82R25320 GCB-D
By: Raymond H.B. No. 161
Substitute the following for H.B. No. 161:
By: Miller of Erath C.S.H.B. No. 161
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 the conviction of
a person within the preceding 10-year period for an offense under
Section 49.04, 49.045, 49.07, or 49.08, Penal Code, is public
information, with the exception of:
(1) any information regarding the person's social
security number, driver's license number, or telephone number; and
(2) any information that would identify the victim of
the offense.
(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 must
include:
(1) the last known address of the person convicted;
and
(2) a recent photograph of the person convicted, if a
photograph is available to the department.
(c) The department shall remove a person's criminal history
record information from the Internet website as soon as practicable
after the earlier of:
(1) the 10th anniversary of the date of the person's
most recent conviction of an offense listed in Subsection (a); or
(2) the date on which the conviction is reversed on
appeal, or an order of expunction is entered with respect to records
and files in the case.
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 a conviction within
the preceding 10-year period of an offense under Section 49.04,
49.045, 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, 2012, the Department of
Public Safety shall make available to a requesting person the
information required by Sections 411.1355 and 411.1356, Government
Code, as added by this Act.
SECTION 4. This Act takes effect September 1, 2011.