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 Juvenile Justice Department or confined in 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.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 25.047, eff. September 1, 2009.
Acts 2015, 84th Leg., R.S., Ch. 734 (H.B. 1549), Sec. 11, eff. September 1, 2015.
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