| 1 | 1 | | 82R25320 GCB-D |
|---|
| 2 | 2 | | By: Raymond H.B. No. 161 |
|---|
| 3 | 3 | | Substitute the following for H.B. No. 161: |
|---|
| 4 | 4 | | By: Miller of Erath C.S.H.B. No. 161 |
|---|
| 5 | 5 | | |
|---|
| 6 | 6 | | |
|---|
| 7 | 7 | | A BILL TO BE ENTITLED |
|---|
| 8 | 8 | | AN ACT |
|---|
| 9 | 9 | | relating to the dissemination of criminal history record |
|---|
| 10 | 10 | | information by the Department of Public Safety concerning certain |
|---|
| 11 | 11 | | intoxication offenses. |
|---|
| 12 | 12 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 13 | 13 | | SECTION 1. Section 411.135(a), Government Code, is amended |
|---|
| 14 | 14 | | to read as follows: |
|---|
| 15 | 15 | | (a) Any person is entitled to obtain from the department: |
|---|
| 16 | 16 | | (1) any information described as public information |
|---|
| 17 | 17 | | under Chapter 62, Code of Criminal Procedure, [as added by Chapter |
|---|
| 18 | 18 | | 668, Acts of the 75th Legislature, Regular Session, 1997,] |
|---|
| 19 | 19 | | including, to the extent available, a recent photograph of each |
|---|
| 20 | 20 | | person subject to registration under that chapter; [and] |
|---|
| 21 | 21 | | (2) criminal history record information maintained by |
|---|
| 22 | 22 | | the department that relates to the conviction of or a grant of |
|---|
| 23 | 23 | | deferred adjudication to a person for any criminal offense, |
|---|
| 24 | 24 | | including arrest information that relates to the conviction or |
|---|
| 25 | 25 | | grant of deferred adjudication; and |
|---|
| 26 | 26 | | (3) any information described as public information |
|---|
| 27 | 27 | | under Section 411.1355(a). |
|---|
| 28 | 28 | | SECTION 2. Subchapter F, Chapter 411, Government Code, is |
|---|
| 29 | 29 | | amended by adding Sections 411.1355 and 411.1356 to read as |
|---|
| 30 | 30 | | follows: |
|---|
| 31 | 31 | | Sec. 411.1355. PUBLIC ACCESS TO CRIMINAL HISTORY RECORD |
|---|
| 32 | 32 | | INFORMATION CONCERNING CERTAIN INTOXICATION OFFENSES. (a) |
|---|
| 33 | 33 | | Criminal history record information that concerns the conviction of |
|---|
| 34 | 34 | | a person within the preceding 10-year period for an offense under |
|---|
| 35 | 35 | | Section 49.04, 49.045, 49.07, or 49.08, Penal Code, is public |
|---|
| 36 | 36 | | information, with the exception of: |
|---|
| 37 | 37 | | (1) any information regarding the person's social |
|---|
| 38 | 38 | | security number, driver's license number, or telephone number; and |
|---|
| 39 | 39 | | (2) any information that would identify the victim of |
|---|
| 40 | 40 | | the offense. |
|---|
| 41 | 41 | | (b) The department shall design and implement an Internet |
|---|
| 42 | 42 | | website to allow any person, free of charge, to electronically |
|---|
| 43 | 43 | | search for and receive information described by Subsection (a) by |
|---|
| 44 | 44 | | entering specific search criteria into the website, including a zip |
|---|
| 45 | 45 | | code, city, county, or name of a person. The search results must |
|---|
| 46 | 46 | | include: |
|---|
| 47 | 47 | | (1) the last known address of the person convicted; |
|---|
| 48 | 48 | | and |
|---|
| 49 | 49 | | (2) a recent photograph of the person convicted, if a |
|---|
| 50 | 50 | | photograph is available to the department. |
|---|
| 51 | 51 | | (c) The department shall remove a person's criminal history |
|---|
| 52 | 52 | | record information from the Internet website as soon as practicable |
|---|
| 53 | 53 | | after the earlier of: |
|---|
| 54 | 54 | | (1) the 10th anniversary of the date of the person's |
|---|
| 55 | 55 | | most recent conviction of an offense listed in Subsection (a); or |
|---|
| 56 | 56 | | (2) the date on which the conviction is reversed on |
|---|
| 57 | 57 | | appeal, or an order of expunction is entered with respect to records |
|---|
| 58 | 58 | | and files in the case. |
|---|
| 59 | 59 | | Sec. 411.1356. CRIMINAL HISTORY RECORD INFORMATION |
|---|
| 60 | 60 | | CONCERNING CERTAIN INTOXICATION OFFENSES PROVIDED TO PEACE OFFICER |
|---|
| 61 | 61 | | ON REQUEST. The department shall establish a procedure by which a |
|---|
| 62 | 62 | | peace officer or employee of a law enforcement agency who provides |
|---|
| 63 | 63 | | the department with a driver's license number, personal |
|---|
| 64 | 64 | | identification certificate number, or license plate number is |
|---|
| 65 | 65 | | automatically provided information as to whether the department has |
|---|
| 66 | 66 | | criminal history record information concerning a conviction within |
|---|
| 67 | 67 | | the preceding 10-year period of an offense under Section 49.04, |
|---|
| 68 | 68 | | 49.045, 49.07, or 49.08, Penal Code, about the person to whom the |
|---|
| 69 | 69 | | driver's license, personal identification certificate, or license |
|---|
| 70 | 70 | | plate is issued. The procedure must allow a peace officer to request |
|---|
| 71 | 71 | | the information from the location of a motor vehicle stop and to |
|---|
| 72 | 72 | | receive a response to the request during the duration of a |
|---|
| 73 | 73 | | reasonable motor vehicle stop. |
|---|
| 74 | 74 | | SECTION 3. Not later than May 1, 2012, the Department of |
|---|
| 75 | 75 | | Public Safety shall make available to a requesting person the |
|---|
| 76 | 76 | | information required by Sections 411.1355 and 411.1356, Government |
|---|
| 77 | 77 | | Code, as added by this Act. |
|---|
| 78 | 78 | | SECTION 4. This Act takes effect September 1, 2011. |
|---|