Texas 2009 - 81st Regular

Texas House Bill HB2754 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	81R1169 HLT-D
2	2	By: Castro H.B. No. 2754
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to a central database containing information about certain
8	8	offenders who have committed offenses involving family or dating
9	9	violence.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 411.088(b), Government Code, is amended
12	12	to read as follows:
13	13	(b) The department may not charge for processing an
14	14	electronic inquiry, made through the use of the Internet, for
15	15	information described as public information under:
16	16	(1) Section 411.1355; or
17	17	(2) Article 62.005, Code of Criminal Procedure[, made
18	18	through the use of the Internet].
19	19	SECTION 2. Section 411.135(a), Government Code, is amended
20	20	to read as follows:
21	21	(a) Any person is entitled to obtain from the department:
22	22	(1) any information described as public information
23	23	under Chapter 62, Code of Criminal Procedure, [as added by Chapter
24	24	668, Acts of the 75th Legislature, Regular Session, 1997,]
25	25	including, to the extent available, a recent photograph of each
26	26	person subject to registration under that chapter; [and]
27	27	(2) criminal history record information maintained by
28	28	the department that relates to the conviction of or a grant of
29	29	deferred adjudication to a person for any criminal offense,
30	30	including arrest information that relates to the conviction or
31	31	grant of deferred adjudication; and
32	32	(3) any information described as public information
33	33	under Section 411.1355.
34	34	SECTION 3. Subchapter F, Chapter 411, Government Code, is
35	35	amended by adding Section 411.1355 to read as follows:
36	36	Sec. 411.1355. CENTRAL DATABASE OF OFFENDERS WHO HAVE
37	37	COMMITTED OFFENSES INVOLVING FAMILY VIOLENCE. (a) The department
38	38	shall maintain a computerized central database containing
39	39	information regarding persons who on three or more occasions have
40	40	been convicted of an offense for which an affirmative finding of
41	41	family violence was made under Article 42.013, Code of Criminal
42	42	Procedure.
43	43	(b) The information contained in the database is public
44	44	information, with the exception of any information:
45	45	(1) regarding the person's social security number,
46	46	driver's license number, or telephone number; or
47	47	(2) that would identify the victim of the offense with
48	48	respect to which the affirmative finding was made.
49	49	(c) The database maintained by the department under this
50	50	section must contain, to the extent the information is available to
51	51	the department:
52	52	(1) the person's full name, each alias used by the
53	53	person, and the person's date of birth;
54	54	(2) the person's last known address;
55	55	(3) a physical description and recent photograph of
56	56	the person;
57	57	(4) a list of offenses for which the person was
58	58	convicted and for which the court made an affirmative finding of
59	59	family violence, the date of conviction for each offense, and the
60	60	punishment prescribed for each offense; and
61	61	(5) an indication as to whether the person was
62	62	discharged, placed on juvenile probation or community supervision,
63	63	or released on parole or to mandatory supervision following the
64	64	conviction for each offense.
65	65	(d) The department shall permit a person whose name is
66	66	included in the database established under this section to petition
67	67	the department for removal of the person's name from the database,
68	68	and the department shall remove the person's name from the database
69	69	in response to the petition if:
70	70	(1) an order of expunction is issued under Chapter 55,
71	71	Code of Criminal Procedure, with respect to one of the offenses
72	72	described by Subsection (a), unless the person has three or more
73	73	other convictions for an offense described by that subsection; or
74	74	(2) during the seven-year period preceding the date of
75	75	the petition, the person is not convicted of an offense described by
76	76	Subsection (a).
77	77	(e) On the website through which a person may search the
78	78	database described by this section, the department shall include
79	79	information regarding:
80	80	(1) the manner in which a person may petition the
81	81	department for removal of the person's name from the database; and
82	82	(2) the circumstances under which the department will
83	83	grant the petition.
84	84	SECTION 4. The central database required by Section
85	85	411.1355, Government Code, as added by this Act, must be designed
86	86	and implemented not later than January 1, 2010, and may only include
87	87	information concerning persons convicted of at least one offense
88	88	committed on or after the effective date of this Act for which an
89	89	affirmative finding of family violence is made under Article
90	90	42.013, Code of Criminal Procedure. For purposes of this section,
91	91	an offense was committed on or after the effective date of this Act
92	92	if each element of the offense occurred on or after that date.
93	93	SECTION 5. This Act takes effect immediately if it receives
94	94	a vote of two-thirds of all the members elected to each house, as
95	95	provided by Section 39, Article III, Texas Constitution. If this
96	96	Act does not receive the vote necessary for immediate effect, this
97	97	Act takes effect September 1, 2009.