Texas 2013 - 83rd Regular

Texas House Bill HB21 Compare Versions

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1	1	83R468 AJZ-F
2	2	By: Martinez Fischer, Villalba H.B. No. 21
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
8	8	offenders who have committed certain offenses against children or
9	9	offenses involving family or dating violence.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Article 42.015, Code of Criminal Procedure, is
12	12	amended to read as follows:
13	13	Art. 42.015. FINDING OF AGE OF VICTIM. In the trial of an
14	14	offense under Title 5 [Section 20.02, 20.03, or 20.04], Penal Code,
15	15	or an attempt, conspiracy, or solicitation to commit one of those
16	16	offenses, the judge shall make an affirmative finding of fact and
17	17	enter the affirmative finding in the judgment in the case if the
18	18	judge determines that the victim or intended victim was younger
19	19	than 17 years of age at the time of the offense.
20	20	SECTION 2. Section 411.088(b), Government Code, is amended
21	21	to read as follows:
22	22	(b) The department may not charge for processing an
23	23	electronic inquiry, made through the use of the Internet, for
24	24	information described as public information under:
25	25	(1) Section 411.1355; or
26	26	(2) Article 62.005, Code of Criminal Procedure[, made
27	27	through the use of the Internet].
28	28	SECTION 3. Section 411.135(a), Government Code, is amended
29	29	to read as follows:
30	30	(a) Any person is entitled to obtain from the department:
31	31	(1) any information described as public information
32	32	under Chapter 62, Code of Criminal Procedure, [as added by Chapter
33	33	668, Acts of the 75th Legislature, Regular Session, 1997,]
34	34	including, to the extent available, a recent photograph of each
35	35	person subject to registration under that chapter; [and]
36	36	(2) criminal history record information maintained by
37	37	the department that relates to the conviction of or a grant of
38	38	deferred adjudication to a person for any criminal offense,
39	39	including arrest information that relates to the conviction or
40	40	grant of deferred adjudication; and
41	41	(3) any information described as public information
42	42	under Section 411.1355.
43	43	SECTION 4. Subchapter F, Chapter 411, Government Code, is
44	44	amended by adding Section 411.1355 to read as follows:
45	45	Sec. 411.1355. CENTRAL DATABASE OF OFFENDERS WHO HAVE
46	46	COMMITTED OFFENSES INVOLVING FAMILY VIOLENCE. (a) The department
47	47	shall maintain a computerized central database containing
48	48	information regarding persons who:
49	49	(1) on three or more occasions have been convicted of
50	50	an offense for which an affirmative finding of family violence was
51	51	made under Article 42.013 or 42.015, Code of Criminal Procedure;
52	52	and
53	53	(2) were 17 years of age or older on the date at least
54	54	three of the offenses described by Subdivision (1) were committed.
55	55	(b) The information contained in the database is public
56	56	information, with the exception of any information:
57	57	(1) regarding the person's social security number,
58	58	driver's license number, or telephone number; or
59	59	(2) that would identify the victim of the offense with
60	60	respect to which the affirmative finding was made.
61	61	(c) The database maintained by the department under this
62	62	section must contain, to the extent the information is available to
63	63	the department:
64	64	(1) the person's full name, each alias used by the
65	65	person, and the person's date of birth;
66	66	(2) the person's last known address;
67	67	(3) a physical description and recent photograph of
68	68	the person;
69	69	(4) a list of offenses for which the person was
70	70	convicted and for which the court made an affirmative finding of
71	71	family violence, the date of conviction for each offense, and the
72	72	punishment prescribed for each offense; and
73	73	(5) an indication as to whether the person was
74	74	discharged, placed on community supervision, or released on parole
75	75	or to mandatory supervision following the conviction for each
76	76	offense.
77	77	(d) The department shall permit a person whose name is
78	78	included in the database established under this section to petition
79	79	the department for removal of the person's name from the database,
80	80	and the department shall remove the person's name from the database
81	81	in response to the petition if:
82	82	(1) an order of expunction is issued under Chapter 55,
83	83	Code of Criminal Procedure, with respect to one of the offenses
84	84	described by Subsection (a), unless the person has three or more
85	85	other convictions for an offense described by that subsection; or
86	86	(2) during the seven-year period preceding the date of
87	87	the petition, the person is not convicted of an offense described by
88	88	Subsection (a).
89	89	(e) On the website through which a person may search the
90	90	database described by this section, the department shall include
91	91	information regarding:
92	92	(1) the manner in which a person may petition the
93	93	department for removal of the person's name from the database; and
94	94	(2) the circumstances under which the department will
95	95	grant the petition.
96	96	SECTION 5. The central database required by Section
97	97	411.1355, Government Code, as added by this Act, must be designed
98	98	and implemented not later than January 1, 2014, and may only include
99	99	information concerning persons convicted of at least one offense
100	100	committed on or after the effective date of this Act for which an
101	101	affirmative finding of family violence is made under Article 42.013
102	102	or 42.015, Code of Criminal Procedure. For purposes of this
103	103	section, an offense was committed on or after the effective date of
104	104	this Act if each element of the offense occurred on or after that
105	105	date.
106	106	SECTION 6. This Act takes effect immediately if it receives
107	107	a vote of two-thirds of all the members elected to each house, as
108	108	provided by Section 39, Article III, Texas Constitution. If this
109	109	Act does not receive the vote necessary for immediate effect, this
110	110	Act takes effect September 1, 2013.