85R9278 KJE-D
By: RodrÃguez S.B. No. 1700
A BILL TO BE ENTITLED
AN ACT
relating to uniform reporting of information concerning protective
orders, concerning magistrate's orders for emergency protection,
and concerning conditions of bond imposed on a person awaiting
trial in a family violence, sexual assault or abuse, stalking, or
trafficking case.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 5.05, Code of Criminal Procedure, is
amended by amending Subsection (c) and adding Subsection (c-1) to
read as follows:
(c) In order to ensure that officers responding to calls are
aware of the existence and terms of protective orders, each
municipal police department and sheriff shall establish procedures
within the department or office to provide adequate information or
access to information for law enforcement officers of the names of
persons protected by a protective order and of persons to whom
protective orders are directed. The procedures must:
(1) require the information described by Section
411.042(b)(6), Government Code, to be entered into the statewide
law enforcement information system maintained by the Department of
Public Safety; and
(2) comply with the uniform protocols developed under
Section 411.0422, Government Code.
(c-1) Each municipal police department and sheriff shall
establish procedures within the department or office that require
the information described by Section 411.042(b)(7), Government
Code, to be entered into the statewide law enforcement information
system maintained by the Department of Public Safety. The
procedures must comply with the uniform protocols developed under
Section 411.0422, Government Code.
SECTION 2. Article 17.292, Code of Criminal Procedure, is
amended by adding Subsection (g-1) to read as follows:
(g-1) After adapting the page for purposes of this article,
the magistrate shall use the cover page adopted by the supreme court
under Section 85.027, Family Code, for each order for emergency
protection issued under this article.
SECTION 3. Subchapter B, Chapter 85, Family Code, is
amended by adding Section 85.027 to read as follows:
Sec. 85.027. PROTECTIVE ORDER COVER PAGE. (a) To
facilitate the timely entry of information concerning protective
orders into the statewide law enforcement information system
maintained by the Department of Public Safety, the supreme court
shall adopt a cover page that must be used for each protective order
issued under this subtitle.
(b) The cover page must be designed to include the
information required under Section 411.042(b)(6), Government Code.
SECTION 4. Section 86.001(a), Family Code, is amended to
read as follows:
(a) To ensure that law enforcement officers responding to
calls are aware of the existence and terms of protective orders
issued under this subtitle, each law enforcement agency shall
establish procedures in the agency to provide adequate information
or access to information for law enforcement officers of the names
of each person protected by an order issued under this subtitle and
of each person against whom protective orders are directed. The
procedures must comply with the uniform protocols developed under
Section 411.0422, Government Code.
SECTION 5. Section 86.005, Family Code, is amended to read
as follows:
Sec. 86.005. PROTECTIVE ORDER FROM ANOTHER JURISDICTION.
To ensure that law enforcement officers responding to calls are
aware of the existence and terms of a protective order from another
jurisdiction, each law enforcement agency shall establish
procedures in the agency to provide adequate information or access
to information for law enforcement officers regarding the name of
each person protected by an order rendered in another jurisdiction
and of each person against whom the protective order is directed.
The procedures must comply with the uniform protocols developed
under Section 411.0422, Government Code.
SECTION 6. Subchapter C, Chapter 72, Government Code, is
amended by adding Section 72.035 to read as follows:
Sec. 72.035. BOND CONDITIONS REPORTING FORM. (a) The
office shall adopt a form for the reporting by law enforcement
agencies of information concerning the conditions of bond imposed
on a person awaiting trial in any family violence, sexual assault or
abuse, stalking, or trafficking case as provided by Section
411.042(b)(7).
(b) The form must be designed to facilitate the timely entry
of information concerning bond conditions into the statewide law
enforcement information system maintained by the Department of
Public Safety.
SECTION 7. Section 411.042(b), Government Code, is 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;
(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 magistrate's orders of emergency
protection and all other pertinent information about all persons
subject to active 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,
stalking, or trafficking case]. Information in the law enforcement
information system relating to an active order shall include:
(A) the provision of law under which the order is
issued;
(B) the name, sex, race, date of birth, personal
descriptors, address, and county of residence of the person to whom
the order is directed;
(C) [(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;
(D) [(C)] the name and county of residence of the
person protected by the order;
(E) [(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, or Article 17.292(e), Code of Criminal Procedure;
(F) [(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, or Article 17.292(e),
Code of Criminal Procedure;
(G) [(F)] the relationship or former
relationship between the person who is protected by the order and
the person to whom the order is directed;
(H) whether the person to whom the order is
directed has a history of:
(i) violent behavior involving the use of a
weapon; or
(ii) diagnosed mental illness [(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, stalking, or trafficking case];
(I) [(H)] any minimum distance the person
subject to the order is required to maintain from the protected
places or persons; and
(J) [(I)] the date the order expires;
(7) collect information concerning the conditions of
bond imposed on a person awaiting trial in any family violence,
sexual assault or abuse, stalking, or trafficking case;
(8) grant access to criminal history record
information in the manner authorized under Subchapter F;
(9) [(8)] collect and disseminate information
regarding offenders with mental impairments in compliance with
Chapter 614, Health and Safety Code; and
(10) [(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.
SECTION 8. Subchapter D, Chapter 411, Government Code, is
amended by adding Sections 411.0422 and 411.0423 to read as
follows:
Sec. 411.0422. UNIFORM REPORTING OF CERTAIN INFORMATION.
(a) The department shall adopt a form for the reporting by law
enforcement agencies of information concerning protective orders
and magistrate's orders for emergency protection. The form must:
(1) be designed to facilitate the timely entry of
information concerning those orders into the statewide law
enforcement information system maintained by the department; and
(2) include spaces to report all information required
under Section 411.042(b)(6).
(b) The department, the Office of Court Administration of
the Texas Judicial System, and the State Bar of Texas, with input
from relevant advocacy groups, jointly shall develop uniform
protocols for the reporting by law enforcement agencies of
information required by Sections 411.042(b)(6) and (7).
(c) The protocols developed under Subsection (b) must
require law enforcement agencies to report information required
under Sections 411.042(b)(6) and (7) using the applicable form
adopted by the department under Subsection (a) or by the Office of
Court Administration of the Texas Judicial System under Section
72.035.
Sec. 411.0423. REPORT RELATED TO PROTECTIVE ORDERS. (a)
The department shall annually post on the department's Internet
website a report on the number of protective orders or magistrate's
orders for emergency protection reported to the department during
the preceding year. The report must:
(1) be disaggregated by the provision of law under
which the order is issued and the county in which the issuing court
is located; and
(2) compare the number of protective orders or
magistrate's orders for emergency protection reported to the
department with the number of those orders reported to the Office of
Court Administration of the Texas Judicial System during that year.
(b) The department may coordinate with the Office of Court
Administration of the Texas Judicial System as necessary to prepare
the report required under Subsection (a).
SECTION 9. Section 411.0845(i), Government Code, is amended
to read as follows:
(i) The release under this section of any criminal history
record information maintained by the Federal Bureau of
Investigation, including the computerized information submitted to
the federal database maintained by the Federal Bureau of
Investigation as described by Section 411.042(b)(10)(B)
[411.042(b)(9)(B)], is subject to federal law and regulations,
federal executive orders, and federal policy.
SECTION 10. (a) Not later than September 1, 2017:
(1) the Supreme Court of Texas shall adopt the cover
page required under Section 85.027, Family Code, as added by this
Act;
(2) the Office of Court Administration of the Texas
Judicial System shall adopt the form required under Section 72.035,
Government Code, as added by this Act; and
(3) the Department of Public Safety of the State of
Texas shall adopt the form required under Section 411.0422(a),
Government Code, as added by this Act.
(b) Not later than October 1, 2017, the Department of Public
Safety of the State of Texas, the Office of Court Administration of
the Texas Judicial System, and the State Bar of Texas shall develop
the uniform protocols required under Section 411.0422, Government
Code, as added by this Act.
(c) Not later than November 1, 2017, each law enforcement
agency shall comply with the uniform protocols required under
Section 411.0422, Government Code, as added by this Act.
(d) Not later than November 1, 2018, the Department of
Public Safety of the State of Texas shall post on the department's
Internet website the initial report required under Section
411.0423, Government Code, as added by this Act.
SECTION 11. (a) Except as provided by Subsection (b) of
this section, this Act takes effect September 1, 2017.
(b) Section 411.042(b), Government Code, as amended by this
Act, takes effect November 1, 2017.