Art. 61.06. REMOVAL OF RECORDS RELATING TO AN INDIVIDUAL OTHER THAN A 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 from an intelligence database established under Article 61.02 and the intelligence database maintained by the department under Article 61.03 after five years 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 60.
(c) In determining whether information is required to be removed from an intelligence database under Subsection (b), the five-year period 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 operated by or under contract with the Texas Juvenile Justice Department, as defined by Section 51.02, Family Code; 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 operated by or under contract with the Texas Department of Criminal Justice or being committed to a secure correctional facility operated by or under contract with the Texas Juvenile Justice Department.
Added by Acts 1995, 74th Leg., ch. 671, Sec. 1, eff. Aug. 28, 1995. Amended by Acts 1997, 75th Leg., ch. 898, Sec. 3, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 1154, Sec. 6, eff. Sept. 1, 1999.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 258 (S.B. 11), Sec. 18.06, eff. September 1, 2007.
Acts 2007, 80th Leg., R.S., Ch. 263 (S.B. 103), Sec. 2, eff. June 8, 2007.
Acts 2007, 80th Leg., R.S., Ch. 1308 (S.B. 909), Sec. 10, eff. June 15, 2007.
Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 6.007, eff. September 1, 2009.
Acts 2009, 81st Leg., R.S., Ch. 1130 (H.B. 2086), Sec. 37, eff. September 1, 2009.
Acts 2009, 81st Leg., R.S., Ch. 1130 (H.B. 2086), Sec. 38, eff. September 1, 2009.
Acts 2015, 84th Leg., R.S., Ch. 734 (H.B. 1549), Sec. 9, eff. September 1, 2015.
Article: Previous 61.01 61.02 61.03 61.04 61.05 61.06 61.07 61.075 61.08 61.09 61.10 61.11 NextLast modified: September 28, 2016