Texas 2017 - 85th Regular

Texas House Bill HB525 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	85R55 KJE-F
2	1		By: Villalba, Alvarado, Morrison, H.B. No. 525
3		-	Thompson of Harris
	2	+	Thompson of Harris, et al.
4	3
5	4
6	5		A BILL TO BE ENTITLED
7	6		AN ACT
8		-	relating to a central database containing information about
9		-	offenders who have committed certain violent offenses against
10		-	children or offenses involving family or dating violence.
	7	+	relating to databases that contain information regarding certain
	8	+	violent offenses or filed protective orders.
11	9		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	10		SECTION 1. Article 42.015(a), Code of Criminal Procedure,
13	11		is amended to read as follows:
14	12		(a) In the trial of an offense under Title 5 [Section 20.02,
15	13		20.03, or 20.04], Penal Code, or an attempt, conspiracy, or
16	14		solicitation to commit one of those offenses, the judge shall make
17	15		an affirmative finding of fact and enter the affirmative finding in
18	16		the judgment in the case if the judge determines that the victim or
19	17		intended victim was younger than 17 years of age at the time of the
20	18		offense.
21		-	SECTION 2. Section 411.088(b), Government Code, is amended
	19	+	SECTION 2. Chapter 72, Government Code, is amended by
	20	+	adding Subchapter G to read as follows:
	21	+	SUBCHAPTER G. PROTECTIVE ORDER DATABASE
	22	+	Sec. 72.201. If funds are provided by grants offered by the
	23	+	Criminal Justice Division in the Office of the Governor, the Office
	24	+	of Court Administration, in cooperation with the Department of
	25	+	Public Safety and the courts of this state, shall work to establish
	26	+	a protective order database that contains information for a
	27	+	protective order filed under Chapter 82, Family Code, or Article
	28	+	17.292, Code of Criminal Procedure, and a protective order issued
	29	+	under Chapter 83 or 85, Family Code, or Article 17.292, Code of
	30	+	Criminal Procedure.
	31	+	Sec. 72.202. (a) The database shall include both a portal
	32	+	for governmental entities and a portal for the public.
	33	+	(b) A publicly accessible database must consist of:
	34	+	(1) the court that issued the protective order;
	35	+	(2) the case number;
	36	+	(3) the full name, county of residence, birth year,
	37	+	and race or ethnicity of the person who is the subject of the
	38	+	protective order;
	39	+	(4) the dates the protective order was issued and
	40	+	served;
	41	+	(5) the date the protective order was vacated, if
	42	+	applicable; and
	43	+	(6) the date the protective order expires.
	44	+	(c) Information for governmental entities shall include all
	45	+	information in the application and may only be viewed by officers of
	46	+	the court and their staff, a district attorney, criminal district
	47	+	attorney, county attorney, the Title IV-D agency, an entity that
	48	+	receives federal domestic violence funds, or a licensed peace
	49	+	officer, all during the course of normal business.
	50	+	SECTION 3. Section 411.088(b), Government Code, is amended
22	51		to read as follows:
23	52		(b) The department may not charge for processing an
24	53		electronic inquiry, made through the use of the Internet, for
25	54		information described as public information under:
26	55		(1) Section 411.1355; or
27	56		(2) Article 62.005, Code of Criminal Procedure[, made
28	57		through the use of the Internet].
29		-	SECTION 3. Section 411.135(a), Government Code, is amended
	58	+	SECTION 4. Section 411.135(a), Government Code, is amended
30	59		to read as follows:
31	60		(a) Any person is entitled to obtain from the department:
32	61		(1) any information described as public information
33	62		under Chapter 62, Code of Criminal Procedure, including, to the
34	63		extent available, a recent photograph of each person subject to
35	64		registration under that chapter; [and]
36	65		(2) criminal history record information maintained by
37	66		the department that relates to the conviction of or a grant of
38	67		deferred adjudication to a person for any criminal offense,
39	68		including arrest information that relates to the conviction or
40	69		grant of deferred adjudication; and
41	70		(3) any information described as public information
42	71		under Section 411.1355.
43		-	SECTION 4. Subchapter F, Chapter 411, Government Code, is
	72	+	SECTION 5. Subchapter F, Chapter 411, Government Code, is
44	73		amended by adding Section 411.1355 to read as follows:
45	74		Sec. 411.1355. CENTRAL DATABASE OF OFFENDERS WHO HAVE
46	75		COMMITTED CERTAIN VIOLENT OFFENSES. (a) The department shall
47	76		maintain a computerized central database containing information
48	77		regarding persons who:
49		-	(1) on three or more occasions have been convicted of
50		-	an offense for which an affirmative finding was made under Article
51		-	42.013 or 42.015, Code of Criminal Procedure; and
	78	+	(1) on three or more occasions have been convicted of:
	79	+	(A) an offense for which an affirmative finding
	80	+	was made under Article 42.013 or 42.015, Code of Criminal
	81	+	Procedure;
	82	+	(B) an offense under Section 21.16, Penal Code,
	83	+	as added by Chapter 852 (S.B. 1135), Acts of the 84th Legislature,
	84	+	Regular Session, 2015; or
	85	+	(C) any combination of offenses described by
	86	+	Paragraph (A) or (B); and
52	87		(2) were 17 years of age or older on the date at least
53	88		three of the offenses described by Subdivision (1) were committed.
54	89		(b) The information contained in the database is public
55	90		information, with the exception of any information:
56	91		(1) regarding the person's social security number,
57	92		driver's license number, or telephone number; or
58		-	(2) that would identify the victim of the offense with
59		-	respect to which the applicable affirmative finding was made.
	93	+	(2) that would identify the victim of the offense.
60	94		(c) The database maintained by the department under this
61	95		section must contain, to the extent the information is available to
62	96		the department:
63	97		(1) the person's full name, each alias used by the
64	98		person, and the person's date of birth;
65	99		(2) a physical description and recent photograph of
66	100		the person;
67		-	(3) a list of offenses for which the person was
68		-	convicted and for which the court made an affirmative finding under
69		-	Article 42.013 or 42.015, Code of Criminal Procedure, the date of
70		-	conviction for each offense, and the punishment prescribed for each
71		-	offense; and
	101	+	(3) a list of offenses described by Subsection (a) for
	102	+	which the person was convicted, the date of conviction for each
	103	+	offense, and the punishment prescribed for each offense; and
72	104		(4) an indication as to whether the person was
73	105		discharged, placed on community supervision, or released on parole
74	106		or to mandatory supervision following the conviction for each
75	107		offense.
76	108		(d) The department shall permit a person whose name is
77	109		included in the database established under this section to petition
78	110		the department for removal of the person's name from the database,
79	111		and the department shall remove the person's name from the database
80	112		in response to the petition if:
81	113		(1) an order of expunction is issued under Chapter 55,
82	114		Code of Criminal Procedure, with respect to one of the offenses
83	115		described by Subsection (a), unless the person has three or more
84	116		other convictions for an offense described by that subsection; or
85	117		(2) during the seven-year period preceding the date of
86	118		the petition, the person is not convicted of an offense described by
87	119		Subsection (a).
88	120		(e) On the website through which a person may search the
89	121		database described by this section, the department shall include
90	122		information regarding:
91	123		(1) the manner in which a person may petition the
92	124		department for removal of the person's name from the database;
93	125		(2) the circumstances under which the department will
94	126		grant the petition; and
95	127		(3) contact information for family violence
96	128		organizations.
97	129		(f) The department shall consult with a representative of a
98	130		statewide advocacy organization for issues related to family
99	131		violence regarding implementation of the database and the
100	132		information required to be included on the database website under
101	133		Subsection (e)(3).
102		-	SECTION 5. The central database required by Section
	134	+	SECTION 6. Not later than September 1, 2018, the Office of
	135	+	Court Administration shall work to establish the database required
	136	+	by Subchapter G, Chapter 72, Government Code, as added by this Act.
	137	+	SECTION 7. The central database required by Section
103	138		411.1355, Government Code, as added by this Act, must be designed
104	139		and implemented not later than January 1, 2018, and may only include
105	140		information concerning persons convicted of at least one offense
106		-	committed on or after ~~the effective date of this Act for which an~~
107		-	~~affirmative finding is made under Article 42.013 or 42.015, Code~~ of
108		-	~~Criminal Procedure~~. For purposes of this section, an ~~offense was~~
109		-	committed on or after the effective date of this Act if ~~each element~~
110		-	of the offense occurred on or after that date.
111		-	SECTION 6. This Act takes effect immediately if it receives
	141	+	described by Subsection (a) of that section committed on or after
	142	+	the effective date of this Act
	143	+	. For purposes of this section, an
	144	+	offense was committed on or after the effective date of this Act if
	145	+	each element of the offense occurred on or after that date.
	146	+	SECTION 8. This Act takes effect immediately if it receives
112	147		a vote of two-thirds of all the members elected to each house, as
113	148		provided by Section 39, Article III, Texas Constitution. If this
114	149		Act does not receive the vote necessary for immediate effect, this
115	150		Act takes effect September 1, 2017.