Texas 2015 - 84th Regular

Texas House Bill HB235 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	By: Farrar H.B. No. 235
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to a central database containing information about certain
7	7	persons who have been convicted of or received a grant of deferred
8	8	adjudication for certain offenses involving animal cruelty;
9	9	providing a criminal penalty.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Title 1, Code of Criminal Procedure, is amended
12	12	by adding Chapter 61A to read as follows:
13	13	CHAPTER 61A. ANIMAL CRUELTY REGISTRATION PROGRAM
14	14	Art. 61A.01. DEFINITIONS. In this chapter:
15	15	(1) "Department" means the Department of Public
16	16	Safety.
17	17	(2) "Local law enforcement authority" and "penal
18	18	institution" have the meanings assigned by Article 62.001.
19	19	Art. 61A.02. CENTRAL DATABASE. (a) To the extent that
20	20	funding is available under Article 61A.06, the department shall
21	21	establish and maintain a computerized central database containing
22	22	information regarding persons who:
23	23	(1) have been convicted of or received a grant of
24	24	deferred adjudication for one or more felony offenses under Section
25	25	42.092 or 42.10, Penal Code; and
26	26	(2) were 17 years of age or older at the time of the
27	27	offense.
28	28	(b) If a computerized central database is established by the
29	29	department under Subsection (a), a person described by that
30	30	subsection shall register as required by this chapter until the
31	31	10th anniversary of the date the person was last convicted of or
32	32	received a grant of deferred adjudication for an offense described
33	33	by Subsection (a)(1).
34	34	(c) To the extent that funding is available under Article
35	35	61A.06, the department, in cooperation with the Board of Pardons
36	36	and Paroles, the Texas Department of Criminal Justice, and the
37	37	Commission on Jail Standards, by rule shall design and implement a
38	38	system for the registration of persons described by Subsection (a).
39	39	The system must include requirements and procedures for:
40	40	(1) a person described by Subsection (a) to be
41	41	notified, before the person's discharge or release, of the person's
42	42	duty to register with a local law enforcement authority for the
43	43	period required by Subsection (b);
44	44	(2) the person to register or verify registration with
45	45	a local law enforcement authority:
46	46	(A) annually;
47	47	(B) every 90 days if the person is determined by
48	48	the department to be high risk because of the person's status as a
49	49	repeat offender; or
50	50	(C) every 30 days if the person does not have a
51	51	permanent address;
52	52	(3) the person to register with a local law
53	53	enforcement authority not later than five days after the date of a
54	54	change in the person's address;
55	55	(4) the database to track whether a person described
56	56	by Subsection (a) is in compliance with registration requirements;
57	57	(5) a local law enforcement authority to promptly
58	58	forward registration information to the department for use in the
59	59	database;
60	60	(6) the database to track whether a person described
61	61	by Subsection (a) is attending or is planning to attend a public or
62	62	private institution of higher education and, if so, the department
63	63	to promptly forward that information to the applicable institution
64	64	of higher education;
65	65	(7) the inclusion in the database and on the
66	66	department's Internet website of a recent photograph of the person,
67	67	updated annually; and
68	68	(8) the department to update the database daily.
69	69	Art. 61A.03. INFORMATION PROVIDED TO LAW ENFORCEMENT ON
70	70	REQUEST. (a) In this section, "animal control officer" has the
71	71	meaning assigned by Section 829.001, Health and Safety Code.
72	72	(b) The department shall establish a procedure by which a
73	73	peace officer, an animal control officer employed by a county or
74	74	municipality, or an employee of a law enforcement agency who
75	75	provides the department with a driver's license number, personal
76	76	identification certificate number, or license plate number is
77	77	automatically provided information as to whether the person to whom
78	78	the driver's license or personal identification certificate is
79	79	issued is required to register under this chapter or whether the
80	80	license plate number is assigned to a vehicle owned or driven by a
81	81	person required to register under this chapter.
82	82	Art. 61A.04. EXEMPTION FROM REGISTRATION FOR CERTAIN ANIMAL
83	83	CRUELTY OFFENDERS. (a) A person required to register under this
84	84	chapter may petition the court having jurisdiction over the case
85	85	for an order exempting the person from registration under this
86	86	chapter at any time after the person's sentencing or after the
87	87	person is placed on deferred adjudication.
88	88	(b) After a hearing on the petition described by Subsection
89	89	(a), the court may issue an order exempting the person from
90	90	registration under this chapter if the court finds that an
91	91	exemption would be in the best interest of justice.
92	92	(c) An order exempting the person from registration under
93	93	this chapter does not expire, except that the court may withdraw the
94	94	order if after the order is issued the person receives another
95	95	conviction or a grant of deferred adjudication for a misdemeanor or
96	96	felony offense under Section 42.092 or 42.10, Penal Code.
97	97	Art. 61A.05. FAILURE TO COMPLY WITH REGISTRATION
98	98	REQUIREMENTS. (a) A person commits an offense if the person is
99	99	required to register and fails to comply with any requirement of
100	100	this chapter.
101	101	(b) An offense under this article is a Class C misdemeanor.
102	102	Art. 61A.06. FUNDING. The department may solicit and
103	103	accept a gift, grant, or donation from any source, including a
104	104	foundation, private entity, governmental entity, or institution of
105	105	higher education, for the establishment and maintenance of the
106	106	computerized central database described by this chapter and the
107	107	implementation of a related system of registration under this
108	108	chapter. The department shall establish and maintain the database
109	109	and implement the registration system only if sufficient funds are
110	110	available under this article for those purposes.
111	111	SECTION 2. (a) Chapter 61A, Code of Criminal Procedure, as
112	112	added by this Act, applies only to a person who is convicted of or
113	113	receives a grant of deferred adjudication for an offense committed
114	114	on or after the effective date of this Act. A person who is
115	115	convicted of or receives a grant of deferred adjudication for an
116	116	offense committed before the effective date of this Act is governed
117	117	by the law in effect on the date the offense was committed, and the
118	118	former law is continued in effect for that purpose. For purposes of
119	119	this subsection, an offense was committed before the effective date
120	120	of this Act if any element of the offense occurred before that date.
121	121	(b) As soon as practicable after sufficient funding becomes
122	122	available under Article 61A.06, Code of Criminal Procedure, as
123	123	added by this Act:
124	124	(1) the Department of Public Safety shall establish
125	125	the requirements and procedures required by Chapter 61A, Code of
126	126	Criminal Procedure, as added by this Act; and
127	127	(2) the central database required by Chapter 61A, Code
128	128	of Criminal Procedure, as added by this Act, must be designed and
129	129	implemented.
130	130	SECTION 3. This Act takes effect immediately if it receives
131	131	a vote of two-thirds of all the members elected to each house, as
132	132	provided by Section 39, Article III, Texas Constitution. If this
133	133	Act does not receive the vote necessary for immediate effect, this
134	134	Act takes effect September 1, 2015.