Texas 2015 - 84th Regular

Texas House Bill HB1525 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	84R23228 KJE-D
2	2	By: Farrar H.B. No. 1525
3	3	Substitute the following for H.B. No. 1525:
4	4	By: Phillips C.S.H.B. No. 1525
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the collection and reporting of information relating to
10	10	certain offenses involving family violence.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Sections 411.042(b), (h), and (i), Government
13	13	Code, are amended to read as follows:
14	14	(b) The bureau of identification and records shall:
15	15	(1) procure and file for record photographs, pictures,
16	16	descriptions, fingerprints, measurements, and other pertinent
17	17	information of all persons arrested for or charged with a criminal
18	18	offense or convicted of a criminal offense, regardless of whether
19	19	the conviction is probated;
20	20	(2) collect information concerning the number and
21	21	nature of offenses reported or known to have been committed in the
22	22	state and the legal steps taken in connection with the offenses, and
23	23	other information useful in the study of crime and the
24	24	administration of justice, including information that enables the
25	25	bureau to create a statistical breakdown of:
26	26	(A) offenses in which family violence was
27	27	involved, including offenses:
28	28	(i) for which an affirmative finding of
29	29	family violence was made under Article 42.013, Code of Criminal
30	30	Procedure;
31	31	(ii) under Section 25.07 or 25.072, Penal
32	32	Code, if the offense is based on a violation of an order or a
33	33	condition of bond in a case involving family violence; and
34	34	(iii) under Section 25.11, Penal Code;
35	35	(B) offenses under Sections 22.011 and 22.021,
36	36	Penal Code; and
37	37	(C) offenses under Sections 20A.02 and 43.05,
38	38	Penal Code;
39	39	(3) make ballistic tests of bullets and firearms and
40	40	chemical analyses of bloodstains, cloth, materials, and other
41	41	substances for law enforcement officers of the state;
42	42	(4) cooperate with identification and crime records
43	43	bureaus in other states and the United States Department of
44	44	Justice;
45	45	(5) maintain a list of all previous background checks
46	46	for applicants for any position regulated under Chapter 1702,
47	47	Occupations Code, who have undergone a criminal history background
48	48	check under Section 411.119, if the check indicates a Class B
49	49	misdemeanor or equivalent offense or a greater offense;
50	50	(6) collect information concerning the number and
51	51	nature of protective orders and all other pertinent information
52	52	about all persons on active protective orders, including pertinent
53	53	information about persons subject to conditions of bond imposed for
54	54	the protection of the victim in any family violence, sexual assault
55	55	or abuse, or stalking case. Information in the law enforcement
56	56	information system relating to an active protective order shall
57	57	include:
58	58	(A) the name, sex, race, date of birth, personal
59	59	descriptors, address, and county of residence of the person to whom
60	60	the order is directed;
61	61	(B) any known identifying number of the person to
62	62	whom the order is directed, including the person's social security
63	63	number or driver's license number;
64	64	(C) the name and county of residence of the
65	65	person protected by the order;
66	66	(D) the residence address and place of employment
67	67	or business of the person protected by the order, unless that
68	68	information is excluded from the order under Section 85.007, Family
69	69	Code;
70	70	(E) the child-care facility or school where a
71	71	child protected by the order normally resides or which the child
72	72	normally attends, unless that information is excluded from the
73	73	order under Section 85.007, Family Code;
74	74	(F) the relationship or former relationship
75	75	between the person who is protected by the order and the person to
76	76	whom the order is directed;
77	77	(G) the conditions of bond imposed on the person
78	78	to whom the order is directed, if any, for the protection of a
79	79	victim in any family violence, sexual assault or abuse, or stalking
80	80	case; and
81	81	(H) the date the order expires;
82	82	(7) grant access to criminal history record
83	83	information in the manner authorized under Subchapter F;
84	84	(8) collect and disseminate information regarding
85	85	offenders with mental impairments in compliance with Chapter 614,
86	86	Health and Safety Code; and
87	87	(9) record data and maintain a state database for a
88	88	computerized criminal history record system and computerized
89	89	juvenile justice information system that serves:
90	90	(A) as the record creation point for criminal
91	91	history record information and juvenile justice information
92	92	maintained by the state; and
93	93	(B) as the control terminal for the entry of
94	94	records, in accordance with federal law and regulations, federal
95	95	executive orders, and federal policy, into the federal database
96	96	maintained by the Federal Bureau of Investigation.
97	97	(h) Information collected to perform a statistical
98	98	breakdown of offenses in which family violence was involved and
99	99	offenses under Sections 22.011 and 22.021, Penal Code, as required
100	100	by Subsection (b)(2) must include information indicating the
101	101	specific offense committed and information regarding:
102	102	(1) each [the] victim;
103	103	(2) the offender and the offender's relationship to
104	104	each [the] victim;
105	105	(3) any weapons used or exhibited in the commission of
106	106	the offense; [and]
107	107	(4) any injuries sustained by each [the] victim,
108	108	including whether the victim died as a result of the offense; and
109	109	(5) the law enforcement agency or other governmental
110	110	entity that reported the offense to the department.
111	111	(i) A law enforcement agency shall report offenses in which
112	112	family violence was involved and offenses under Section 22.011 or
113	113	22.021, Penal Code, to the department in the form and manner and at
114	114	regular intervals as prescribed by rules adopted by the
115	115	department. The report must include the information described by
116	116	Subsection (h).
117	117	SECTION 2. Subchapter D, Chapter 411, Government Code, is
118	118	amended by adding Section 411.0491 to read as follows:
119	119	Sec. 411.0491. REPORT RELATED TO CERTAIN OFFENSES INVOLVING
120	120	FAMILY VIOLENCE. (a) In this section, "offense involving family
121	121	violence" means an offense:
122	122	(1) for which an affirmative finding of family
123	123	violence was made under Article 42.013, Code of Criminal Procedure;
124	124	(2) under Section 25.07, Penal Code (Violation of
125	125	Certain Court Orders or Conditions of Bond in a Family Violence,
126	126	Sexual Assault or Abuse, or Stalking Case), or Section 25.072,
127	127	Penal Code (Repeated Violation of Certain Court Orders or
128	128	Conditions of Bond in Family Violence Case), if the offense is based
129	129	on a violation of an order or a condition of bond in a case involving
130	130	family violence; or
131	131	(3) under Section 25.11, Penal Code (Continuous
132	132	Violence Against the Family).
133	133	(b) The department shall compile and maintain statistical
134	134	information on offenses involving family violence, including:
135	135	(1) the number of convictions, disaggregated by
136	136	offense; and
137	137	(2) the number of convictions of offenders who had
138	138	been previously convicted of an offense involving family violence.
139	139	(c) The department by rule shall identify the governmental
140	140	entities that possess information required by Subsection (b). A
141	141	governmental entity identified by the department under this
142	142	subsection shall report the information to the department in the
143	143	manner prescribed by the department.
144	144	(d) The department shall identify governmental entities
145	145	required to report under Subsection (c) that fail to timely report
146	146	or that report incomplete information to the department.
147	147	(e) Not later than February 15 of each year, the department
148	148	shall submit to the legislature and post on the department's
149	149	Internet website a report of the statistical information described
150	150	in Subsection (b) that was compiled for the preceding calendar
151	151	year. The report must include a list of the governmental entities
152	152	identified by the department under Subsection (d).
153	153	(f) The department may adopt rules as necessary to implement
154	154	this section. In adopting rules under this subsection, the
155	155	department may consult with a statewide family violence advocacy
156	156	organization and a statewide sexual assault advocacy organization.
157	157	SECTION 3. (a) The changes in law made by this Act to
158	158	Section 411.042, Government Code, apply beginning January 1, 2017.
159	159	(b) Notwithstanding Section 411.0491(e), Government Code,
160	160	as added by this Act, the Department of Public Safety is required to
161	161	submit the initial report required by that section not later than
162	162	February 15, 2017.
163	163	SECTION 4. This Act takes effect immediately if it receives
164	164	a vote of two-thirds of all the members elected to each house, as
165	165	provided by Section 39, Article III, Texas Constitution. If this
166	166	Act does not receive the vote necessary for immediate effect, this
167	167	Act takes effect September 1, 2015.