Relating to the dissemination of criminal history record information by the Department of Public Safety concerning certain intoxication offenses.
If enacted, HB 314 would likely lead to an increased flow of information regarding intoxication offenses available to the public, enabling individuals to search for relevant criminal history records using criteria such as zip code or name through an online platform to be developed by the Department of Public Safety (DPS). Additionally, law enforcement officers would benefit from expedited access to this information during traffic stops, providing them with necessary background information in real-time.
House Bill 314 aims to enhance public access to criminal history record information specifically related to intoxication offenses under Texas Penal Code sections 49.04, 49.045, 49.07, and 49.08. The bill mandates that criminal history records concerning these offenses be made public, while ensuring the confidentiality of sensitive personal information such as social security numbers, driver's license numbers, and victim identifiers. This change aims to improve transparency and facilitate the dissemination of pertinent criminal history data to the public and law enforcement agencies.
While proponents argue that this bill strengthens public safety through greater transparency, critics may express concerns about privacy implications and the potential for misinterpretation of criminal records. The establishment of an accessible online database raises questions around the effects on individuals with prior convictions who may have rehabilitated, and how public disclosure could impact their lives. Thus, the bill may generate debate regarding balancing public safety with individual rights to privacy.
Section 411.135 of the Government Code is set to be amended, and new sections 411.1355 and 411.1356 are being added, which outline procedures for obtaining and disseminating these records. The bill emphasizes the need for timely and efficient delivery of this information to law enforcement and the accessible format for the general public. The intended implementation date is established as September 1, 2009.