83R468 AJZ-F
By: Martinez Fischer, Villalba H.B. No. 21
A BILL TO BE ENTITLED
AN ACT
relating to a central database containing information about
offenders who have committed certain offenses against children or
offenses involving family or dating violence.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 42.015, Code of Criminal Procedure, is
amended to read as follows:
Art. 42.015. FINDING OF AGE OF VICTIM. In the trial of an
offense under Title 5 [Section 20.02, 20.03, or 20.04], Penal Code,
or an attempt, conspiracy, or solicitation to commit one of those
offenses, the judge shall make an affirmative finding of fact and
enter the affirmative finding in the judgment in the case if the
judge determines that the victim or intended victim was younger
than 17 years of age at the time of the offense.
SECTION 2. Section 411.088(b), Government Code, is amended
to read as follows:
(b) The department may not charge for processing an
electronic inquiry, made through the use of the Internet, for
information described as public information under:
(1) Section 411.1355; or
(2) Article 62.005, Code of Criminal Procedure[, made
through the use of the Internet].
SECTION 3. 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.
SECTION 4. Subchapter F, Chapter 411, Government Code, is
amended by adding Section 411.1355 to read as follows:
Sec. 411.1355. CENTRAL DATABASE OF OFFENDERS WHO HAVE
COMMITTED OFFENSES INVOLVING FAMILY VIOLENCE. (a) The department
shall maintain a computerized central database containing
information regarding persons who:
(1) on three or more occasions have been convicted of
an offense for which an affirmative finding of family violence was
made under Article 42.013 or 42.015, Code of Criminal Procedure;
and
(2) were 17 years of age or older on the date at least
three of the offenses described by Subdivision (1) were committed.
(b) The information contained in the database is public
information, with the exception of any information:
(1) regarding the person's social security number,
driver's license number, or telephone number; or
(2) that would identify the victim of the offense with
respect to which the affirmative finding was made.
(c) The database maintained by the department under this
section must contain, to the extent the information is available to
the department:
(1) the person's full name, each alias used by the
person, and the person's date of birth;
(2) the person's last known address;
(3) a physical description and recent photograph of
the person;
(4) a list of offenses for which the person was
convicted and for which the court made an affirmative finding of
family violence, the date of conviction for each offense, and the
punishment prescribed for each offense; and
(5) an indication as to whether the person was
discharged, placed on community supervision, or released on parole
or to mandatory supervision following the conviction for each
offense.
(d) The department shall permit a person whose name is
included in the database established under this section to petition
the department for removal of the person's name from the database,
and the department shall remove the person's name from the database
in response to the petition if:
(1) an order of expunction is issued under Chapter 55,
Code of Criminal Procedure, with respect to one of the offenses
described by Subsection (a), unless the person has three or more
other convictions for an offense described by that subsection; or
(2) during the seven-year period preceding the date of
the petition, the person is not convicted of an offense described by
Subsection (a).
(e) On the website through which a person may search the
database described by this section, the department shall include
information regarding:
(1) the manner in which a person may petition the
department for removal of the person's name from the database; and
(2) the circumstances under which the department will
grant the petition.
SECTION 5. The central database required by Section
411.1355, Government Code, as added by this Act, must be designed
and implemented not later than January 1, 2014, and may only include
information concerning persons convicted of at least one offense
committed on or after the effective date of this Act for which an
affirmative finding of family violence is made under Article 42.013
or 42.015, Code of Criminal Procedure. For purposes of this
section, an offense was committed on or after the effective date of
this Act if each element of the offense occurred on or after that
date.
SECTION 6. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2013.