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RULE §27.105Reporting of Data to the Computerized Criminal History System

(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.

Source Note: The provisions of this §27.105 adopted to be effective February 27, 2003, 28 TexReg 1650

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