Texas Code of Criminal Procedure - Article 61.08. Right To Request Review Of Criminal Information
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Art. 61.08. RIGHT TO REQUEST REVIEW OF CRIMINAL
INFORMATION. (a) On receipt of a written request of a person or the
parent or guardian of a child that includes a showing by the person
or the parent or guardian that a law enforcement agency may have
collected criminal information under this chapter relating to the
person or child that is inaccurate or that does not comply with the
submission criteria under Article 61.02(c), the head of the agency
or the designee of the agency head shall review criminal
information collected by the agency under this chapter relating to
the person or child to determine if:
(1) reasonable suspicion exists to believe that the
information is accurate; and
(2) the information complies with the submission criteria
established under Article 61.02(c).
(b) If, after conducting a review of criminal information
under Subsection (a), the agency head or designee determines that:
(1) reasonable suspicion does not exist to believe that the
information is accurate or the information does not comply with the
submission criteria, the agency shall:
(A) destroy all records containing the information; and
(B) notify the department and the person who requested the
review of the agency's determination and the destruction of the
records; or
(2) reasonable suspicion does exist to believe that the
information is accurate and the information complies with the
submission criteria, the agency shall notify the person who
requested the review of the agency's determination and that the
person is entitled to seek judicial review of the agency's
determination under Article 61.09.
(c) On receipt of notice under Subsection (b), the
department shall immediately destroy all records containing the
information that is the subject of the notice in the intelligence
database maintained by the department under Article 61.03.
(d) A person who is committed to the Texas Youth Commission
or confined in the institutional division or the state jail
division of the Texas Department of Criminal Justice does not while
committed or confined have the right to request review of criminal
information under this article.
Added by Acts 1999, 76th Leg., ch. 1154, Sec. 7, eff. Sept. 1, 1999.
Article: 61.01 61.02 61.03 61.04 61.05 61.06 61.07 61.08 61.09 61.10 61.11 62.001 62.002 62.003 62.004
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Last modified: August 10, 2007
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