reglab/statecodes huggingface dataset:
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 65 - Terrorist Offender Registration Program › Subchapter C. Expiration of Duty to Register; Offense › Article 65.101. Expiration of Duty to Register

The duty to register for a person ends when a judge in a court of competent jurisdiction determines that the person no longer represents a threat to public safety.
Added by Acts 2023, 88th Leg., R.S., Ch. 935 (S.B. 1518), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 65 - Terrorist Offender Registration Program › Subchapter C. Expiration of Duty to Register; Offense › Article 65.102. Failure to Comply With Registration Requirements

(a)  A person commits an offense if the person is required to register and intentionally or knowingly fails to comply with any requirement of this chapter.
(b)  Except as provided by Subsection (c), an offense under this article is a felony of the third degree.
(c)  An offense is a felony of the second degree if it is shown at the trial of a person:
(1)  for an offense or an attempt to commit an offense under this article that the person has previously been convicted under this article; and
(2)  for an offense or an attempt to commit an offense under this article that the person fraudulently used identifying information in violation of Section 32.51, Penal Code, during the commission or attempted commission of the offense.
Added by Acts 2023, 88th Leg., R.S., Ch. 935 (S.B. 1518), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 65 - Terrorist Offender Registration Program › Subchapter D. Removal of Registration Information › Article 65.151. Removing Registration Information When Duty to Register Expires

(a)  When a person is no longer required to register as a terrorist offender under this chapter, the department shall remove all information about the person from the terrorist offender registry.
(b)  The duty to remove information under Subsection (a) arises if the department has received notice from a judge in a court of competent jurisdiction that the judge has determined that the person no longer represents a threat to public safety.
(c)  When the department has removed information under Subsection (a), the department shall notify all local law enforcement authorities that have provided registration information to the department about the person of the removal.  A local law enforcement authority that receives notice from the department under this subsection shall remove all registration information about the person from its registry.
Added by Acts 2023, 88th Leg., R.S., Ch. 935 (S.B. 1518), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 66 - Criminal History Record System › Subchapter A. General Provisions › Article 66.001. Definitions

In this chapter:
(1)  "Administration of criminal justice" means the 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)  "Computerized criminal history system" means the database containing arrest, disposition, and other criminal history maintained by the Department of Public Safety.
(3)  "Corrections tracking system" means the database maintained by the Texas Department of Criminal Justice on all offenders under the department's supervision.
(4)  "Council" means the Criminal Justice Policy Council.
(5)  "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 the agency's annual budget to the administration of criminal justice.
(6)  "Criminal justice information system" means the computerized criminal history system and the corrections tracking system.
(7)  "Disposition" means an action that results in the termination, transfer to another jurisdiction, or indeterminate suspension of the prosecution of a criminal charge.
(8)  "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.
(9)  "Incident number" means the 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 the numeric code for each offense category.
(12)  "Release" means the termination of jurisdiction over an individual by the criminal justice system.
(13)  "State identification number" means the unique number assigned by the Department of Public Safety to each person whose name appears in the criminal justice information system.
Added by Acts 2017, 85th Leg., R.S., Ch. 1058 (H.B. 2931), Sec. 1.03, eff. January 1, 2019.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 66 - Criminal History Record System › Subchapter B. Criminal Justice Information System › Article 66.051. Purpose and Functions

The criminal justice information system shall be maintained to supply the state with a system:
(1)  that provides an accurate criminal history record depository to:
(A)  law enforcement officers; and
(B)  criminal justice agencies for operational decision making;
(2)  from which accurate criminal justice system modeling can be conducted; and
(3)  that improves:
(A)  the quality of data used to conduct impact analyses of proposed legislative changes in the criminal justice system; and
(B)  the ability of interested parties to analyze the functioning of the criminal justice system.
Added by Acts 2017, 85th Leg., R.S., Ch. 1058 (H.B. 2931), Sec. 1.03, eff. January 1, 2019.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 66 - Criminal History Record System › Subchapter B. Criminal Justice Information System › Article 66.052. Implementation and Operation of Criminal Justice Information System

(a) The Department of Public Safety shall designate 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.
(b)  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.
Added by Acts 2017, 85th Leg., R.S., Ch. 1058 (H.B. 2931), Sec. 1.03, eff. January 1, 2019.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 66 - Criminal History Record System › Subchapter B. Criminal Justice Information System › Article 66.053. Information Collected

For each arrest for a felony or misdemeanor other than a misdemeanor punishable by fine only, the criminal justice information system must include information relating to:
(1)  offenders;
(2)  arrests;
(3)  prosecutions;
(4)  the disposition of cases by courts;
(5)  sentencing; and
(6)  the handling of offenders received by a correctional agency, facility, or other institution.
Added by Acts 2017, 85th Leg., R.S., Ch. 1058 (H.B. 2931), Sec. 1.03, eff. January 1, 2019.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 66 - Criminal History Record System › Subchapter B. Criminal Justice Information System › Article 66.054. Fingerprint and Arrest Information in Criminal Justice Information System

(a)  When a jurisdiction transmits fingerprints and arrest information by a remote terminal accessing the statewide automated fingerprint identification system, the Department of Public Safety shall use that transmission to create:
(1)  a permanent record in the criminal justice information system; or
(2)  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 criminal justice information system.
Added by Acts 2017, 85th Leg., R.S., Ch. 1058 (H.B. 2931), Sec. 1.03, eff. January 1, 2019.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 66 - Criminal History Record System › Subchapter C. Computerized Criminal History System › Article 66.101. Computerized Criminal History System Database

(a)  The Department of Public Safety shall record data and maintain the computerized criminal history system that serves as the record creation point for criminal history information maintained by the state.
(b)  The computerized criminal history system must contain the information required by this chapter.
(c)  The Department of Public Safety shall operate the computerized criminal history system and develop the necessary interfaces in the system to accommodate inquiries from the statewide automated fingerprint identification system implemented by the department.
Added by Acts 2017, 85th Leg., R.S., Ch. 1058 (H.B. 2931), Sec. 1.03, eff. January 1, 2019.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 66 - Criminal History Record System › Subchapter C. Computerized Criminal History System › Article 66.103. Duties of Texas Department of Criminal Justice Regarding Criminal Justice Information 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.
Added by Acts 2017, 85th Leg., R.S., Ch. 1058 (H.B. 2931), Sec. 1.03, eff. January 1, 2019.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 66 - Criminal History Record System › Subchapter C. Computerized Criminal History System › Article 66.104. Duties of Licensing Agencies to Provide Information Regarding License Holders

(a)  The Texas Medical Board, the Texas Department of Licensing and Regulation, only with respect to a person licensed under Chapter 202, Occupations Code, the State Board of Dental Examiners, the Texas State Board of Pharmacy, the Texas Behavioral Health Executive Council, only with respect to a person licensed under Chapter 501, Occupations Code, 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 of each person licensed by the respective agency, including the person's name and date of birth and any other personal descriptive information required by the department.  Each agency shall update the information and submit the updated information quarterly to the department.
(b)  The Department of Public Safety shall:
(1)  perform at least quarterly a computer match of the licensing list against the convictions maintained in the computerized criminal history system; and
(2)  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, other than a defendant whose prosecution is deferred during a period of community supervision without an adjudication of guilt or a plea of guilty.
(c)  The Department of Public Safety may charge a 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 under Subsection (b).
(d)  The transmission of information by electronic means under Subsection (a) does not affect whether the information is subject to disclosure under Chapter 552, Government Code.
Added by Acts 2017, 85th Leg., R.S., Ch. 1058 (H.B. 2931), Sec. 1.03, eff. January 1, 2019.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 768 (H.B. 1501), Sec. 3.001, eff. September 1, 2019.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 66 - Criminal History Record System › Subchapter C. Computerized Criminal History System › Article 66.105. Information Related to Misused Identity

Text of subsection effective until January 01, 2025
(a)  On receipt of information from a local law enforcement agency under Article 2.28, the Department of Public Safety shall:
(1)  provide the notice described by Article 2.28(1) 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 Texas Department of Criminal Justice.
Text of subsection effective on January 01, 2025
(a)  On receipt of information from a local law enforcement agency under Article 2A.061, the Department of Public Safety shall:
(1)  provide the notice described by Article 2A.061(1) 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 Texas Department of Criminal Justice.
(b)  On receipt of a declaration under Section 411.0421, Government Code, or on receipt of information similar to that contained in a declaration filed under that section, the Department of Public Safety 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 2017, 85th Leg., R.S., Ch. 1058 (H.B. 2931), Sec. 1.03, eff. January 1, 2019.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 2.034, eff. January 1, 2025.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 66 - Criminal History Record System › Subchapter C. Computerized Criminal History System › Article 66.106. Information Related to Non-Fingerprint Supported Actions

(a)  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.
(b)  The Department of Public Safety shall grant access to records in a non-fingerprint supported file created under Subsection (a) 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.
(c)  On receipt of a report of arrest information that corresponds to a record in a non-fingerprint supported file created under Subsection (a), the Department of Public Safety shall transfer the record from the non-fingerprint supported file to the computerized criminal history system.
Added by Acts 2017, 85th Leg., R.S., Ch. 1058 (H.B. 2931), Sec. 1.03, eff. January 1, 2019.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 66 - Criminal History Record System › Subchapter D. Corrections Tracking System › Article 66.151. Corrections Tracking System Database

(a)  The Texas Department of Criminal Justice shall record data and establish and maintain the corrections tracking system.
(b)  The corrections tracking system must contain the information required by this chapter.
Added by Acts 2017, 85th Leg., R.S., Ch. 1058 (H.B. 2931), Sec. 1.03, eff. January 1, 2019.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 66 - Criminal History Record System › Subchapter E. Access to Information in Criminal Justice Information System › Article 66.201. Access to Databases by Criminal Justice Agencies and Other Entities

(a)  Criminal justice agencies, the Legislative Budget Board, and the council are entitled to access the databases of the Department of Public Safety, the Texas Juvenile Justice Department, and the Texas Department of Criminal Justice in accordance with applicable state or federal law or regulations.
(b)  The access granted by this article does not entitle a criminal justice agency, the Legislative Budget Board, or the council to add, delete, or alter data maintained by another agency.
Added by Acts 2017, 85th Leg., R.S., Ch. 1058 (H.B. 2931), Sec. 1.03, eff. January 1, 2019.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 66 - Criminal History Record System › Subchapter E. Access to Information in Criminal Justice Information System › Article 66.202. Request for Data File From Databases

(a)  The council or the Legislative Budget Board may submit to the Department of Public Safety, the Texas Juvenile Justice Department, and the Texas Department of Criminal Justice an annual request for a data file containing data elements from the departments' systems.
(b)  The Department of Public Safety, the Texas Juvenile Justice Department, and the Texas Department of Criminal Justice shall provide the council and the Legislative Budget Board with the data file for the period requested, in accordance with state and federal law and regulations.
(c)  If the council submits a data file request other than the annual data file request, the director of the agency maintaining the requested records must approve the request.
(d)  The Legislative Budget Board may submit a data file request other than the annual data file request without the approval of the director of the agency maintaining the requested records.
Added by Acts 2017, 85th Leg., R.S., Ch. 1058 (H.B. 2931), Sec. 1.03, eff. January 1, 2019.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 66 - Criminal History Record System › Subchapter E. Access to Information in Criminal Justice Information System › Article 66.203. Public Disclosure of Data Prohibited

A criminal justice agency, the council, and the Legislative Budget Board may not 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 2017, 85th Leg., R.S., Ch. 1058 (H.B. 2931), Sec. 1.03, eff. January 1, 2019.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 66 - Criminal History Record System › Subchapter F. Data Collection and Submission › Article 66.251. Uniform Incident Fingerprint Card

(a)  The Department of Public Safety, in consultation with the council, shall design, print, and distribute a uniform incident fingerprint card to each law enforcement agency in this state.
(b)  The uniform incident fingerprint card must be:
(1)  serially numbered with an incident number in such a manner that the individual incident of arrest may be readily ascertained; and
(2)  a multiple-part form that:
(A)  has space for information relating to each charge for which a person is arrested, the person's fingerprints, and other information relevant to the arrest;
(B)  can be transmitted with the offender through the criminal justice process; and
(C)  allows each law enforcement 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 the information on the uniform incident fingerprint card by electronic means from a law enforcement agency.  The information must be in a form that is compatible with the form required for data supplied to the criminal justice information system.
Added by Acts 2017, 85th Leg., R.S., Ch. 1058 (H.B. 2931), Sec. 1.03, eff. January 1, 2019.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 66 - Criminal History Record System › Subchapter F. Data Collection and Submission › Article 66.252. Reporting of Information by Local Entities

(a)  The Department of Public Safety and the Texas Department of Criminal Justice by rule shall 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 law enforcement agency shall prepare a uniform incident fingerprint card described by Article 66.251 and initiate the reporting process for each offender charged with:
(1)  a felony;
(2)  a misdemeanor for which a term of confinement may be imposed; or
(3)  a misdemeanor punishable by fine only that involves family violence, as defined by Section 71.004, Family Code.
(b-1)  At any time before final disposition of the case, the justice or judge of a court having jurisdiction of the case of a misdemeanor described by Subsection (b)(3) may order a law enforcement officer to use the uniform incident fingerprint card to take the fingerprints of an offender who is charged with the misdemeanor, but was not placed under custodial arrest at the time of the offense.
(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 provided by Subsection (e) or as otherwise required by applicable state law or rule, information or data required by this chapter to be reported to the Department of Public Safety or the Texas Department of Criminal Justice 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.
(e)  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.
(f)  A court that orders the release of an offender under Article 42A.202(b) 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.
(g)  On disposition of a case in which an offender is charged with a misdemeanor described by Subsection (b)(3), the clerk of the court exercising jurisdiction over the case shall report the applicable information regarding the person's citation or arrest and the disposition of the case to the Department of Public Safety using a uniform incident fingerprint card described by Article 66.251 or an electronic methodology approved by the Department of Public Safety.
Added by Acts 2017, 85th Leg., R.S., Ch. 1058 (H.B. 2931), Sec. 1.03, eff. January 1, 2019.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 770 (H.B. 1528), Sec. 5, eff. September 1, 2019.
Acts 2021, 87th Leg., R.S., Ch. 934 (H.B. 3774), Sec. 16.02, eff. September 1, 2021.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 66 - Criminal History Record System › Subchapter F. Data Collection and Submission › Article 66.253. Compatibility of Data

(a)  Data supplied to the criminal justice information system must:
(1)  be compatible with the system; and
(2)  contain both incident numbers and state identification numbers.
(b)  A discrete submission of information under this chapter must contain, in conjunction with the required information, the person's name and state identification number.
Added by Acts 2017, 85th Leg., R.S., Ch. 1058 (H.B. 2931), Sec. 1.03, eff. January 1, 2019.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 66 - Criminal History Record System › Subchapter F. Data Collection and Submission › Article 66.254. Electronic Reporting of Information

Whenever possible, information relating to dispositions and subsequent offender processing data shall be reported electronically.
Added by Acts 2017, 85th Leg., R.S., Ch. 1058 (H.B. 2931), Sec. 1.03, eff. January 1, 2019.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 66 - Criminal History Record System › Subchapter F. Data Collection and Submission › Article 66.255. Information on Subsequent Arrests

The Department of Public Safety and the Texas Department of Criminal Justice shall develop the capability to send by electronic means information about the subsequent arrest of a person under supervision to:
(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 2017, 85th Leg., R.S., Ch. 1058 (H.B. 2931), Sec. 1.03, eff. January 1, 2019.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 66 - Criminal History Record System › Subchapter G. Duties of Criminal Justice Agencies and Certain Court Clerks › Article 66.301. Duties of Criminal Justice Agencies

(a)  Each criminal justice agency shall:
(1)  compile and maintain records needed for reporting data required by the Department of Public Safety and the Texas Department of Criminal Justice;
(2)  transmit to the Department of Public Safety and the Texas Department of Criminal Justice, when and in the manner each department directs, all data required by the appropriate department;
(3)  give the Department of Public Safety and the Texas Department of Criminal Justice, or the departments' 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 each department may properly and efficiently perform the department's 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)  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 rules relating to the archiving of state agency information.
Added by Acts 2017, 85th Leg., R.S., Ch. 1058 (H.B. 2931), Sec. 1.03, eff. January 1, 2019.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 66 - Criminal History Record System › Subchapter G. Duties of Criminal Justice Agencies and Certain Court Clerks › Article 66.302. Public Disclosure Not Authorized

(a)  An individual's identifiable description or a notation of an individual's arrest, detention, indictment, information, or other formal criminal charge and of any disposition of the charge, including sentencing, correctional supervision, and release, that is collected and compiled by the Department of Public Safety or 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.
(b)  Subsection (a) 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 the documents described by this subsection.
Added by Acts 2017, 85th Leg., R.S., Ch. 1058 (H.B. 2931), Sec. 1.03, eff. January 1, 2019.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 66 - Criminal History Record System › Subchapter G. Duties of Criminal Justice Agencies and Certain Court Clerks › Article 66.303. Prohibited Acts

An agency official may not intentionally conceal or destroy any record with the intent to violate this subchapter.
Added by Acts 2017, 85th Leg., R.S., Ch. 1058 (H.B. 2931), Sec. 1.03, eff. January 1, 2019.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 66 - Criminal History Record System › Subchapter G. Duties of Criminal Justice Agencies and Certain Court Clerks › Article 66.304. Applicability to District Court and County Court Clerks

The duties imposed on a criminal justice agency under this subchapter are also imposed on district court and county court clerks.
Added by Acts 2017, 85th Leg., R.S., Ch. 1058 (H.B. 2931), Sec. 1.03, eff. January 1, 2019.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 66 - Criminal History Record System › Subchapter H. Oversight and Reporting › Article 66.351. Biennial Plans

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:
(1)  improve the reporting and accuracy of the criminal justice information system; and
(2)  develop and maintain monitoring systems capable of identifying missing information.
Added by Acts 2017, 85th Leg., R.S., Ch. 1058 (H.B. 2931), Sec. 1.03, eff. January 1, 2019.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 66 - Criminal History Record System › Subchapter H. Oversight and Reporting › Article 66.352. Examination of Records and Operations

(a)  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:
(1)  the accuracy and completeness of information in the system; and
(2)  the promptness of information reporting.
(b)  The state auditor or other appropriate entity selected by the council shall conduct the examination under Subsection (a) with the cooperation of the council, the Department of Public Safety, and the Texas Department of Criminal Justice.
(c)  The council, the Department of Public Safety, 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.
(d)  The examining entity under Subsection (b) shall submit to the legislature and the council a report that summarizes the findings of each examination and contains recommendations for improving the criminal justice information system.
(e)  Not later than the first anniversary of the date the examining entity under Subsection (b) submits a report under Subsection (d), the Department of Public Safety shall report to the Legislative Budget Board, the governor, and the council the department's progress in implementing the examining entity's recommendations, including the reason for not implementing any recommendation.
(f)  Each year following the submission of the report described by Subsection (e), the Department of Public Safety shall submit a similar report until each of the examining entity's recommendations is implemented.
(g)  Notwithstanding any other provision of this article, work performed under this article 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 2017, 85th Leg., R.S., Ch. 1058 (H.B. 2931), Sec. 1.03, eff. January 1, 2019.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 66 - Criminal History Record System › Subchapter H. Oversight and Reporting › Article 66.353. Monitoring and Reporting Duties of Department of Public Safety

(a)  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 with primary jurisdiction over criminal justice and the department 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's Internet website or in another electronic publication a report listing by local jurisdiction each arrest for which there is no corresponding final court disposition.
(b)  The report described by Subsection (a)(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 and for which a disposition has been subsequently reported and entered in the computerized criminal history system.
Added by Acts 2017, 85th Leg., R.S., Ch. 1058 (H.B. 2931), Sec. 1.03, eff. January 1, 2019.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 66 - Criminal History Record System › Subchapter H. Oversight and Reporting › Article 66.354. Local Data Advisory Boards

(a)  The commissioners court of each county may create a local data advisory board to:
(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 a 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 a local data advisory board.
Added by Acts 2017, 85th Leg., R.S., Ch. 1058 (H.B. 2931), Sec. 1.03, eff. January 1, 2019.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 66 - Criminal History Record System › Subchapter I. Grants › Article 66.401. Grants for Criminal Justice Programs

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.
Added by Acts 2017, 85th Leg., R.S., Ch. 1058 (H.B. 2931), Sec. 1.03, eff. January 1, 2019.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 66 - Criminal History Record System › Subchapter I. Grants › Article 66.402. Certification Required

Before allocating money to a county from any federal or state grant program for the enhancement of criminal justice programs, an agency of the state must certify that, using all or part of the allocated money, the county has taken or will take all action necessary to provide the Department of Public Safety and the Texas Department of Criminal Justice any criminal history records maintained by the county in the manner specified for purposes of those departments.
Added by Acts 2017, 85th Leg., R.S., Ch. 1058 (H.B. 2931), Sec. 1.03, eff. January 1, 2019.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 67 - Compilation of Information Pertaining to Combinations and Criminal Street Gangs › Subchapter A. General Provisions › Article 67.001. Definitions

In this chapter:
(1)  "Administration of criminal justice" has the meaning assigned by Article 66.001.
(2)  "Child" has the meaning assigned by Section 51.02, Family Code.
(3)  "Combination" has the meaning assigned by Section 71.01, Penal Code.
(4)  "Criminal activity" means conduct that is subject to prosecution.
(5)  "Criminal information" means facts, material, photographs, or data reasonably related to the investigation or prosecution of criminal activity.
(6)  "Criminal justice agency" means:
(A)  an entity defined as a criminal justice agency under Article 66.001; or
(B)  a municipal or county agency, or school district law enforcement agency, that is engaged in the administration of criminal justice under a statute or executive order.
(7)  "Criminal street gang" has the meaning assigned by Section 71.01, Penal Code.
(8)  "Department" means the Department of Public Safety of the State of Texas.
(8-a)  "Foreign terrorist organization" has the meaning assigned by Section 71.01, Penal Code.
(9)  "Intelligence database" means a collection or compilation of data organized for search and retrieval to evaluate, analyze, disseminate, or use intelligence information relating to a combination, criminal street gang, or foreign terrorist organization for the purpose of investigating or prosecuting a criminal offense.
(10)  "Juvenile justice agency" has the meaning assigned by Section 58.101, Family Code.
(11)  "Law enforcement agency" does not include the Texas Department of Criminal Justice, the Texas Juvenile Justice Department, or a local juvenile probation department.
Added by Acts 2017, 85th Leg., R.S., Ch. 1058 (H.B. 2931), Sec. 1.04, eff. January 1, 2019.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 462 (S.B. 1900), Sec. 9, eff. September 1, 2023.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 67 - Compilation of Information Pertaining to Combinations and Criminal Street Gangs › Subchapter B. Intelligence Databases › Article 67.051. Intelligence Databases Required

(a)  Subject to Subsection (b), a criminal justice agency or juvenile justice agency shall compile criminal information into an intelligence database for the purpose of investigating or prosecuting the criminal activities of combinations, criminal street gangs, or foreign terrorist organizations.
(b)  A law enforcement agency in a municipality with a population of 50,000 or more or in a county with a population of 100,000 or more shall compile and maintain in a local or regional intelligence database criminal information relating to a criminal street gang or a foreign terrorist organization as provided by Subsection (a).  The agency must compile and maintain the information in accordance with the criminal intelligence systems operating policies established under 28 C.F.R. Section 23.1 et seq. and the submission criteria established under Article 67.054(b).
(c)  Information described by this article may be compiled on paper, by computer, or in any other useful manner by a criminal justice agency, juvenile justice agency, or law enforcement agency.
(d)  A local law enforcement agency described by Subsection (b) shall send to the department information the agency compiles and maintains under this chapter.
Added by Acts 2017, 85th Leg., R.S., Ch. 1058 (H.B. 2931), Sec. 1.04, eff. January 1, 2019.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 462 (S.B. 1900), Sec. 10, eff. September 1, 2023.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 67 - Compilation of Information Pertaining to Combinations and Criminal Street Gangs › Subchapter B. Intelligence Databases › Article 67.052. Department Intelligence Database

(a)  The department shall establish an intelligence database and shall maintain information received from an agency under Article 67.051(d) in the database in accordance with the criminal intelligence systems operating policies established under 28 C.F.R. Section 23.1 et seq. and the submission criteria under Article 67.054(b).
(b)  The department shall designate a code to distinguish criminal information relating to a child and contained in the department's intelligence database from criminal information relating to an adult offender and contained in the database.
Added by Acts 2017, 85th Leg., R.S., Ch. 1058 (H.B. 2931), Sec. 1.04, eff. January 1, 2019.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 67 - Compilation of Information Pertaining to Combinations and Criminal Street Gangs › Subchapter B. Intelligence Databases › Article 67.053. Intelligence Database User Training; Rules

(a)  The department shall enter into a memorandum of understanding with the United States Department of Justice or other appropriate federal department or agency to provide any person in this state who enters information into or retrieves information from an intelligence database described by this chapter with training regarding the operating principles described by 28 C.F.R. Part 23, as those principles relate to an intelligence database established or maintained under this chapter.
(b)  A person in this state who enters information into or retrieves information from an intelligence database described by this chapter shall complete continuing education training on the material described by Subsection (a) at least once for each continuous two-year period the person has primary responsibility for performing a function described by this subsection.
(c)  The department shall adopt rules necessary to implement this article.
Added by Acts 2017, 85th Leg., R.S., Ch. 1058 (H.B. 2931), Sec. 1.04, eff. January 1, 2019.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 67 - Compilation of Information Pertaining to Combinations and Criminal Street Gangs › Subchapter C. Release and Use of Information › Article 67.101. Release and Use of Information

(a)  On request, a criminal justice agency may release information maintained under this chapter to:
(1)  another criminal justice agency;
(2)  a court; or
(3)  a defendant in a criminal proceeding who is entitled to the discovery of the information under Chapter 39.
(b)  A criminal justice agency or court may use information received under this article or Article 67.051(d) or 67.052 only for the administration of criminal justice.
(c)  A defendant may use information received under this article or Article 67.051(d) or 67.052 only for a defense in a criminal proceeding.
Added by Acts 2017, 85th Leg., R.S., Ch. 1058 (H.B. 2931), Sec. 1.04, eff. January 1, 2019.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 67 - Compilation of Information Pertaining to Combinations and Criminal Street Gangs › Subchapter C. Release and Use of Information › Article 67.102. Criminal Information Relating to Child

(a)  Notwithstanding Chapter 58, Family Code, criminal information relating to a child associated with a combination, criminal street gang, or foreign terrorist organization may be compiled and released under this chapter regardless of the age of the child.
(b)  A criminal justice agency or juvenile justice agency may release information maintained under this chapter to an attorney representing a child who is a party to a proceeding under Title 3, Family Code, if the juvenile court determines the information:
(1)  is material to the proceeding; and
(2)  is not privileged under law.
(c)  An attorney may use information received under this article only for a child's defense in a proceeding under Title 3, Family Code.
(d)  The governing body of a county or municipality served by a law enforcement agency described by Article 67.051(b) may adopt a policy to notify the parent or guardian of a child of the agency's observations relating to the child's association with a criminal street gang or foreign terrorist organization.
Added by Acts 2017, 85th Leg., R.S., Ch. 1058 (H.B. 2931), Sec. 1.04, eff. January 1, 2019.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 462 (S.B. 1900), Sec. 12, eff. September 1, 2023.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 67 - Compilation of Information Pertaining to Combinations and Criminal Street Gangs › Subchapter C. Release and Use of Information › Article 67.103. Unauthorized Release or Use of Criminal Information; Penalty

(a)  A person commits an offense if the person knowingly:
(1)  uses criminal information obtained under this chapter for an unauthorized purpose; or
(2)  releases the information to a person who is not entitled to the information.
(b)  An offense under this article is a Class A misdemeanor.
Added by Acts 2017, 85th Leg., R.S., Ch. 1058 (H.B. 2931), Sec. 1.04, eff. January 1, 2019.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 67 - Compilation of Information Pertaining to Combinations and Criminal Street Gangs › Subchapter D. Removal of Information › Article 67.151. Removal of Information Relating to Individual Other Than Child

(a)  This article does not apply to information collected under this chapter by the Texas Department of Criminal Justice or the Texas Juvenile Justice Department.
(b)  Subject to Subsection (c), information collected under this chapter relating to a criminal street gang must be removed after five years from an intelligence database established under Article 67.051 and the intelligence database maintained by the department under Article 67.052 if:
(1)  the information relates to the investigation or prosecution of criminal activity engaged in by an individual other than a child; and
(2)  the individual who is the subject of the information has not been arrested for criminal activity reported to the department under Chapter 66.
(c)  The five-year period described by Subsection (b) does not include any period during which the individual who is the subject of the information is:
(1)  confined in a correctional facility operated by or under contract with the Texas Department of Criminal Justice;
(2)  committed to a secure correctional facility, as defined by Section 51.02, Family Code, operated by or under contract with the Texas Juvenile Justice Department; or
(3)  confined in a county jail or confined in or committed to a facility operated by a juvenile board in lieu of being confined in a correctional facility described by Subdivision (1) or committed to a secure correctional facility described by Subdivision (2).
Added by Acts 2017, 85th Leg., R.S., Ch. 1058 (H.B. 2931), Sec. 1.04, eff. January 1, 2019.