83R4292 JSC-F
By: Rodriguez S.B. No. 1044
A BILL TO BE ENTITLED
AN ACT
relating to access to criminal history record information by a
public defender's office and the office of capital writs and to an
exemption for those offices from fees imposed for processing
inquiries for that information.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 411.082, Government Code, is amended by
adding Subdivisions (5) and (6) to read as follows:
(5) "Office of capital writs" means the office of
capital writs established under Subchapter B, Chapter 78.
(6) "Public defender's office" has the meaning
assigned by Article 26.044(a), Code of Criminal Procedure.
SECTION 2. Section 411.088, Government Code, is amended by
amending Subsection (a) and adding Subsection (a-1) to read as
follows:
(a) Except as otherwise provided by Subsection (a-1), the
[The] department may charge a person [that is not primarily a
criminal justice agency] a fee for processing inquiries for
criminal history record information. The department may charge:
(1) a fee of $10 for each inquiry for criminal history
record information on a person that is processed only on the basis
of the person's name, unless the inquiry is submitted
electronically or by magnetic media, in which event the fee is $1;
(2) a fee of $15 for each inquiry for criminal history
record information on a person that is processed on the basis of a
fingerprint comparison search; and
(3) except as provided by Subsection (b), actual costs
for processing all other information inquiries.
(a-1) The department may not charge a fee under Subsection
(a) for providing criminal history record information to:
(1) a criminal justice agency;
(2) the office of capital writs; or
(3) a public defender's office.
SECTION 3. Subchapter F, Chapter 411, Government Code, is
amended by adding Section 411.1272 to read as follows:
Sec. 411.1272. ACCESS TO CRIMINAL HISTORY RECORD
INFORMATION: OFFICE OF CAPITAL WRITS AND PUBLIC DEFENDER'S OFFICES.
The office of capital writs and a public defender's office are
entitled to obtain from the department criminal history record
information maintained by the department that relates to a criminal
case in which an attorney compensated by the office of capital writs
or by the public defender's office has been appointed.
SECTION 4. This Act takes effect September 1, 2013.