| 1 | 1 | | 88R23668 MCF-F |
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| 2 | 2 | | By: Guillen H.B. No. 4382 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the timely reporting of criminal case dispositions to |
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| 8 | 8 | | the Department of Public Safety and to the allocation of certain |
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| 9 | 9 | | grant money. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Article 66.252, Code of Criminal Procedure, is |
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| 12 | 12 | | amended by amending Subsection (d) and adding Subsection (e-1) to |
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| 13 | 13 | | read as follows: |
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| 14 | 14 | | (d) Except as provided by Subsections [Subsection] (e) and |
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| 15 | 15 | | (e-1) or as otherwise required by applicable state law or rule, |
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| 16 | 16 | | information or data required by this chapter to be reported to the |
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| 17 | 17 | | Department of Public Safety or the Texas Department of Criminal |
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| 18 | 18 | | Justice shall be reported promptly but not later than the 30th day |
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| 19 | 19 | | after the date on which the information or data is received by the |
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| 20 | 20 | | agency responsible for reporting it. |
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| 21 | 21 | | (e-1) A clerk of court shall report to the Department of |
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| 22 | 22 | | Public Safety the dispositions of criminal cases in the court, |
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| 23 | 23 | | including the disposition of an appeal of a criminal case made to |
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| 24 | 24 | | the court, not later than the 14th business day after the date each |
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| 25 | 25 | | disposition becomes final. Each month, the department shall |
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| 26 | 26 | | aggregate on a county-wide basis information relating to the |
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| 27 | 27 | | timeliness of the dispositions reported for that month by the |
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| 28 | 28 | | clerks of court in each county under this subsection and shall |
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| 29 | 29 | | determine the corresponding percentage of case dispositions that |
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| 30 | 30 | | were timely reported for that county for that period. |
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| 31 | 31 | | SECTION 2. Article 66.402, Code of Criminal Procedure, is |
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| 32 | 32 | | amended to read as follows: |
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| 33 | 33 | | Art. 66.402. CERTIFICATION REQUIRED FOR ALLOCATION OF |
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| 34 | 34 | | CERTAIN GRANT MONEY. (a) Before allocating money to a county from |
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| 35 | 35 | | any federal or state grant program for the enhancement of criminal |
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| 36 | 36 | | justice programs, an agency of the state must certify that, using |
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| 37 | 37 | | all or part of the allocated money, the county has taken or will |
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| 38 | 38 | | take all action necessary to provide the Department of Public |
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| 39 | 39 | | Safety and the Texas Department of Criminal Justice any criminal |
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| 40 | 40 | | history records maintained by the county in the manner specified |
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| 41 | 41 | | for purposes of those departments. |
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| 42 | 42 | | (b) Before allocating grant money to a county under Chapter |
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| 43 | 43 | | 772, Government Code, the criminal justice division of the |
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| 44 | 44 | | governor's office must certify that, in at least 30 of the 36 months |
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| 45 | 45 | | preceding the date of the grant application, the county |
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| 46 | 46 | | consistently reported to the Department of Public Safety not less |
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| 47 | 47 | | than 90 percent of the dispositions of criminal cases in the county |
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| 48 | 48 | | not later than the 14th business day after the date the disposition |
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| 49 | 49 | | becomes final, as determined from reports submitted to the |
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| 50 | 50 | | department by clerks of the court in that county under Article |
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| 51 | 51 | | 66.252(e-1). On request of the division, the department shall |
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| 52 | 52 | | provide to the division the applicable information aggregated for a |
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| 53 | 53 | | county under that subsection. |
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| 54 | 54 | | SECTION 3. This Act takes effect September 1, 2023. |
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