81R23311 JSC-D
By: Raymond, Hochberg, Driver, Merritt, H.B. No. 314
Frost
Substitute the following for H.B. No. 314:
By: Driver C.S.H.B. No. 314
A BILL TO BE ENTITLED
AN ACT
relating to the dissemination of criminal history record
information by the Department of Public Safety concerning certain
intoxication offenses.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 411.135(a), Government Code, is amended
to read as follows:
(a) Any person is entitled to obtain from the department:
(1) any information described as public information
under Chapter 62, Code of Criminal Procedure, [as added by Chapter
668, Acts of the 75th Legislature, Regular Session, 1997,]
including, to the extent available, a recent photograph of each
person subject to registration under that chapter; [and]
(2) criminal history record information maintained by
the department that relates to the conviction of or a grant of
deferred adjudication to a person for any criminal offense,
including arrest information that relates to the conviction or
grant of deferred adjudication; and
(3) any information described as public information
under Section 411.1355(a).
SECTION 2. Subchapter F, Chapter 411, Government Code, is
amended by adding Sections 411.1355 and 411.1356 to read as
follows:
Sec. 411.1355. PUBLIC ACCESS TO CRIMINAL HISTORY RECORD
INFORMATION CONCERNING CERTAIN INTOXICATION OFFENSES. (a)
Criminal history record information that concerns a person's
conviction for an offense under Section 49.04, 49.045, 49.05,
49.06, 49.065, 49.07, or 49.08, Penal Code, is public information
if the person has been previously convicted of an offense under one
of those sections.
(b) The department shall design and implement an Internet
website to allow any person, free of charge, to electronically
search for and receive information described by Subsection (a) by
entering specific search criteria into the website, including a zip
code, city, county, or name of a person. The search results:
(1) must include:
(A) the municipality in which the last known
address of the person convicted is located; and
(B) a recent photograph of the person convicted
taken attendant to the person's arrest; and
(2) may not include:
(A) any information regarding the convicted
person's social security number, driver's license number, or
telephone number;
(B) any information that would identify a victim
of the offense; or
(C) any information regarding a person if 15
years have elapsed since the date the person committed the most
recent offense for which the person was convicted under Section
49.04, 49.045, 49.05, 49.06, 49.065, 49.07, or 49.08, Penal Code.
Sec. 411.1356. CRIMINAL HISTORY RECORD INFORMATION
CONCERNING CERTAIN INTOXICATION OFFENSES PROVIDED TO PEACE OFFICER
ON REQUEST. The department shall establish a procedure by which a
peace officer or employee of a law enforcement agency who provides
the department with a driver's license number, personal
identification certificate number, or license plate number is
automatically provided information as to whether the department has
criminal history record information concerning an offense under
Section 49.04, 49.045, 49.05, 49.06, 49.065, 49.07, or 49.08, Penal
Code, about the person to whom the driver's license, personal
identification certificate, or license plate is issued. The
procedure must allow a peace officer to request the information
from the location of a motor vehicle stop and to receive a response
to the request during the duration of a reasonable motor vehicle
stop.
SECTION 3. Not later than May 1, 2010, the Department of
Public Safety shall make criminal history record information
available to a requesting person as required by Sections 411.1355
and 411.1356, Government Code, as added by this Act.
SECTION 4. This Act takes effect September 1, 2009.