elected to each house, as
122	122	provided by Section 39, Article III, Texas Constitution. If this
123	123	Act does not receive the vote necessary for immediate effect, this
124	124	Act takes effect September 1, 2013.
125	125	* * * * *