(1) reasonable suspicion exists to believe that the information is accurate; and
(2) the information complies with the submission criteria established under Article 67.054(b).
(b) If, after conducting a review of criminal information under Subsection (a), the agency head or designee determines that reasonable suspicion does not exist to believe that the information is accurate, or determines that the information does not comply with the submission criteria, the agency shall:
(1) destroy all records containing the information; and
(2) notify the department and the person who requested the review of the agency's determination and the destruction of the records.
(c) If, after conducting a review of criminal information under Subsection (a), the agency head or designee determines that reasonable suspicion exists to believe that the information is accurate, and determines that the information complies with the submission criteria, the agency shall notify the person who requested the review:
(1) of the agency's determination; and
(2) that the person is entitled to seek judicial review of the agency's determination under Article 67.203.
(d) On receipt of notice under Subsection (b)(2), the department immediately shall destroy all records containing the information that is the subject of the notice in the intelligence database maintained by the department under Article 67.052.
(e) 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 2017, 85th Leg., R.S., Ch. 1058 (H.B. 2931), Sec. 1.04, eff. January 1, 2019.
Structure Texas Statutes
Title 1 - Code of Criminal Procedure
Chapter 67 - Compilation of Information Pertaining to Combinations and Criminal Street Gangs
Subchapter E. Rights of Subject of Criminal Information
Article 67.201. Right to Request Existence of Criminal Information
Article 67.202. Right to Request Review of Criminal Information