84R23228 KJE-D
By: Farrar H.B. No. 1525
Substitute the following for H.B. No. 1525:
By: Phillips C.S.H.B. No. 1525
A BILL TO BE ENTITLED
AN ACT
relating to the collection and reporting of information relating to
certain offenses involving family violence.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 411.042(b), (h), and (i), Government
Code, are amended to read as follows:
(b) The bureau of identification and records shall:
(1) procure and file for record photographs, pictures,
descriptions, fingerprints, measurements, and other pertinent
information of all persons arrested for or charged with a criminal
offense or convicted of a criminal offense, regardless of whether
the conviction is probated;
(2) collect information concerning the number and
nature of offenses reported or known to have been committed in the
state and the legal steps taken in connection with the offenses, and
other information useful in the study of crime and the
administration of justice, including information that enables the
bureau to create a statistical breakdown of:
(A) offenses in which family violence was
involved, including offenses:
(i) for which an affirmative finding of
family violence was made under Article 42.013, Code of Criminal
Procedure;
(ii) under Section 25.07 or 25.072, Penal
Code, if the offense is based on a violation of an order or a
condition of bond in a case involving family violence; and
(iii) under Section 25.11, Penal Code;
(B) offenses under Sections 22.011 and 22.021,
Penal Code; and
(C) offenses under Sections 20A.02 and 43.05,
Penal Code;
(3) make ballistic tests of bullets and firearms and
chemical analyses of bloodstains, cloth, materials, and other
substances for law enforcement officers of the state;
(4) cooperate with identification and crime records
bureaus in other states and the United States Department of
Justice;
(5) maintain a list of all previous background checks
for applicants for any position regulated under Chapter 1702,
Occupations Code, who have undergone a criminal history background
check under Section 411.119, if the check indicates a Class B
misdemeanor or equivalent offense or a greater offense;
(6) collect information concerning the number and
nature of protective orders and all other pertinent information
about all persons on active protective orders, including pertinent
information about persons subject to conditions of bond imposed for
the protection of the victim in any family violence, sexual assault
or abuse, or stalking case. Information in the law enforcement
information system relating to an active protective order shall
include:
(A) the name, sex, race, date of birth, personal
descriptors, address, and county of residence of the person to whom
the order is directed;
(B) any known identifying number of the person to
whom the order is directed, including the person's social security
number or driver's license number;
(C) the name and county of residence of the
person protected by the order;
(D) the residence address and place of employment
or business of the person protected by the order, unless that
information is excluded from the order under Section 85.007, Family
Code;
(E) the child-care facility or school where a
child protected by the order normally resides or which the child
normally attends, unless that information is excluded from the
order under Section 85.007, Family Code;
(F) the relationship or former relationship
between the person who is protected by the order and the person to
whom the order is directed;
(G) the conditions of bond imposed on the person
to whom the order is directed, if any, for the protection of a
victim in any family violence, sexual assault or abuse, or stalking
case; and
(H) the date the order expires;
(7) grant access to criminal history record
information in the manner authorized under Subchapter F;
(8) collect and disseminate information regarding
offenders with mental impairments in compliance with Chapter 614,
Health and Safety Code; and
(9) record data and maintain a state database for a
computerized criminal history record system and computerized
juvenile justice information system that serves:
(A) as the record creation point for criminal
history record information and juvenile justice information
maintained by the state; and
(B) as the control terminal for the entry of
records, in accordance with federal law and regulations, federal
executive orders, and federal policy, into the federal database
maintained by the Federal Bureau of Investigation.
(h) Information collected to perform a statistical
breakdown of offenses in which family violence was involved and
offenses under Sections 22.011 and 22.021, Penal Code, as required
by Subsection (b)(2) must include information indicating the
specific offense committed and information regarding:
(1) each [the] victim;
(2) the offender and the offender's relationship to
each [the] victim;
(3) any weapons used or exhibited in the commission of
the offense; [and]
(4) any injuries sustained by each [the] victim,
including whether the victim died as a result of the offense; and
(5) the law enforcement agency or other governmental
entity that reported the offense to the department.
(i) A law enforcement agency shall report offenses in which
family violence was involved and offenses under Section 22.011 or
22.021, Penal Code, to the department in the form and manner and at
regular intervals as prescribed by rules adopted by the
department. The report must include the information described by
Subsection (h).
SECTION 2. Subchapter D, Chapter 411, Government Code, is
amended by adding Section 411.0491 to read as follows:
Sec. 411.0491. REPORT RELATED TO CERTAIN OFFENSES INVOLVING
FAMILY VIOLENCE. (a) In this section, "offense involving family
violence" means an offense:
(1) for which an affirmative finding of family
violence was made under Article 42.013, Code of Criminal Procedure;
(2) under Section 25.07, Penal Code (Violation of
Certain Court Orders or Conditions of Bond in a Family Violence,
Sexual Assault or Abuse, or Stalking Case), or Section 25.072,
Penal Code (Repeated Violation of Certain Court Orders or
Conditions of Bond in Family Violence Case), if the offense is based
on a violation of an order or a condition of bond in a case involving
family violence; or
(3) under Section 25.11, Penal Code (Continuous
Violence Against the Family).
(b) The department shall compile and maintain statistical
information on offenses involving family violence, including:
(1) the number of convictions, disaggregated by
offense; and
(2) the number of convictions of offenders who had
been previously convicted of an offense involving family violence.
(c) The department by rule shall identify the governmental
entities that possess information required by Subsection (b). A
governmental entity identified by the department under this
subsection shall report the information to the department in the
manner prescribed by the department.
(d) The department shall identify governmental entities
required to report under Subsection (c) that fail to timely report
or that report incomplete information to the department.
(e) Not later than February 15 of each year, the department
shall submit to the legislature and post on the department's
Internet website a report of the statistical information described
in Subsection (b) that was compiled for the preceding calendar
year. The report must include a list of the governmental entities
identified by the department under Subsection (d).
(f) The department may adopt rules as necessary to implement
this section. In adopting rules under this subsection, the
department may consult with a statewide family violence advocacy
organization and a statewide sexual assault advocacy organization.
SECTION 3. (a) The changes in law made by this Act to
Section 411.042, Government Code, apply beginning January 1, 2017.
(b) Notwithstanding Section 411.0491(e), Government Code,
as added by this Act, the Department of Public Safety is required to
submit the initial report required by that section not later than
February 15, 2017.
SECTION 4. 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, 2015.