| 1 | 1 | | 81R7876 KEL-D |
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| 2 | 2 | | By: Carona S.B. No. 1558 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to including in the computerized criminal history system |
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| 8 | 8 | | certain forensic DNA test results that indicate the person |
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| 9 | 9 | | committed another offense. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Article 60.051(g), Code of Criminal Procedure, |
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| 12 | 12 | | is amended to read as follows: |
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| 13 | 13 | | (g) In addition to the information described by Subsections |
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| 14 | 14 | | (a)-(f), information in the computerized criminal history system |
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| 15 | 15 | | must include: |
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| 16 | 16 | | (1) the age of the victim of the offense if the |
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| 17 | 17 | | defendant was arrested for or charged with an offense under: |
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| 18 | 18 | | (A) [(1)] Section 21.02 (Continuous sexual abuse |
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| 19 | 19 | | of young child or children), Penal Code; |
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| 20 | 20 | | (B) [(2)] Section 21.11 (Indecency with a |
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| 21 | 21 | | child), Penal Code; |
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| 22 | 22 | | (C) [(3)] Section 22.011 (Sexual assault) or |
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| 23 | 23 | | 22.021 (Aggravated sexual assault), Penal Code; |
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| 24 | 24 | | (D) [(4)] Section 43.25 (Sexual performance by a |
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| 25 | 25 | | child), Penal Code; |
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| 26 | 26 | | (E) [(5)] Section 20.04(a)(4) (Aggravated |
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| 27 | 27 | | kidnapping), Penal Code, if the defendant committed the offense |
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| 28 | 28 | | with intent to violate or abuse the victim sexually; or |
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| 29 | 29 | | (F) [(6)] Section 30.02 (Burglary), Penal Code, |
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| 30 | 30 | | if the offense is punishable under Subsection (d) of that section |
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| 31 | 31 | | and the defendant committed the offense with intent to commit an |
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| 32 | 32 | | offense described by Paragraph (B), (C), or (E); and |
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| 33 | 33 | | (2) for a defendant who has been arrested for or |
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| 34 | 34 | | charged with any felony or misdemeanor offense, other than a |
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| 35 | 35 | | misdemeanor offense punishable by fine only: |
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| 36 | 36 | | (A) a summary of any forensic DNA test results |
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| 37 | 37 | | indicating a high likelihood that the defendant committed another |
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| 38 | 38 | | offense, regardless of whether the defendant has been or will be |
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| 39 | 39 | | arrested for or charged with that offense; and |
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| 40 | 40 | | (B) the offense code for that offense |
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| 41 | 41 | | [Subdivision (2), (3), or (5)]. |
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| 42 | 42 | | SECTION 2. Section 411.082(2), Government Code, is amended |
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| 43 | 43 | | to read as follows: |
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| 44 | 44 | | (2) "Criminal history record information" means |
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| 45 | 45 | | information collected about a person by a criminal justice agency |
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| 46 | 46 | | that consists of identifiable descriptions and notations of |
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| 47 | 47 | | arrests, detentions, indictments, informations, and other formal |
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| 48 | 48 | | criminal charges and their dispositions and, if required by Article |
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| 49 | 49 | | 60.051(g)(2), Code of Criminal Procedure, information summarizing |
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| 50 | 50 | | any forensic DNA test results indicating a high likelihood that the |
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| 51 | 51 | | person committed another offense. The term does not include: |
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| 52 | 52 | | (A) identification information, including DNA or |
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| 53 | 53 | | fingerprint records, to the extent that the identification |
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| 54 | 54 | | information does not indicate involvement of the person in the |
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| 55 | 55 | | criminal justice system or, as described by this subdivision, the |
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| 56 | 56 | | commission of another offense; or |
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| 57 | 57 | | (B) driving record information maintained by the |
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| 58 | 58 | | department under Subchapter C, Chapter 521, Transportation Code. |
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| 59 | 59 | | SECTION 3. The change in law made by this Act in amending |
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| 60 | 60 | | Article 60.051(g), Code of Criminal Procedure, and Section |
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| 61 | 61 | | 411.082(2), Government Code, applies only to an entry made in the |
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| 62 | 62 | | computerized criminal history system on or after the effective date |
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| 63 | 63 | | of this Act. An entry made in the computerized criminal history |
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| 64 | 64 | | system before the effective date of this Act is covered by the law |
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| 65 | 65 | | in effect on the date the entry was made, and the former law is |
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| 66 | 66 | | continued in effect for that purpose. |
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| 67 | 67 | | SECTION 4. This Act takes effect September 1, 2009. |
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