Criminal History Record System: Part 7

REPORTING OF INFORMATION BY LOCAL ENTITIES.   

The Department of Public Safety and the Texas Department of Criminal Justice by rule shall develop reporting procedures that: 

– ensure that the offender processing data is reported from the time an offender is arrested until the time an offender is released; and provide measures and policies designed to identify and eliminate redundant reporting of information to the criminal justice information system. 

The arresting law enforcement agency shall prepare a uniform incident fingerprint card and initiate the reporting process for each offender charged with: 

–  a felony; 

–  a misdemeanor for which a term of confinement may be imposed; or a misdemeanor punishable by fine only that involves family violence. 

At any time before final disposition of the case, the justice or judge of a court having jurisdiction of the case of a misdemeanor 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. 

The clerk of the court exercising jurisdiction over a case shall report the disposition of the case to the Department of Public Safety. 

Information or data required 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. 

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. 

A court that orders the release of an offender 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. 

On disposition of a case in which an offender is charged with a misdemeanor described, 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 or an electronic methodology approved by the Department of Public Safety. 

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