85R2935 JCG-F
By: Farrar H.B. No. 749
A BILL TO BE ENTITLED
AN ACT
relating to a central database containing information about certain
persons who have been convicted of or received a grant of deferred
adjudication community supervision for certain offenses involving
animal cruelty; creating a criminal offense.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Title 1, Code of Criminal Procedure, is amended
by adding Chapter 61A to read as follows:
CHAPTER 61A. ANIMAL CRUELTY REGISTRATION PROGRAM
Art. 61A.01. DEFINITIONS. In this chapter:
(1) "Department" means the Department of Public
Safety.
(2) "Local law enforcement authority" and "penal
institution" have the meanings assigned by Article 62.001.
Art. 61A.02. CENTRAL DATABASE. (a) To the extent that
funding is available under Article 61A.06, the department shall
establish and maintain a computerized central database containing
information regarding persons who:
(1) have been convicted of or received a grant of
deferred adjudication community supervision for one or more felony
offenses under Section 42.092 or 42.10, Penal Code; and
(2) were 17 years of age or older at the time of the
offense.
(b) If a computerized central database is established by the
department under Subsection (a), a person described by that
subsection shall register as required by this chapter until the
10th anniversary of the date the person was last convicted of or
received a grant of deferred adjudication community supervision for
an offense described by Subsection (a)(1).
(c) To the extent that funding is available under Article
61A.06, the department, in cooperation with the Board of Pardons
and Paroles, the Texas Department of Criminal Justice, and the
Commission on Jail Standards, by rule shall design and implement a
system for the registration of persons described by Subsection (a).
The system must include requirements and procedures for:
(1) a person described by Subsection (a) to be
notified, before the person's discharge or release, of the person's
duty to register with a local law enforcement authority for the
period required by Subsection (b);
(2) the person to register or verify registration with
a local law enforcement authority:
(A) annually;
(B) every 90 days if the person is determined by
the department to be high risk because of the person's status as a
repeat offender; or
(C) every 30 days if the person does not have a
permanent address;
(3) the person to register with a local law
enforcement authority not later than five days after the date of a
change in the person's address;
(4) the database to track whether a person described
by Subsection (a) is in compliance with registration requirements;
(5) a local law enforcement authority to promptly
forward registration information to the department for use in the
database;
(6) the database to track whether a person described
by Subsection (a) is attending or is planning to attend a public or
private institution of higher education and, if so, the department
to promptly forward that information to the applicable institution
of higher education;
(7) the inclusion in the database and on the
department's Internet website of a recent photograph of the person,
updated annually; and
(8) the department to update the database daily.
Art. 61A.03. INFORMATION PROVIDED TO LAW ENFORCEMENT ON
REQUEST. (a) In this article, "animal control officer" has the
meaning assigned by Section 829.001, Health and Safety Code.
(b) The department shall establish a procedure by which a
peace officer, an animal control officer employed by a county or
municipality, or an employee of a law enforcement agency who
provides the department with a driver's license number, personal
identification certificate number, or license plate number is
automatically provided information as to whether the person to whom
the driver's license or personal identification certificate is
issued is required to register under this chapter or whether the
license plate number is assigned to a vehicle owned or driven by a
person required to register under this chapter.
Art. 61A.04. EXEMPTION FROM REGISTRATION FOR CERTAIN ANIMAL
CRUELTY OFFENDERS. (a) A person required to register under this
chapter may petition the court having jurisdiction over the case
for an order exempting the person from registration under this
chapter at any time after the person's sentencing or after the
person is placed on deferred adjudication community supervision.
(b) After a hearing on the petition described by Subsection
(a), the court may issue an order exempting the person from
registration under this chapter if the court finds that an
exemption would be in the best interest of justice.
(c) An order exempting the person from registration under
this chapter does not expire, except that the court may withdraw the
order if after the order is issued the person receives another
conviction or a grant of deferred adjudication community
supervision for a misdemeanor or felony offense under Section
42.092 or 42.10, Penal Code.
Art. 61A.05. FAILURE TO COMPLY WITH REGISTRATION
REQUIREMENTS; OFFENSE. (a) A person commits an offense if the
person is required to register and fails to comply with any
requirement of this chapter.
(b) An offense under this article is a Class C misdemeanor.
Art. 61A.06. FUNDING. The department may solicit and
accept a gift, grant, or donation from any source, including a
foundation, private entity, governmental entity, or institution of
higher education, for the establishment and maintenance of the
computerized central database described by this chapter and the
implementation of a related system of registration under this
chapter. The department shall establish and maintain the database
and implement the registration system only if sufficient funds are
available under this article for those purposes.
SECTION 2. (a) Chapter 61A, Code of Criminal Procedure, as
added by this Act, applies only to a person who is convicted of or
receives a grant of deferred adjudication community supervision for
an offense committed on or after the effective date of this Act. A
person who is convicted of or receives a grant of deferred
adjudication community supervision for an offense committed before
the effective date of this Act is governed by the law in effect on
the date the offense was committed, and the former law is continued
in effect for that purpose. For purposes of this subsection, an
offense was committed before the effective date of this Act if any
element of the offense occurred before that date.
(b) As soon as practicable after sufficient funding becomes
available under Article 61A.06, Code of Criminal Procedure, as
added by this Act:
(1) the Department of Public Safety shall establish
the requirements and procedures required by Chapter 61A, Code of
Criminal Procedure, as added by this Act; and
(2) the central database required by Chapter 61A, Code
of Criminal Procedure, as added by this Act, must be designed and
implemented.
SECTION 3. 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, 2017.