Texas 2023 - 88th Regular

Texas House Bill HB5202

Filed
3/10/23  
Out of House Committee
5/4/23  
Voted on by House
5/9/23  
Out of Senate Committee
5/19/23  
Voted on by Senate
5/24/23  
Governor Action
6/11/23  

Caption

Relating to a central database containing information about offenders who have committed certain violent offenses.

Impact

This bill is expected to significantly impact state laws related to public safety and criminal justice. By centralizing information about violent offenders, the bill aims to streamline data accessibility for law enforcement and the general public. This centralized approach is likely to assist in preventing future offenses by allowing for better monitoring of offenders who have committed multiple violent acts. The public nature of the database empowers citizens, especially those entering potentially risky relationships, to make more informed decisions.

Summary

House Bill 5202 establishes a central database maintained by the Texas Department of Public Safety (DPS) containing information about individuals convicted of certain violent offenses, particularly those with affirmative findings of family violence. The goal of the legislation is to enhance law enforcement's ability to monitor and track repeat offenders, thereby improving public safety. The database is designed to be accessible to the public, promoting transparency, while also allowing individuals to petition for removal of their names under specific circumstances.

Sentiment

The sentiment around HB 5202 has been largely supportive, particularly from law enforcement agencies who see the bill as a crucial tool for protecting the community from repeat offenders of family violence. Advocacy groups and some community members have voiced strong approval, arguing that access to this information will help individuals safeguard themselves against potential harm. However, there are also concerns regarding privacy and the potential stigmatization of those listed in the database, particularly if the criteria for entry into the database are perceived as overly broad.

Contention

While there is solid support for the creation of the database, notable contention exists regarding issues of privacy and the implications of publicly listing offenders. Critics express concerns that this could lead to unintended consequences for those who may be unfairly categorized or for whom the offense occurred long ago and might not reflect their current behavior. Additionally, questions arise about the adequacy of the process for individuals to petition for removal from the database, particularly regarding the criteria and evidence required to demonstrate a change in circumstances.

Texas Constitutional Statutes Affected

Government Code

  • Chapter 411. Department Of Public Safety Of The State Of Texas
    • Section: 088
    • Section: 135
    • Section: 088
    • Section: 135
    • Section: 088
    • Section: 135
    • Section: 088
    • Section: 135
    • Section: 088
    • Section: 135

Code Of Criminal Procedure

  • Chapter 62. Sex Offender Registration Program
    • Section: New Section
  • Chapter 55. Expunction Of Criminal Records
    • Section: New Section
  • Chapter 42. Judgment And Sentence
    • Section: New Section

Penal Code

  • Chapter 22. Assaultive Offenses
    • Section: New Section
  • Chapter 25. Offenses Against The Family
    • Section: New Section
  • Chapter 42. Disorderly Conduct And Related Offenses
    • Section: 072

Companion Bills

No companion bills found.

Similar Bills

No similar bills found.