Texas 2009 - 81st Regular

Texas House Bill HB4108 Compare Versions

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Old	New	Differences
1	1	81R5105 HLT-D
2	2	By: Martinez Fischer H.B. No. 4108
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 violence
9	9	against a child.
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 411.1356; 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 411.1356.
34	34	SECTION 3. Subchapter F, Chapter 411, Government Code, is
35	35	amended by adding Section 411.1356 to read as follows:
36	36	Sec. 411.1356. CENTRAL DATABASE OF OFFENDERS COMMITTING
37	37	OFFENSES INVOLVING FAMILY VIOLENCE AGAINST A CHILD. (a) The
38	38	department shall maintain a computerized central database
39	39	containing information regarding persons who have been convicted of
40	40	an offense:
41	41	(1) for which an affirmative finding of family
42	42	violence was made under Article 42.013, Code of Criminal Procedure;
43	43	and
44	44	(2) of which the victim was a child of the family or
45	45	household who was younger than 17 years of age at the time the
46	46	offense was committed.
47	47	(b) The information contained in the database is public
48	48	information, with the exception of any information:
49	49	(1) regarding the person's social security number,
50	50	driver's license number, or telephone number; or
51	51	(2) that would identify the child who was the victim of
52	52	the offense.
53	53	(c) The database maintained by the department under this
54	54	section must contain, to the extent the information is available to
55	55	the department:
56	56	(1) the person's full name, each alias used by the
57	57	person, and the person's date of birth;
58	58	(2) the person's last known address;
59	59	(3) a physical description and recent photograph of
60	60	the person;
61	61	(4) a list of each conviction for an offense described
62	62	by Subsection (a), the date of conviction for each offense, and the
63	63	punishment prescribed for each offense; and
64	64	(5) an indication as to whether the person was
65	65	discharged, placed on juvenile probation or community supervision,
66	66	or released on parole or to mandatory supervision following the
67	67	conviction for each offense.
68	68	(d) The department shall permit a person whose name is
69	69	included in the database established under this section to petition
70	70	the department for removal of the person's name from the database,
71	71	and the department shall remove the person's name from the database
72	72	in response to the petition if:
73	73	(1) an order of expunction is issued under Chapter 55,
74	74	Code of Criminal Procedure, with respect to an offense described by
75	75	Subsection (a), unless the person has one or more other convictions
76	76	for an offense described by that subsection; or
77	77	(2) the person establishes that the person, at the
78	78	time the petition is made, does not have as a member of the person's
79	79	family or household, as those terms are defined by Chapter 71,
80	80	Family Code, a child who is younger than 17 years of age.
81	81	(e) On the website through which a person may search the
82	82	database described by this section, the department shall include
83	83	information regarding:
84	84	(1) the manner in which a person may petition the
85	85	department for removal of the person's name from the database; and
86	86	(2) the circumstances under which the department will
87	87	grant the petition.
88	88	SECTION 4. The central database required by Section
89	89	411.1356, Government Code, as added by this Act, must be designed
90	90	and implemented not later than January 1, 2010, and may only include
91	91	conviction information with respect to offenses described by
92	92	Subsection (a) of that section that are committed on or after the
93	93	effective date of this Act. For purposes of this section, an
94	94	offense was committed on or after the effective date of this Act if
95	95	each element of the offense occurred on or after that date.
96	96	SECTION 5. This Act takes effect immediately if it receives
97	97	a vote of two-thirds of all the members elected to each house, as
98	98	provided by Section 39, Article III, Texas Constitution. If this
99	99	Act does not receive the vote necessary for immediate effect, this
100	100	Act takes effect September 1, 2009.