Texas 2009 - 81st Regular

Texas Senate Bill SB1971 Compare Versions

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

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1	1	81R15126 KEL-D
2	2	By: Carona S.B. No. 1971
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the collection, maintenance, and transfer and other
8	8	dissemination of criminal history record information and juvenile
9	9	justice information.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 411.042(b), Government Code, as amended
12	12	by Chapters 70 (H.B. 76), 1306 (S.B. 839), and 1372 (S.B. 9), Acts
13	13	of the 80th Legislature, Regular Session, 2007, is reenacted and
14	14	amended to read as follows:
15	15	(b) The bureau of identification and records shall:
16	16	(1) procure and file for record photographs, pictures,
17	17	descriptions, fingerprints, measurements, and other pertinent
18	18	information of all persons arrested for or charged with a criminal
19	19	offense or convicted of a criminal offense, regardless of whether
20	20	the conviction is probated;
21	21	(2) collect information concerning the number and
22	22	nature of offenses reported or known to have been committed in the
23	23	state and the legal steps taken in connection with the offenses, and
24	24	other information useful in the study of crime and the
25	25	administration of justice, including information that enables the
26	26	bureau to create a statistical breakdown of offenses in which
27	27	family violence was involved and a statistical breakdown of
28	28	offenses under Sections 22.011 and 22.021, Penal Code;
29	29	(3) make ballistic tests of bullets and firearms and
30	30	chemical analyses of bloodstains, cloth, materials, and other
31	31	substances for law enforcement officers of the state;
32	32	(4) cooperate with identification and crime records
33	33	bureaus in other states and the United States Department of
34	34	Justice;
35	35	(5) maintain a list of all previous background checks
36	36	for applicants for any position regulated under Chapter 1702,
37	37	Occupations Code, who have undergone a criminal history background
38	38	check under Section 411.119, if the check indicates a Class B
39	39	misdemeanor or equivalent offense or a greater offense;
40	40	(6) collect information concerning the number and
41	41	nature of protective orders and all other pertinent information
42	42	about all persons on active protective orders. Information in the
43	43	law enforcement information system relating to an active protective
44	44	order shall include:
45	45	(A) the name, sex, race, date of birth, personal
46	46	descriptors, address, and county of residence of the person to whom
47	47	the order is directed;
48	48	(B) any known identifying number of the person to
49	49	whom the order is directed, including the person's social security
50	50	number or driver's license number;
51	51	(C) the name and county of residence of the
52	52	person protected by the order;
53	53	(D) the residence address and place of employment
54	54	or business of the person protected by the order, unless that
55	55	information is excluded from the order under Section 85.007, Family
56	56	Code;
57	57	(E) the child-care facility or school where a
58	58	child protected by the order normally resides or which the child
59	59	normally attends, unless that information is excluded from the
60	60	order under Section 85.007, Family Code;
61	61	(F) the relationship or former relationship
62	62	between the person who is protected by the order and the person to
63	63	whom the order is directed; and
64	64	(G) the date the order expires; [and]
65	65	(7) grant access to criminal history record
66	66	information in the manner authorized under Subchapter F;
67	67	(8) [(7)] collect and disseminate information
68	68	regarding offenders with mental impairments in compliance with
69	69	Chapter 614, Health and Safety Code; and
70	70	(9) record data and maintain a state database for a
71	71	computerized criminal history record system and computerized
72	72	juvenile justice information system that serves:
73	73	(A) as the record creation point for criminal
74	74	history record information and juvenile justice information
75	75	maintained by the state; and
76	76	(B) as the control terminal for the entry of
77	77	records, in accordance with federal law and regulations, federal
78	78	executive orders, and federal policy, into the federal database
79	79	maintained by the Federal Bureau of Investigation.
80	80	SECTION 2. Section 411.083(b), Government Code, is amended
81	81	to read as follows:
82	82	(b) The department shall grant access to criminal history
83	83	record information to:
84	84	(1) criminal justice agencies;
85	85	(2) noncriminal justice agencies authorized by
86	86	federal statute or executive order or by state statute to receive
87	87	criminal history record information;
88	88	(3) the person who is the subject of the criminal
89	89	history record information;
90	90	(4) a person working on a research or statistical
91	91	project that:
92	92	(A) is funded in whole or in part by state funds;
93	93	or
94	94	(B) meets the requirements of Part 22, Title 28,
95	95	Code of Federal Regulations, and is approved by the department;
96	96	(5) an individual or an agency that has a specific
97	97	agreement with a criminal justice agency to provide services
98	98	required for the administration of criminal justice under that
99	99	agreement, if the agreement:
100	100	(A) specifically authorizes access to
101	101	information;
102	102	(B) limits the use of information to the purposes
103	103	for which it is given;
104	104	(C) ensures the security and confidentiality of
105	105	the information; [and]
106	106	(D) provides for sanctions if a requirement
107	107	imposed under Paragraph (A), (B), or (C) is violated; and
108	108	(E) requires the individual or agency to perform
109	109	the applicable services in a manner prescribed by the department;
110	110	(6) an individual or an agency that has a specific
111	111	agreement with a noncriminal justice agency to provide services
112	112	related to the use of criminal history record information
113	113	disseminated under this subchapter, if the agreement:
114	114	(A) specifically authorizes access to
115	115	information;
116	116	(B) limits the use of information to the purposes
117	117	for which it is given;
118	118	(C) ensures the security and confidentiality of
119	119	the information; [and]
120	120	(D) provides for sanctions if a requirement
121	121	imposed under Paragraph (A), (B), or (C) is violated; and
122	122	(E) requires the individual or agency to perform
123	123	the applicable services in a manner prescribed by the department;
124	124	(7) a county or district clerk's office; and
125	125	(8) the Office of Court Administration of the Texas
126	126	Judicial System.
127	127	SECTION 3. Section 411.084(b), Government Code, is amended
128	128	to read as follows:
129	129	(b) Notwithstanding Subsection (a) or any other provision
130	130	in this subchapter, criminal history record information obtained
131	131	from the Federal Bureau of Investigation may be released or
132	132	disclosed only to a governmental entity or as authorized by federal
133	133	law and regulations [statute, federal rule], [or] federal executive
134	134	orders, and federal policy [order].
135	135	SECTION 4. Sections 411.0845(e), (i), and (k), Government
136	136	Code, are amended to read as follows:
137	137	(e) A person entitled to receive criminal history record
138	138	information under this section must provide the department with the
139	139	following information regarding the person who is the subject of
140	140	the criminal history record information requested:
141	141	(1) the person's full name, date of birth, sex, [Texas
142	142	driver's license number or personal identification certificate
143	143	number,] and social security number, and the number assigned to any
144	144	form of unexpired identification card issued by this state or
145	145	another state, the District of Columbia, or a territory of the
146	146	United States that includes the person's photograph;
147	147	(2) a recent electronic digital image photograph of
148	148	the person and a complete set of the person's fingerprints as
149	149	required by the department; and
150	150	(3) any other information required by the department.
151	151	(i) The release under this section of any criminal history
152	152	record information maintained by the Federal Bureau of
153	153	Investigation, including the computerized information submitted to
154	154	the federal database maintained by the Federal Bureau of
155	155	Investigation as described by Section 411.042(b)(9)(B), is subject
156	156	to federal law and regulations, federal executive orders, and
157	157	federal policy.
158	158	(k) A governmental agency may coordinate with the
159	159	department regarding the use of the fingerprinting fee collection
160	160	process to collect [collection of] a fee for the criminal history
161	161	record information and any other fees associated with obtaining a
162	162	person's fingerprints as required by the department [through the
163	163	fingerprinting fee collection process].
164	164	SECTION 5. Section 411.085(a), Government Code, is amended
165	165	to read as follows:
166	166	(a) A person commits an offense if the person knowingly or
167	167	intentionally:
168	168	(1) obtains criminal history record information in an
169	169	unauthorized manner, uses the information for an unauthorized
170	170	purpose, or discloses the information to a person who is not
171	171	entitled to the information;
172	172	[(2) provides a person with a copy of the person's
173	173	criminal history record information obtained from the department;]
174	174	or
175	175	(2) [(3)] violates a rule of the department adopted
176	176	under this subchapter.
177	177	SECTION 6. Section 411.094(d), Government Code, is amended
178	178	to read as follows:
179	179	(d) Criminal history record information received by an
180	180	institution of higher education under Subsection (b) may not be
181	181	released or disclosed to any person except on court order or with
182	182	the consent of the person who is the subject of the criminal history
183	183	record information.
184	184	SECTION 7. Section 411.0985(c), Government Code, is
185	185	amended to read as follows:
186	186	(c) The Texas Commission for the Blind may not release or
187	187	disclose information obtained under Subsection (a) except on court
188	188	order or with the consent of the person who is the subject of the
189	189	criminal history record information.
190	190	SECTION 8. Section 411.1005(b), Government Code, is
191	191	amended to read as follows:
192	192	(b) Information received by the state bar is confidential
193	193	and may be disseminated only:
194	194	(1) in a disciplinary action or proceeding conducted
195	195	by the state bar, the Board of Disciplinary Appeals, or any court;
196	196	or
197	197	(2) with the consent of the person who is the subject
198	198	of the criminal history record information.
199	199	SECTION 9. Section 411.1131(c), Government Code, is
200	200	amended to read as follows:
201	201	(c) The Texas Commission for the Deaf and Hard of Hearing
202	202	may not release or disclose information obtained under Subsection
203	203	(a), except on court order or with the consent of the person who is
204	204	the subject of the criminal history record information, and shall
205	205	destroy all criminal history record information obtained under
206	206	Subsection (a) after the information is used for its authorized
207	207	purpose.
208	208	SECTION 10. Section 411.1182(c), Government Code, is
209	209	amended to read as follows:
210	210	(c) Criminal history information obtained from the
211	211	department may not be released or disclosed except:
212	212	(1) as needed in protecting the security of a
213	213	commercial nuclear power plant;
214	214	(2) [or] as authorized by the United States Nuclear
215	215	Regulatory Commission, a court order, or a federal or state law or
216	216	order; or
217	217	(3) with the consent of the person who is the subject
218	218	of the criminal history record information.
219	219	SECTION 11. Section 411.120(b), Government Code, is
220	220	amended to read as follows:
221	221	(b) Criminal history record information obtained by a
222	222	county judge under Subsection (a) may not be released or disclosed
223	223	to any person except in a hearing held under Chapter 25 or 69,
224	224	Alcoholic Beverage Code, or with the consent of the person who is
225	225	the subject of the criminal history record information.
226	226	SECTION 12. Section 411.1236(b), Government Code, is
227	227	amended to read as follows:
228	228	(b) Criminal history record information obtained by the
229	229	Texas Commission on Fire Protection under Subsection (a) may not be
230	230	released to any person or agency except on court order or with the
231	231	consent of the person who is the subject of the criminal history
232	232	record information, or if [unless] the information is entered into
233	233	evidence by the board in an administrative, civil, or criminal
234	234	hearing under Chapter 419.
235	235	SECTION 13. Section 411.136(e), Government Code, is
236	236	amended to read as follows:
237	237	(e) All criminal history record information received by a
238	238	public or nonprofit hospital or hospital district under this
239	239	section is privileged, confidential, and intended for the exclusive
240	240	use of the entity that obtained the information. The hospital or
241	241	district may not release or disclose criminal history record
242	242	information to any person or agency except in a criminal
243	243	proceeding, in a hearing conducted by the hospital or district, to
244	244	another governmental entity as required by law, [or] as required by
245	245	court order, or with the consent of the person who is the subject of
246	246	the criminal history record information.
247	247	SECTION 14. Section 411.139(b), Government Code, is
248	248	amended to read as follows:
249	249	(b) Criminal history record information obtained by the
250	250	securities commissioner under this section may not be released by
251	251	any person or agency except on court order or with the consent of
252	252	the person who is the subject of the criminal history record
253	253	information, unless the information is entered into evidence by the
254	254	State Securities Board or a court at an administrative proceeding
255	255	or a civil or criminal action under The Securities Act (Article
256	256	581-1 et seq., Vernon's Texas Civil Statutes).
257	257	SECTION 15. Section 411.140(b), Government Code, is
258	258	amended to read as follows:
259	259	(b) Information received by the State Commission on
260	260	Judicial Conduct is confidential and may be disseminated only in an
261	261	investigation or proceeding conducted by the commission or with the
262	262	consent of the person who is the subject of the criminal history
263	263	record information.
264	264	SECTION 16. Section 411.1402(c), Government Code, is
265	265	amended to read as follows:
266	266	(c) The Employees Retirement System of Texas may not release
267	267	or disclose information obtained under Subsection (a) except on
268	268	court order or with the consent of the person who is the subject of
269	269	the criminal history record information.
270	270	SECTION 17. Section 411.1406(d), Government Code, as added
271	271	by Chapter 406 (S.B. 885), Acts of the 80th Legislature, Regular
272	272	Session, 2007, is amended to read as follows:
273	273	(d) The court may not release or disclose information
274	274	obtained under Subsection (b) except on order of a district court or
275	275	with the consent of the person who is the subject of the criminal
276	276	history record information.
277	277	SECTION 18. To the extent of any conflict, this Act prevails
278	278	over another Act of the 81st Legislature, Regular Session, 2009,
279	279	relating to nonsubstantive additions to and corrections in enacted
280	280	codes.
281	281	SECTION 19. This Act takes effect immediately if it
282	282	receives a vote of two-thirds of all the members elected to each
283	283	house, as provided by Section 39, Article III, Texas Constitution.
284	284	If this Act does not receive the vote necessary for immediate
285	285	effect, this Act takes effect September 1, 2009.