Texas 2017 - 85th Regular

Texas Senate Bill SB1242 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: Rodríguez, et al. S.B. No. 1242
2		-	(Burkett)
	1	+	S.B. No. 1242
3	2
4	3
5		-	A BILL TO BE ENTITLED
6	4		AN ACT
7	5		relating to the confidentiality of certain personal information of
8	6		an applicant for or a person protected by a protective order.
9	7		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	8		SECTION 1. Subchapter A, Chapter 82, Family Code, is
11	9		amended by adding Section 82.011 to read as follows:
12	10		Sec. 82.011. CONFIDENTIALITY OF CERTAIN INFORMATION. On
13	11		request by an applicant, the court may protect the applicant's
14	12		mailing address by rendering an order:
15	13		(1) requiring the applicant to:
16	14		(A) disclose the applicant's mailing address to
17	15		the court;
18	16		(B) designate a person to receive on behalf of
19	17		the applicant any notice or documents filed with the court related
20	18		to the application; and
21	19		(C) disclose the designated person's mailing
22	20		address to the court;
23	21		(2) requiring the court clerk to:
24	22		(A) strike the applicant's mailing address from
25	23		the public records of the court, if applicable; and
26	24		(B) maintain a confidential record of the
27	25		applicant's mailing address for use only by the court; and
28	26		(3) prohibiting the release of the information to the
29	27		respondent.
30	28		SECTION 2. Section 82.041(a), Family Code, is amended to
31	29		read as follows:
32	30		(a) A notice of an application for a protective order must:
33	31		(1) be styled "The State of Texas";
34	32		(2) be signed by the clerk of the court under the
35	33		court's seal;
36	34		(3) contain the name and location of the court;
37	35		(4) show the date the application was filed;
38	36		(5) show the date notice of the application for a
39	37		protective order was issued;
40	38		(6) show the date, time, and place of the hearing;
41	39		(7) show the file number;
42	40		(8) show the name of each applicant and each person
43	41		alleged to have committed family violence;
44	42		(9) be directed to each person alleged to have
45	43		committed family violence;
46	44		(10) show:
47	45		(A) the name and address of the attorney for the
48	46		applicant; or
49	47		(B) [the mailing address of the applicant,] if
50	48		the applicant is not represented by an attorney:
51	49		(i) the mailing address of the applicant;
52	50		or
53	51		(ii) if applicable, the name and mailing
54	52		address of the person designated under Section 82.011; and
55	53		(11) contain the address of the clerk of the court.
56	54		SECTION 3. Section 85.007(b), Family Code, is amended to
57	55		read as follows:
58	56		(b) On granting a request for confidentiality under this
59	57		section, the court shall order the clerk to:
60	58		(1) strike the information described by Subsection (a)
61	59		from the public records of the court; and
62	60		(2) maintain a confidential record of the information
63	61		for use only by:
64	62		(A) the court; or
65	63		(B) a law enforcement agency for purposes of
66	64		entering the information required by Section 411.042(b)(6),
67	65		Government Code, into the statewide law enforcement information
68	66		system maintained by the Department of Public Safety.
69	67		SECTION 4. Section 411.042(b), Government Code, is amended
70	68		to read as follows:
71	69		(b) The bureau of identification and records shall:
72	70		(1) procure and file for record photographs, pictures,
73	71		descriptions, fingerprints, measurements, and other pertinent
74	72		information of all persons arrested for or charged with a criminal
75	73		offense or convicted of a criminal offense, regardless of whether
76	74		the conviction is probated;
77	75		(2) collect information concerning the number and
78	76		nature of offenses reported or known to have been committed in the
79	77		state and the legal steps taken in connection with the offenses, and
80	78		other information useful in the study of crime and the
81	79		administration of justice, including information that enables the
82	80		bureau to create a statistical breakdown of:
83	81		(A) offenses in which family violence was
84	82		involved;
85	83		(B) offenses under Sections 22.011 and 22.021,
86	84		Penal Code; and
87	85		(C) offenses under Sections 20A.02 and 43.05,
88	86		Penal Code;
89	87		(3) make ballistic tests of bullets and firearms and
90	88		chemical analyses of bloodstains, cloth, materials, and other
91	89		substances for law enforcement officers of the state;
92	90		(4) cooperate with identification and crime records
93	91		bureaus in other states and the United States Department of
94	92		Justice;
95	93		(5) maintain a list of all previous background checks
96	94		for applicants for any position regulated under Chapter 1702,
97	95		Occupations Code, who have undergone a criminal history background
98	96		check under Section 411.119, if the check indicates a Class B
99	97		misdemeanor or equivalent offense or a greater offense;
100	98		(6) collect information concerning the number and
101	99		nature of protective orders and magistrate's orders of emergency
102	100		protection and all other pertinent information about all persons
103	101		subject to active orders, including pertinent information about
104	102		persons subject to conditions of bond imposed for the protection of
105	103		the victim in any family violence, sexual assault or abuse,
106	104		stalking, or trafficking case. Information in the law enforcement
107	105		information system relating to an active order shall include:
108	106		(A) the name, sex, race, date of birth, personal
109	107		descriptors, address, and county of residence of the person to whom
110	108		the order is directed;
111	109		(B) any known identifying number of the person to
112	110		whom the order is directed, including the person's social security
113	111		number or driver's license number;
114	112		(C) the name and county of residence of the
115	113		person protected by the order;
116	114		(D) the residence address and place of employment
117	115		or business of the person protected by the order, unless that
118	116		information is excluded from the order under [Section 85.007,
119	117		Family Code, or] Article 17.292(e), Code of Criminal Procedure;
120	118		(E) the child-care facility or school where a
121	119		child protected by the order normally resides or which the child
122	120		normally attends, unless that information is excluded from the
123	121		order under [Section 85.007, Family Code, or] Article 17.292(e),
124	122		Code of Criminal Procedure;
125	123		(F) the relationship or former relationship
126	124		between the person who is protected by the order and the person to
127	125		whom the order is directed;
128	126		(G) the conditions of bond imposed on the person
129	127		to whom the order is directed, if any, for the protection of a
130	128		victim in any family violence, sexual assault or abuse, stalking,
131	129		or trafficking case;
132	130		(H) any minimum distance the person subject to
133	131		the order is required to maintain from the protected places or
134	132		persons; and
135	133		(I) the date the order expires;
136	134		(7) grant access to criminal history record
137	135		information in the manner authorized under Subchapter F;
138	136		(8) collect and disseminate information regarding
139	137		offenders with mental impairments in compliance with Chapter 614,
140	138		Health and Safety Code; and
141	139		(9) record data and maintain a state database for a
142	140		computerized criminal history record system and computerized
143	141		juvenile justice information system that serves:
144	142		(A) as the record creation point for criminal
145	143		history record information and juvenile justice information
146	144		maintained by the state; and
147	145		(B) as the control terminal for the entry of
148	146		records, in accordance with federal law and regulations, federal
149	147		executive orders, and federal policy, into the federal database
150	148		maintained by the Federal Bureau of Investigation.
151	149		SECTION 5. Section 82.011, Family Code, as added by this
152	150		Act, applies only to an application for a protective order that is
153	151		filed on or after the effective date of this Act. An application
154	152		for a protective order filed before the effective date of this Act
155	153		is governed by the law in effect on the date the application is
156	154		filed, and the former law is continued in effect for that purpose.
157	155		SECTION 6. Section 85.007, Family Code, and Section
158	156		411.042, Government Code, as amended by this Act, apply to a
159	157		protective order issued on or after the effective date of this Act,
160	158		regardless of whether the conduct on which the order is based
161	159		occurred before, on, or after that date.
162	160		SECTION 7. This Act takes effect September 1, 2017.
	161	+	______________________________ ______________________________
	162	+	President of the Senate Speaker of the House
	163	+	I hereby certify that S.B. No. 1242 passed the Senate on
	164	+	April 19, 2017, by the following vote: Yeas 31, Nays 0.
	165	+	______________________________
	166	+	Secretary of the Senate
	167	+	I hereby certify that S.B. No. 1242 passed the House on
	168	+	May 19, 2017, by the following vote: Yeas 144, Nays 0, two
	169	+	present not voting.
	170	+	______________________________
	171	+	Chief Clerk of the House
	172	+	Approved:
	173	+	______________________________
	174	+	Date
	175	+	______________________________
	176	+	Governor