reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 27 - CRIME RECORDS › Subchapter B - MISSING PERSON AUTOMATED FILE › Section 27.21 - Criteria for Entry

Current through Reg. 49, No. 28; July 12, 2024
(a) General. An
				  agency entering missing person information in the National Crime Information
				  Center (NCIC) and Texas Crime Information Center (TCIC) automated file must
				  have in its possession documentation from a source other than the investigating
				  police agency at the time of entry supporting the stated conditions under which
				  the person is declared missing for NCIC and TCIC purposes. This documentation
				  in the record will be reassurance that the rights to privacy of the individual
				  will not be violated.
(b) Criteria
				  for entry in NCIC and TCIC missing person automated file.
(1) Acceptable documentation for a person of
				  any age who is missing and who is under proven physical or mental disability or
				  is senile, thereby subjecting himself or others to personal and immediate
				  danger, is a written statement from a physician or other authoritative source
				  corroborating the missing person's physical or mental disability.
(2) Acceptable documentation for a person of
				  any age who is missing under circumstances indicating that the disappearance
				  was not voluntary is a written statement from parent, legal guardian, family
				  member, or other authoritative source advising that the missing person's
				  disappearance was not voluntary.
(3) Acceptable documentation for a person of
				  any age who is in the company of another person under circumstances indicating
				  that his physical safety is in danger is a written statement from parent, legal
				  guardian, family member, or other authoritative source advising that the
				  missing person is in the company of another person under circumstances
				  indicating that his physical safety is in danger.
(4) Acceptable documentation for a person who
				  is declared unemancipated as defined by the laws of his state of residence and
				  does not meet any of the entry criteria set forth above is a written statement
				  from parent or legal guardian confirming that the person is missing and
				  verifying the date of birth.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 27 - CRIME RECORDS › Subchapter D - MISSING PERSONS CLEARINGHOUSE › Section 27.41 - Publication of Missing Persons Clearinghouse Photographs

Current through Reg. 49, No. 28; July 12, 2024
Any individual or group (television stations, newspapers,
					 magazines, etc.) wishing to publicize photographs of missing persons supplied
					 by the Missing Persons Clearinghouse shall submit a request in writing
					 specifying how they wish to use them. If the publication is in written form, a
					 sample must be forwarded to the clearinghouse along with the request. If the
					 publication is in another form, a detailed format must be submitted to the
					 clearinghouse. The clearinghouse's toll free number and the direct line number
					 must be included in the publication. Upon publication, all photographs must be
					 returned to the clearinghouse along with a finished copy of all written
					 publications.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 27 - CRIME RECORDS › Subchapter D - MISSING PERSONS CLEARINGHOUSE › Section 27.42 - Criteria for Entry into the Missing Persons Online Bulletin

Current through Reg. 49, No. 28; July 12, 2024
The guidelines in this section must be met before
					 information on a missing or unidentified deceased/living person can be entered
					 into the Texas Department of Public Safety Missing Persons Online
					 Bulletin.
(1) Missing person
				  (information on a Texas missing person or a person missing from another state
				  but believed to be in Texas).
(A) The parent,
				  spouse, or guardian must contact a law enforcement agency and file a missing
				  person report. The missing person must be entered into the National Crime
				  Information Center (NCIC) files by the law enforcement agency.
(B) The prescribed form must be signed,
				  completed, and returned to the Missing Persons Clearinghouse (MPCH). (Forms can
				  be obtained from MPCH.)
(C) A
				  current, original photograph must be received by MPCH. (Note: do not write on
				  back of photo.)
(D) In cases of
				  parental abductions, a copy of the court-certified custody order stating that
				  the reporting parent has custody must be received by MPCH. (Note: if it is
				  requested that the noncustodial parent's photograph be included in the
				  bulletin, a copy of a court-certified active felony warrant, which is presently
				  in Texas Crime Information Center (TCIC)/National Crime Information Center
				  (NCIC), must be made available to MPCH prior to publication of the
				  photograph.)
(E) The parent,
				  spouse, guardian, or investigating officer must notify MPCH immediately of the
				  location or return of the missing person.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 27 - CRIME RECORDS › Subchapter D - MISSING PERSONS CLEARINGHOUSE › Section 27.43 - Compliance

Current through Reg. 49, No. 28; July 12, 2024
Any individual, group, agency, etc., that fails to comply
					 with the provisions of §27.41 and/or §
										27.42
					 of this title (relating to Publication of Missing Persons Clearinghouse
					 Photographs; Criteria for Entry into the Missing Persons Bulletin) may be
					 denied any further participation in the Missing Persons Clearinghouse programs.
					 Such denial shall continue until such time as the failure to comply with the
					 previously-stated provisions has been, in the opinion of the Missing Persons
					 Clearinghouse, satisfactorily corrected.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 27 - CRIME RECORDS › Subchapter E - JUVENILE JUSTICE INFORMATION SYSTEM › Section 27.51 - Juvenile Justice Information System

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				  Department of Public Safety is responsible for recording data and maintaining a
				  database for a computerized juvenile justice information system that serves:
(1) as the record creation point for the
				  juvenile justice information system maintained by the state; and
(2) as the control terminal for entry of
				  records, in accordance with federal law, rule and policy into the federal
				  records systems maintained by the Federal Bureau of Investigation.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 27 - CRIME RECORDS › Subchapter E - JUVENILE JUSTICE INFORMATION SYSTEM › Section 27.52 - Purpose of the Juvenile Justice Information System

Current through Reg. 49, No. 28; July 12, 2024
The purpose of the Juvenile Justice Information System is
					 to:
(1) provide agencies and personnel
				  within the juvenile justice system accurate information relating to children
				  who come into contact with the juvenile justice system of Texas;
(2) provide, where allowed by law, adult
				  criminal justice agencies accurate and easily accessible information relating
				  to children who come into contact with the juvenile justice system;
(3) provide an efficient conversion, where
				  appropriate, of juvenile records to adult criminal records;
(4) improve the quality of data used to
				  conduct impact analyses of proposed legislative changes in the juvenile justice
				  system; and
(5) improve the ability
				  of interested parties to analyze the functioning of the juvenile justice
				  system.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 27 - CRIME RECORDS › Subchapter E - JUVENILE JUSTICE INFORMATION SYSTEM › Section 27.53 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this section,
					 shall have the following meanings, unless the context clearly indicates
					 otherwise.
(1) Criminal Justice
				  Agency--Has the meaning assigned by Texas Government Code, §
										411.082.
(2) Department--Refers to the Department of
				  Public Safety of the State of Texas.
(3) Disposition--Refers to an action that
				  results in the termination, transfer of jurisdiction, or indeterminate
				  suspension of the prosecution of a juvenile offender.
(4) Incident Number--Refers to a unique
				  number assigned to a child during a specific custodial or detention period or
				  for a specific referral to the office or official designated by the juvenile
				  court, if the juvenile offender was not taken into custody before the
				  referral.
(5) Juvenile Justice
				  Agency--Refers to an agency that has custody or control over juvenile
				  offenders.
(6) Juvenile Justice
				  Information System--Is the information related to a child forwarded by a law
				  enforcement agency, including photographs and fingerprints, to the department
				  for inclusion in the database created in Texas Family Code, Title 3, Subchapter
				  B, §§58.101-58.113.
(7)
				  Juvenile Offender--Refers to a child who has been assigned an incident
				  number.
(8) Referral To Juvenile
				  Court--Refers to the referral of a child or a child's case to the office or
				  official, including an intake officer or probation officer, designated by the
				  juvenile court to process children within the juvenile justice
				  system.
(9) State Identification
				  Number--Refers to a unique number assigned by the department to a child in the
				  juvenile justice information system, or the adult criminal history
				  system.
(10) Uniform Incident
				  Fingerprint Card--Refers to a multiple-part form containing a unique incident
				  number with space for information relating to the conduct for which a child has
				  been taken into custody, detained or referred, the child's fingerprints, and
				  other relevant information.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 27 - CRIME RECORDS › Subchapter E - JUVENILE JUSTICE INFORMATION SYSTEM › Section 27.54 - Types of Information Collected in the Juvenile Justice Information System

Current through Reg. 49, No. 28; July 12, 2024
(a) Subject to the
				  records sealing provisions of Texas Family Code, §
										58.003, the juvenile
				  justice information system shall consist of information relating to delinquent
				  conduct committed by a juvenile offender that, if the conduct had been
				  committed by an adult, would constitute a criminal offense other than an
				  offense punishable by a fine only.
(b) Information in the system shall include
				  information relating to:
(1) the juvenile
				  offender;
(2) the intake or
				  referral of the juvenile offender into the juvenile justice system;
(3) the detention of the juvenile
				  offender;
(4) the prosecution of
				  the juvenile offender;
(5) the
				  disposition of the juvenile offender's case, including the name and description
				  of any program to which the juvenile offender is referred; and
(6) the probation or commitment of the
				  juvenile offender.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 27 - CRIME RECORDS › Subchapter E - JUVENILE JUSTICE INFORMATION SYSTEM › Section 27.56 - Duties of Reporting Agencies and Courts

Current through Reg. 49, No. 28; July 12, 2024
A juvenile justice agency and a clerk of the court
					 shall:
(1) compile and maintain
				  records needed for reporting data required by the department;
(2) transmit to the department in the manner
				  provided by the department, whether on uniform incident fingerprint cards
				  provided by the department or in electronic formats designated by the
				  department, data required by the department;
(3) give the department or its accredited
				  agents access to the agency or court for the purpose of inspection to determine
				  the completeness and accuracy of data reported; and
(4) cooperate with the department to enable
				  the department to perform its duties under the law.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 27 - CRIME RECORDS › Subchapter E - JUVENILE JUSTICE INFORMATION SYSTEM › Section 27.57 - Collection of Records of Children To Be Forwarded to the Juvenile Justice Information System

Current through Reg. 49, No. 28; July 12, 2024
(a) Law enforcement
				  officers and other juvenile justice personnel shall collect information
				  described by these sections and Texas Family Code §
										58.104,
				  as part of the juvenile justice information system.
(b) A law enforcement agency may forward
				  information, which includes fingerprints, relating to a child who has been
				  detained or taken into custody by the agency to the department for inclusion in
				  the juvenile justice information system, only if the child or the child's case
				  is referred to juvenile court, including referral to a juvenile probation
				  office or prosecutor, only if the child or the case is referred on or before
				  the 10th day after the date the child is detained or taken into
				  custody.
(c) If the child or case
				  is not referred to juvenile court within that time, the law enforcement agency
				  shall destroy all information, including photographs and fingerprints, relating
				  to the child unless the child is placed in a first offender program under Texas
				  Family Code §
										52.031 or
				  on informal disposition under Texas Family Code §
										52.03.
(d) The law enforcement agency may not
				  forward information to the department relating to the child while the child is
				  in a first offender program under Texas Family Code §
										52.031 or
				  on informal disposition under Texas Family Code §
										52.03.
				  On successful completion by the child of an informal disposition under Texas
				  Family Code §
										52.03,
				  the law enforcement agency shall destroy all information, including photographs
				  and fingerprints, relating to the child. Ninety days after successful
				  completion by the child of a first offender program under Texas Family Code
				  §
										52.031,
				  the law enforcement agency shall destroy all information, including photographs
				  and fingerprints, relating to the child. The information should be retained
				  during the 90-day period in order for it to be available for a referral of the
				  original offense to the juvenile court in the event the child re-offends during
				  the 90-day time period.
(e) If the
				  child fails to successfully complete the above described programs, or
				  re-offends within 90 days of successful completion of a first offender program
				  under Texas Family Code §
										52.031,
				  the law enforcement agency may forward the information, including fingerprints
				  to the department.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 27 - CRIME RECORDS › Subchapter E - JUVENILE JUSTICE INFORMATION SYSTEM › Section 27.59 - Compatibility of Data

Current through Reg. 49, No. 28; July 12, 2024
Data supplied to the juvenile justice information system
					 must be compatible with the system and must contain the incident numbers. The
					 state identification number must be reported when already assigned by the
					 department and known by the reporting agency.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 27 - CRIME RECORDS › Subchapter E - JUVENILE JUSTICE INFORMATION SYSTEM › Section 27.60 - Uniform Incident Fingerprint Card

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				  department will provide for the use of a uniform incident fingerprint card in
				  the maintenance of the juvenile justice information system.
(b) The incident cards will:
(1) be serially numbered with an incident
				  number in a manner that allows each incident of referral of a juvenile offender
				  who is the subject of the incident fingerprint card to be readily
				  ascertained;
(2) be multiple-part
				  forms that can be transmitted with the juvenile offender through the juvenile
				  justice process and that allow each agency to report required data to the
				  department.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 27 - CRIME RECORDS › Subchapter E - JUVENILE JUSTICE INFORMATION SYSTEM › Section 27.61 - Duties of the Juvenile Board

Current through Reg. 49, No. 28; July 12, 2024
Each juvenile board shall provide for:
(1) the compilation and maintenance of
				  records and information needed for reporting information to the
				  department;
(2) the transmittal to
				  the department, in the manner provided by the department, of all records and
				  information required by the department under the law; and
(3) access by the department to inspect
				  records and information to determine the completeness and accuracy of
				  information reported.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 27 - CRIME RECORDS › Subchapter E - JUVENILE JUSTICE INFORMATION SYSTEM › Section 27.62 - Local Data Advisory Boards

Current through Reg. 49, No. 28; July 12, 2024
The commissioners court of each county may create a local
					 data advisory board to perform the same duties relating to the juvenile justice
					 information system as the duties performed by a local data advisory board in
					 relation to the criminal history record system under Texas Code of Criminal
					 Procedure, Article 60.09.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 27 - CRIME RECORDS › Subchapter E - JUVENILE JUSTICE INFORMATION SYSTEM › Section 27.63 - Confidentiality

Current through Reg. 49, No. 28; July 12, 2024
Except as provided in paragraphs (1) - (6) of this section
					 information contained in the juvenile justice information system is
					 confidential information for the use of the department and may not be
					 disseminated by the department except:
(1) with the permission of the juvenile
				  offender, to military personnel of this state or the United States;
(2) to a person or entity to which the
				  department may grant access to adult criminal history records as provided by
				  Texas Government Code, §
										411.083;
(3) to a juvenile justice agency;
(4) to the Criminal Justice Policy Council
				  and the Texas Juvenile Justice Department for analytical purposes;
(5) to the juvenile or juvenile's authorized
				  representative as provided in the Texas Public Information Act; or
(6) to a county, justice, or municipal court
				  exercising jurisdiction over a juvenile, including a court exercising
				  jurisdiction over a juvenile under Texas Family Code, §
										54.021.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 27 - CRIME RECORDS › Subchapter E - JUVENILE JUSTICE INFORMATION SYSTEM › Section 27.64 - Records of Missing and Wanted Children

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  If a child has been reported missing by a parent, guardian, or conservator of
				  that child, information about the child may be forwarded to and disseminated by
				  the Texas Crime Information Center and the National Crime Information
				  Center.
(b) The department shall
				  maintain in a computerized database that is accessible by the same entities
				  that may access the juvenile justice information system information relating to
				  a warrant of arrest, as that term is defined by Texas Code of Criminal
				  Procedure, Article 15.01, or a directive to apprehend under Texas Family Code,
				  §
										52.015 for
				  any child, without regard to whether the child has been taken into
				  custody.
(c) The department shall
				  forward to the National Crime Information Center, those warrants reported to
				  the above mentioned database which qualify under Federal Bureau of
				  Investigation criteria.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 27 - CRIME RECORDS › Subchapter F - ACTIVE PROTECTIVE ORDERS › Section 27.71 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this chapter,
					 shall have the following meanings, unless the context clearly indicates
					 otherwise.
(1) Active Protective
				  Order--Refers to a protective order issued under Texas Family Code, Chapter 71,
				  that is in effect. The term does not include a temporary protective order
				  issued before the court holds a hearing on the matter, or an emergency
				  protective order not issued under Texas Family Code, Chapter 71.
(2) Department--Refers to the Texas
				  Department of Public Safety of the State of Texas.
(3) Hit Confirmation--Refers to an exchange
				  of communications between the agency that has entered a protective order in the
				  Protective Order File and a person or agency who has made a potential match of
				  that protective order record in order to verify that the protective order is
				  still active, that the person inquired upon is identical with the subject of
				  the record (both the respondent and the protected person, when appropriate),
				  and to exchange data regarding the conditions and facts of the protective
				  order. The term includes the rules and procedures established by the Federal
				  Bureau of Investigation for hit confirmation of records for missing or wanted
				  persons within the National Crime Information Center.
(4) Protected Person--Refers to the party in
				  an application for protective order proceeding who is the applicant or is a
				  member of the family or household for whose benefit the protective order may or
				  was issued.
(5) Protective Order
				  File--Refers to a computerized file of active protective orders including a
				  history of protective orders issued after December 31, 1995, and including
				  those which are no longer in effect and are established under Texas Government
				  Code, Article
				  411.042
				  and maintained by the department within the Texas Crime Information
				  Center.
(6) Respondent--Refers to
				  the party in an application for protective order proceeding who is alleged to
				  have committed family violence.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 27 - CRIME RECORDS › Subchapter F - ACTIVE PROTECTIVE ORDERS › Section 27.72 - Reporting of Information Related to the Protective Order File

Current through Reg. 49, No. 28; July 12, 2024
(a) The clerk of the court issuing an
				  original or modified protective order under Texas Family Code, Chapter 71,
				  including a dismissal of such order, shall send a copy of the order to the
				  department at the following address: CRS/TCIC Control Room-Protective Orders,
				  Texas Department of Public Safety, P.O. Box 4225, Austin, Texas
				  78765-4225.
(b) The clerk of the
				  court issuing an original or modified protective order under Texas Family Code,
				  Chapter 71, including a dismissal of such order, shall send a copy of the order
				  and related information to: the chief of police of the city where the member of
				  the family or household protected by the order resides, if the person resides
				  in a city with a police department, or to the sheriff of the county where the
				  person resides, if the person does not reside in a city with a police
				  department.
(c) Information related
				  to the protective order that is not contained in the protective order but is
				  required or optional for entry into the Protective Order File may be sent from
				  the court to the appropriate chief or sheriff on a form supplied by the
				  department or a form supplied by the clerk. Such information must be conveyed
				  to the chief or sheriff at the time of issuance.
(d) The protective order and related
				  information shall be sent in a manner which will allow the data to be entered
				  into the Protective Order File by the chief or sheriff immediately
				  thereafter.
(e) If the chief or
				  sheriff does not have a telecommunications terminal on the Texas Law
				  Enforcement telecommunications System within their agency, the chief or sheriff
				  shall enter into a written agreement with another law enforcement or criminal
				  justice agency that does have such terminal, for the entry and updating of
				  protective orders in the manner described under these sections.
(f) Nothing in these rules prohibits the
				  transmission of the protective order and related information from the clerk or
				  from an automated court system to the appropriate chief or sheriff in an
				  electronic or magnetic manner; however, the appropriate entry, modification,
				  and removal of the record from the Protective Order File, as well as the
				  related file maintenance functions required by the department, remain the
				  responsibility of the chief or sheriff.
(g) Nothing in these sections prevents
				  appropriate agencies from entering into written agreements that consolidate or
				  expedite the entry and updating of protective orders in the Protective Order
				  File, if those agreements are approved in advance by the department.
(h) The chief or sheriff who enters the order
				  shall retain a copy of the order in a manner accessible 24 hours a day for hit
				  confirmation purposes.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 27 - CRIME RECORDS › Subchapter F - ACTIVE PROTECTIVE ORDERS › Section 27.73 - Collection of Information Related to the Protective Order File

Current through Reg. 49, No. 28; July 12, 2024
(a) Although an active protective order may
				  be entered with the minimum mandatory data, the effectiveness of the record
				  entry in identifying the respondent or the protected person upon inquiry is
				  greatly enhanced by inclusion of as much data as possible in the
				  record.
(b) Law enforcement
				  agencies are encouraged to obtain information from relevant sources for
				  addition to a Protective Order File record, as long as it can be determined
				  with certainty that the additional data does relate to the named respondent,
				  protected person, or protective order.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 27 - CRIME RECORDS › Subchapter F - ACTIVE PROTECTIVE ORDERS › Section 27.74 - Data for Entry into the Protective Order File

Current through Reg. 49, No. 28; July 12, 2024
The local law enforcement agency should remit to the
					 department the following information as it relates to the:
(1) Respondent: the name, sex, race,
				  ethnicity, place of birth, date of birth, height, weight, skin tone, eye color,
				  hair color, scars, marks, tattoos, fingerprint classification, relationship to
				  protected person, Texas identification card number, state identification card
				  (if from another state), Federal Bureau of Investigation identification number,
				  miscellaneous number, as identified by the Federal Bureau of Investigation for
				  entry of persons into the National Crime Information Center, social security
				  number, operator's license number with operator's license state and operator's
				  license year of expiration, and license plate type, vehicle identification
				  number with vehicle year, vehicle make, vehicle model, vehicle style, and
				  vehicle color, and residence address and street, city, state, zip code, and
				  county. This data is collected in addition to other data as defined by the
				  department.
(2) Protected Person:
				  the name, sex, race, ethnicity, date of birth, residence address and street,
				  city, state, zip code, and county, place of employment name, address and
				  street, city, state, zip code; and protected child-care facility name, address
				  and street, city, state, zip code. This data is collected in addition to other
				  data as defined by the department.
(3) Protective Order: the ORI, or Federal
				  Bureau of Investigation issued identifier of the law enforcement agency that
				  maintains that protective order document for 24 hours a day access; case number
				  assigned, protective order number, court identifier, date issued, date of
				  expiration, and date of dismissal. This data is collected in addition to other
				  data as defined by the department.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 27 - CRIME RECORDS › Subchapter F - ACTIVE PROTECTIVE ORDERS › Section 27.75 - Minimum Data Required for Entry into the Protective Order File

Current through Reg. 49, No. 28; July 12, 2024
In order to qualify for entry into the Protective Order
					 File, a protective order and its accompanying information must include at a
					 minimum:
(1) Information regarding the
				  Respondent to include: the name, sex, race, height, weight, eye color, hair
				  color, county of residence, relationship to protected person, and at least one
				  of the following numeric identifiers, date of birth, Federal Bureau of
				  Investigation identification number, miscellaneous number, as identified by the
				  Federal Bureau of Investigation for entry of persons into the National Crime
				  Information Center, social security number, operator's license number with
				  operator's license state and operator's license year of expiration, license
				  plate number with license plate state, license plate year of expiration, and
				  license plate type; or vehicle identification number with vehicle year, vehicle
				  make, and vehicle style. Although the record can be entered with only one of
				  the above numeric identifiers, it is highly recommended that as many as
				  possible be captured and entered into the file, especially the date of
				  birth;
(2) Information regarding
				  the protected person to include: the name, sex, race, date of birth, county of
				  residence.
(3) Information
				  regarding the Protective Order to include: the ORI, or Federal Bureau of
				  Investigation issued identifier of the law enforcement agency that maintains
				  that protective order document for 24 hours a day access; case number assigned,
				  protective order number, court identifier, date issued, date of expiration, and
				  date of dismissal.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 27 - CRIME RECORDS › Subchapter F - ACTIVE PROTECTIVE ORDERS › Section 27.76 - Access to a National Protective Order File

Current through Reg. 49, No. 28; July 12, 2024
If the Federal Bureau of Investigation implements a
					 protective order file with the National Crime Information Center, entries,
					 modifications, deletions, and inquiries into the Texas Protective Order File
					 will be forwarded by the department for processing in the national file, to the
					 extent allowed by state and federal law, rule, and policy.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 27 - CRIME RECORDS › Subchapter H - COMPUTERIZED CRIMINAL HISTORY SYSTEM › Section 27.101 - Computerized Criminal History System

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				  Department of Public Safety (department) is responsible for recording data and
				  maintaining a database for a computerized criminal history record information
				  system that in connection with the Corrections Tracking System managed by the
				  Texas Department of Criminal Justice comprises the Criminal Justice Information
				  System.
(b) The Computerized
				  Criminal History System managed by the department serves:
(1) as the record creation point for the
				  criminal justice information system maintained by the state; and
(2) as the control terminal agency for entry
				  and indexing of criminal history information records, in accordance with
				  federal law, rule and policy into the federal records systems maintained by the
				  Federal Bureau of Investigation.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 27 - CRIME RECORDS › Subchapter H - COMPUTERIZED CRIMINAL HISTORY SYSTEM › Section 27.102 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this
					 subchapter, shall have the following meanings, unless the context clearly
					 indicates otherwise. Computerized criminal history system - refers to the data
					 base containing arrest, disposition, and other criminal history maintained by
					 the Department of Public Safety. In addition, as required by Code of Criminal
					 Procedure, Article 60.051(f), the information maintained by the department
					 under Code of Criminal Procedure, Article 62.08 is maintained within the
					 Computerized Criminal History System.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 27 - CRIME RECORDS › Subchapter H - COMPUTERIZED CRIMINAL HISTORY SYSTEM › Section 27.103 - Specific Information Collected in the Computerized Criminal History System

Current through Reg. 49, No. 28; July 12, 2024
(a) The department
				  shall assign codes for the reporting of data to the computerized criminal
				  history system. The department shall designate and distribute a list of uniform
				  offense codes to be used in reporting data to the criminal justice information
				  system.
(b) The department has the
				  sole responsibility for designating the state identification number for each
				  individual whose name appears in the criminal justice information system. The
				  department shall, upon receipt of fingerprint submissions of offender data,
				  assign a unique state identification number to each offender reported to the
				  computerized criminal history system.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 27 - CRIME RECORDS › Subchapter H - COMPUTERIZED CRIMINAL HISTORY SYSTEM › Section 27.104 - Collection of Records of Offenders to Be Forwarded to the Computerized Criminal History System

Current through Reg. 49, No. 28; July 12, 2024
(a) Law enforcement
				  officers and other justice personnel shall collect information described by
				  these rules, as part of the computerized criminal history system.
(b) The computerized criminal history system
				  shall contain the information required by these rules and by Chapter 60, Code
				  of Criminal Procedure, as amended.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 27 - CRIME RECORDS › Subchapter H - COMPUTERIZED CRIMINAL HISTORY SYSTEM › Section 27.105 - Reporting of Data to the Computerized Criminal History System

Current through Reg. 49, No. 28; July 12, 2024
(a) Criminal offender processing data as
				  described by these rules and Texas Code of Criminal Procedure, Article 60 shall
				  be reported by each agency responsible for the data from the time an offender
				  is initially taken into custody or arrested until the time an offender is
				  released from the jurisdiction of the criminal justice system.
(b) The arresting agency that initiates the
				  entry of an offender into the criminal justice process for a specific incident
				  shall prepare a fingerprint card, or an electronic submission of the same data,
				  in order to initiate the reporting process for each incident reportable to the
				  criminal justice information system.
(c) The prosecutor exercising jurisdiction
				  over an offender's case shall ensure that each disposition by the prosecutor
				  and the date of that disposition is reported to the computerized criminal
				  history system.
(d) The clerk of
				  the court exercising jurisdiction over an offender's case shall promptly report
				  to the department the disposition of the case, including information concerning
				  custody of an offender by a criminal justice agency or probation, the date of
				  disposition, and a description of any appellate proceeding.
(e) In each county, the reporting agencies
				  may make alternative arrangements for reporting the required information,
				  including combined reporting, or electronic reporting, if the alternative
				  reporting is approved by the department. If such an agreement is made, the
				  ultimate responsibility for reporting remains with the agency required by
				  statute to report the information.
(f) Except as otherwise required by
				  applicable state laws or regulations, information or data required to be
				  reported, by these rules or by Chapter 60, Code of Criminal Procedure, to the
				  computerized criminal history system shall be reported promptly to the
				  department, as follows:
(1) except as
				  provided in paragraph (2) of this subsection, the information shall be reported
				  not later than the 30th day after the date the information is received by the
				  agency responsible for reporting the information;
(2) an offender's arrest shall be reported to
				  the department not later than the seventh day after the date of the
				  arrest.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 27 - CRIME RECORDS › Subchapter H - COMPUTERIZED CRIMINAL HISTORY SYSTEM › Section 27.106 - Compatibility of Data

Current through Reg. 49, No. 28; July 12, 2024
Data supplied to the computerized criminal history system
					 shall be compatible with the criminal justice information system and shall
					 contain the incident number appropriate to the individual and incident being
					 reported. The state identification number shall be reported when already
					 assigned by the Department and known by the reporting agency.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 27 - CRIME RECORDS › Subchapter I - SECURE ELECTRONIC MAIL, ELECTRONIC TRANSMISSIONS AND FACSIMILE TRANSMISSIONS › Section 27.111 - Minimum Standards

Current through Reg. 49, No. 28; July 12, 2024
(a) The minimum
				  standards contained in this title apply to secure electronic mail, electronic
				  transmissions and facsimile transmissions arising under the provisions of Texas
				  Government Code, §
										411.081.
(b) The minimum standards for each method of
				  transmission are detailed in this subsection:
(1) Secure Electronic Mail--To secure
				  electronic mail and any attachments, the email and the attachments are required
				  to be encrypted using either the Advanced Encryption Standard (AES) or the
				  Triple Data Encryption Standard (3DES) encryption algorithms with a key length
				  of at least 128 bits.
(2)
				  Electronic Transmissions--To transmit a file electronically, the data are
				  required to be encrypted using either the Advanced Encryption Standard (AES) or
				  the Triple Data Encryption Standard (3DES) encryption algorithms with a key
				  length of at least 128 bits.
(3)
				  Facsimile Transmissions--To transmit the file by a facsimile machine, the
				  sender is required to first call the recipient and confirm the person is
				  standing at the facsimile machine or the facsimile machine is located in a
				  secure area, and will ensure that once received, the information will not be
				  exposed to unauthorized viewing or disclosure. After the sender confirms the
				  receiver is ready, the facsimile transmission may start.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 27 - CRIME RECORDS › Subchapter J - UNIFORM CRIME REPORTING › Section 27.121 - Sexual Assault Reporting

Current through Reg. 49, No. 28; July 12, 2024
(a) Section
				  411.042,
				  Texas Government Code, mandates that a law enforcement agency shall report
				  offenses under §
										22.011 and §
										22.021,
				  Penal Code, to the Texas Department of Public Safety. The Department shall
				  create a statistical breakdown of these offenses.
(b) Information collected by the local law
				  enforcement agency must include information indicating the specific offense
				  committed and information regarding:
(1) the
				  victim's age, sex, race, and ethnic origin;
(2) the offender's age, sex, race, and ethnic
				  origin;
(3) the offender's
				  relationship to the victim;
(4) the
				  number of victims and the number of offenders;
(5) any weapons used or exhibited in the
				  commission of the offense;
(6) any
				  injuries sustained by the victim;
(7) the location of the offense;
(8) the incident date and time;
(9) use of alcohol or drugs by the
				  offender.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 27 - CRIME RECORDS › Subchapter K - FEDERAL FIREARMS DISABILITIES › Section 27.141 - Entry by Clerk

Current through Reg. 49, No. 28; July 12, 2024
(a) Texas
				  Government Code, §
										411.0521,
				  mandates the clerk of the court to provide to the department information
				  relating to certain persons' access to firearms to be forwarded to the Federal
				  Bureau of Investigation (FBI) for use in the National Instant Criminal
				  Background Check System (NICS).
(b)
				  Information submitted by the clerk will be in an electronic format entered via
				  the department's Criminal Justice Information System (CJIS) website.
(c) The clerk of the court will enter the
				  following information into the CJIS website:
(1) the court originating agency identifier
				  (ORI);
(2) cause number;
(3) first name;
(4) middle name;
(5) last name;
(6) suffix;
(7) date of birth;
(8) sex;
(9) race;
(10) state identification number
				  (SID);
(11) driver license or
				  personal identification number; and
(12) social security number.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 27 - CRIME RECORDS › Subchapter K - FEDERAL FIREARMS DISABILITIES › Section 27.142 - Reversal or Correction of Order and Relief of Disabilities

Current through Reg. 49, No. 28; July 12, 2024
If information previously submitted by the court clerk is
					 reversed or corrected, or the person is granted relief from disabilities under
					 Texas Health and Safety Code, §
										574.088,
					 the clerk of the court will notify the department not later than the 30th day
					 after the action.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 27 - CRIME RECORDS › Subchapter K - FEDERAL FIREARMS DISABILITIES › Section 27.143 - Access by Subject

Current through Reg. 49, No. 28; July 12, 2024
(a) The department
				  will grant access to federal prohibited person information to the person who is
				  the subject of the information.
(b)
				  To obtain a copy of the information maintained by the department under Texas
				  Government Code, §
										411.0521,
				  the subject of the information must submit a signed, written request that the
				  department search the Firearms Disabilities File for information relating to
				  the person to: Crime Records Service, Attn: Firearms Disabilities File, Texas
				  Department of Public Safety, P.O. Box 4143, Austin, Texas 78765-4143. The
				  written request must include the printed name, phone number, and return mailing
				  address of the person designated to receive the results of the search. In
				  addition, the subject must provide the following:
(1) first, middle, and last name;
(2) date of birth;
(3) driver license or personal identification
				  number;
(4) social security number;
				  and
(5) a photocopy of a valid
				  photo ID.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 27 - CRIME RECORDS › Subchapter K - FEDERAL FIREARMS DISABILITIES › Section 27.144 - Correction of Records

Current through Reg. 49, No. 28; July 12, 2024
(a) A person may
				  correct or supplement department records relating to a federal prohibited
				  person by providing the following information:
(1) a copy of a judicial order or finding
				  that a person is no longer an incapacitated adult or is entitled to relief from
				  disabilities under Texas Health and Safety Code, §
											574.088;
				  or
(2) proof that the person has
				  obtained notice of relief from disabilities under United States Code, Title 18,
				  §925.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 27 - CRIME RECORDS › Subchapter L - DNA SUPPORTED SUSPECTED OFFENDER FILE › Section 27.161 - Entry of Information

Current through Reg. 49, No. 28; July 12, 2024
(a) The department
				  maintains a DNA Supported Suspected Offender File to collect and disseminate
				  information regarding additional offenses that forensic DNA test results
				  indicate may have been committed by a person who has been arrested for or
				  charged with any felony or misdemeanor offense, other than a misdemeanor
				  offense punishable by fine only.
(b) Information may only be entered into the
				  DNA Supported Suspected Offender File if based on forensic DNA test results
				  indicating the DNA profile of the person cannot be excluded as a donor to the
				  DNA profile of a person suspected to have committed an offense.
(c) To be entered into the DNA Supported
				  Suspected Offender File, the information must meet the following criteria:
(1) submitted in the form of an affidavit
				  signed by an investigating criminal justice agency;
(2) approved by a district judge;
(3) accompanied by the submission of the
				  subject's fingerprints; and
(4)
				  accompanied by a completed DNA Supported Suspected Offender File
				  (CR-40).
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 27 - CRIME RECORDS › Subchapter L - DNA SUPPORTED SUSPECTED OFFENDER FILE › Section 27.162 - Confidentiality and Dissemination

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Information entered into the DNA Supported Suspected Offender File is
				  confidential and may not be disseminated except as provided by Texas Government
				  Code, Chapter 411, Subchapter D-1.
(b) The department will disseminate the
				  information contained in the DNA Supported Suspected Offender File to a
				  criminal justice agency upon inquiry. A criminal justice agency may disseminate
				  the information to any other criminal justice agency for a criminal justice
				  purpose.