| 1 | 1 | | 83R4292 JSC-F |
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| 2 | 2 | | By: Walle, Moody H.B. No. 2613 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to access to criminal history record information by a |
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| 8 | 8 | | public defender's office and the office of capital writs and to an |
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| 9 | 9 | | exemption for those offices from fees imposed for processing |
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| 10 | 10 | | inquiries for that information. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Section 411.082, Government Code, is amended by |
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| 13 | 13 | | adding Subdivisions (5) and (6) to read as follows: |
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| 14 | 14 | | (5) "Office of capital writs" means the office of |
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| 15 | 15 | | capital writs established under Subchapter B, Chapter 78. |
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| 16 | 16 | | (6) "Public defender's office" has the meaning |
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| 17 | 17 | | assigned by Article 26.044(a), Code of Criminal Procedure. |
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| 18 | 18 | | SECTION 2. Section 411.088, Government Code, is amended by |
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| 19 | 19 | | amending Subsection (a) and adding Subsection (a-1) to read as |
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| 20 | 20 | | follows: |
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| 21 | 21 | | (a) Except as otherwise provided by Subsection (a-1), the |
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| 22 | 22 | | [The] department may charge a person [that is not primarily a |
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| 23 | 23 | | criminal justice agency] a fee for processing inquiries for |
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| 24 | 24 | | criminal history record information. The department may charge: |
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| 25 | 25 | | (1) a fee of $10 for each inquiry for criminal history |
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| 26 | 26 | | record information on a person that is processed only on the basis |
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| 27 | 27 | | of the person's name, unless the inquiry is submitted |
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| 28 | 28 | | electronically or by magnetic media, in which event the fee is $1; |
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| 29 | 29 | | (2) a fee of $15 for each inquiry for criminal history |
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| 30 | 30 | | record information on a person that is processed on the basis of a |
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| 31 | 31 | | fingerprint comparison search; and |
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| 32 | 32 | | (3) except as provided by Subsection (b), actual costs |
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| 33 | 33 | | for processing all other information inquiries. |
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| 34 | 34 | | (a-1) The department may not charge a fee under Subsection |
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| 35 | 35 | | (a) for providing criminal history record information to: |
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| 36 | 36 | | (1) a criminal justice agency; |
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| 37 | 37 | | (2) the office of capital writs; or |
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| 38 | 38 | | (3) a public defender's office. |
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| 39 | 39 | | SECTION 3. Subchapter F, Chapter 411, Government Code, is |
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| 40 | 40 | | amended by adding Section 411.1272 to read as follows: |
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| 41 | 41 | | Sec. 411.1272. ACCESS TO CRIMINAL HISTORY RECORD |
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| 42 | 42 | | INFORMATION: OFFICE OF CAPITAL WRITS AND PUBLIC DEFENDER'S OFFICES. |
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| 43 | 43 | | The office of capital writs and a public defender's office are |
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| 44 | 44 | | entitled to obtain from the department criminal history record |
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| 45 | 45 | | information maintained by the department that relates to a criminal |
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| 46 | 46 | | case in which an attorney compensated by the office of capital writs |
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| 47 | 47 | | or by the public defender's office has been appointed. |
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| 48 | 48 | | SECTION 4. This Act takes effect September 1, 2013. |
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