Texas 2017 - 85th Regular

Texas Senate Bill SB1700 Compare Versions

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

Old	New	Differences
1	1	85R9278 KJE-D
2	2	By: Rodríguez S.B. No. 1700
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to uniform reporting of information concerning protective
8	8	orders, concerning magistrate's orders for emergency protection,
9	9	and concerning conditions of bond imposed on a person awaiting
10	10	trial in a family violence, sexual assault or abuse, stalking, or
11	11	trafficking case.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Article 5.05, Code of Criminal Procedure, is
14	14	amended by amending Subsection (c) and adding Subsection (c-1) to
15	15	read as follows:
16	16	(c) In order to ensure that officers responding to calls are
17	17	aware of the existence and terms of protective orders, each
18	18	municipal police department and sheriff shall establish procedures
19	19	within the department or office to provide adequate information or
20	20	access to information for law enforcement officers of the names of
21	21	persons protected by a protective order and of persons to whom
22	22	protective orders are directed. The procedures must:
23	23	(1) require the information described by Section
24	24	411.042(b)(6), Government Code, to be entered into the statewide
25	25	law enforcement information system maintained by the Department of
26	26	Public Safety; and
27	27	(2) comply with the uniform protocols developed under
28	28	Section 411.0422, Government Code.
29	29	(c-1) Each municipal police department and sheriff shall
30	30	establish procedures within the department or office that require
31	31	the information described by Section 411.042(b)(7), Government
32	32	Code, to be entered into the statewide law enforcement information
33	33	system maintained by the Department of Public Safety. The
34	34	procedures must comply with the uniform protocols developed under
35	35	Section 411.0422, Government Code.
36	36	SECTION 2. Article 17.292, Code of Criminal Procedure, is
37	37	amended by adding Subsection (g-1) to read as follows:
38	38	(g-1) After adapting the page for purposes of this article,
39	39	the magistrate shall use the cover page adopted by the supreme court
40	40	under Section 85.027, Family Code, for each order for emergency
41	41	protection issued under this article.
42	42	SECTION 3. Subchapter B, Chapter 85, Family Code, is
43	43	amended by adding Section 85.027 to read as follows:
44	44	Sec. 85.027. PROTECTIVE ORDER COVER PAGE. (a) To
45	45	facilitate the timely entry of information concerning protective
46	46	orders into the statewide law enforcement information system
47	47	maintained by the Department of Public Safety, the supreme court
48	48	shall adopt a cover page that must be used for each protective order
49	49	issued under this subtitle.
50	50	(b) The cover page must be designed to include the
51	51	information required under Section 411.042(b)(6), Government Code.
52	52	SECTION 4. Section 86.001(a), Family Code, is amended to
53	53	read as follows:
54	54	(a) To ensure that law enforcement officers responding to
55	55	calls are aware of the existence and terms of protective orders
56	56	issued under this subtitle, each law enforcement agency shall
57	57	establish procedures in the agency to provide adequate information
58	58	or access to information for law enforcement officers of the names
59	59	of each person protected by an order issued under this subtitle and
60	60	of each person against whom protective orders are directed. The
61	61	procedures must comply with the uniform protocols developed under
62	62	Section 411.0422, Government Code.
63	63	SECTION 5. Section 86.005, Family Code, is amended to read
64	64	as follows:
65	65	Sec. 86.005. PROTECTIVE ORDER FROM ANOTHER JURISDICTION.
66	66	To ensure that law enforcement officers responding to calls are
67	67	aware of the existence and terms of a protective order from another
68	68	jurisdiction, each law enforcement agency shall establish
69	69	procedures in the agency to provide adequate information or access
70	70	to information for law enforcement officers regarding the name of
71	71	each person protected by an order rendered in another jurisdiction
72	72	and of each person against whom the protective order is directed.
73	73	The procedures must comply with the uniform protocols developed
74	74	under Section 411.0422, Government Code.
75	75	SECTION 6. Subchapter C, Chapter 72, Government Code, is
76	76	amended by adding Section 72.035 to read as follows:
77	77	Sec. 72.035. BOND CONDITIONS REPORTING FORM. (a) The
78	78	office shall adopt a form for the reporting by law enforcement
79	79	agencies of information concerning the conditions of bond imposed
80	80	on a person awaiting trial in any family violence, sexual assault or
81	81	abuse, stalking, or trafficking case as provided by Section
82	82	411.042(b)(7).
83	83	(b) The form must be designed to facilitate the timely entry
84	84	of information concerning bond conditions into the statewide law
85	85	enforcement information system maintained by the Department of
86	86	Public Safety.
87	87	SECTION 7. Section 411.042(b), Government Code, is amended
88	88	to read as follows:
89	89	(b) The bureau of identification and records shall:
90	90	(1) procure and file for record photographs, pictures,
91	91	descriptions, fingerprints, measurements, and other pertinent
92	92	information of all persons arrested for or charged with a criminal
93	93	offense or convicted of a criminal offense, regardless of whether
94	94	the conviction is probated;
95	95	(2) collect information concerning the number and
96	96	nature of offenses reported or known to have been committed in the
97	97	state and the legal steps taken in connection with the offenses, and
98	98	other information useful in the study of crime and the
99	99	administration of justice, including information that enables the
100	100	bureau to create a statistical breakdown of:
101	101	(A) offenses in which family violence was
102	102	involved;
103	103	(B) offenses under Sections 22.011 and 22.021,
104	104	Penal Code; and
105	105	(C) offenses under Sections 20A.02 and 43.05,
106	106	Penal Code;
107	107	(3) make ballistic tests of bullets and firearms and
108	108	chemical analyses of bloodstains, cloth, materials, and other
109	109	substances for law enforcement officers of the state;
110	110	(4) cooperate with identification and crime records
111	111	bureaus in other states and the United States Department of
112	112	Justice;
113	113	(5) maintain a list of all previous background checks
114	114	for applicants for any position regulated under Chapter 1702,
115	115	Occupations Code, who have undergone a criminal history background
116	116	check under Section 411.119, if the check indicates a Class B
117	117	misdemeanor or equivalent offense or a greater offense;
118	118	(6) collect information concerning the number and
119	119	nature of protective orders and magistrate's orders of emergency
120	120	protection and all other pertinent information about all persons
121	121	subject to active orders[, including pertinent information about
122	122	persons subject to conditions of bond imposed for the protection of
123	123	the victim in any family violence, sexual assault or abuse,
124	124	stalking, or trafficking case]. Information in the law enforcement
125	125	information system relating to an active order shall include:
126	126	(A) the provision of law under which the order is
127	127	issued;
128	128	(B) the name, sex, race, date of birth, personal
129	129	descriptors, address, and county of residence of the person to whom
130	130	the order is directed;
131	131	(C) [(B)] any known identifying number of the
132	132	person to whom the order is directed, including the person's social
133	133	security number or driver's license number;
134	134	(D) [(C)] the name and county of residence of the
135	135	person protected by the order;
136	136	(E) [(D)] the residence address and place of
137	137	employment or business of the person protected by the order, unless
138	138	that information is excluded from the order under Section 85.007,
139	139	Family Code, or Article 17.292(e), Code of Criminal Procedure;
140	140	(F) [(E)] the child-care facility or school
141	141	where a child protected by the order normally resides or which the
142	142	child normally attends, unless that information is excluded from
143	143	the order under Section 85.007, Family Code, or Article 17.292(e),
144	144	Code of Criminal Procedure;
145	145	(G) [(F)] the relationship or former
146	146	relationship between the person who is protected by the order and
147	147	the person to whom the order is directed;
148	148	(H) whether the person to whom the order is
149	149	directed has a history of:
150	150	(i) violent behavior involving the use of a
151	151	weapon; or
152	152	(ii) diagnosed mental illness [(G) the
153	153	conditions of bond imposed on the person to whom the order is
154	154	directed, if any, for the protection of a victim in any family
155	155	violence, sexual assault or abuse, stalking, or trafficking case];
156	156	(I) [(H)] any minimum distance the person
157	157	subject to the order is required to maintain from the protected
158	158	places or persons; and
159	159	(J) [(I)] the date the order expires;
160	160	(7) collect information concerning the conditions of
161	161	bond imposed on a person awaiting trial in any family violence,
162	162	sexual assault or abuse, stalking, or trafficking case;
163	163	(8) grant access to criminal history record
164	164	information in the manner authorized under Subchapter F;
165	165	(9) [(8)] collect and disseminate information
166	166	regarding offenders with mental impairments in compliance with
167	167	Chapter 614, Health and Safety Code; and
168	168	(10) [(9)] record data and maintain a state database
169	169	for a computerized criminal history record system and computerized
170	170	juvenile justice information system that serves:
171	171	(A) as the record creation point for criminal
172	172	history record information and juvenile justice information
173	173	maintained by the state; and
174	174	(B) as the control terminal for the entry of
175	175	records, in accordance with federal law and regulations, federal
176	176	executive orders, and federal policy, into the federal database
177	177	maintained by the Federal Bureau of Investigation.
178	178	SECTION 8. Subchapter D, Chapter 411, Government Code, is
179	179	amended by adding Sections 411.0422 and 411.0423 to read as
180	180	follows:
181	181	Sec. 411.0422. UNIFORM REPORTING OF CERTAIN INFORMATION.
182	182	(a) The department shall adopt a form for the reporting by law
183	183	enforcement agencies of information concerning protective orders
184	184	and magistrate's orders for emergency protection. The form must:
185	185	(1) be designed to facilitate the timely entry of
186	186	information concerning those orders into the statewide law
187	187	enforcement information system maintained by the department; and
188	188	(2) include spaces to report all information required
189	189	under Section 411.042(b)(6).
190	190	(b) The department, the Office of Court Administration of
191	191	the Texas Judicial System, and the State Bar of Texas, with input
192	192	from relevant advocacy groups, jointly shall develop uniform
193	193	protocols for the reporting by law enforcement agencies of
194	194	information required by Sections 411.042(b)(6) and (7).
195	195	(c) The protocols developed under Subsection (b) must
196	196	require law enforcement agencies to report information required
197	197	under Sections 411.042(b)(6) and (7) using the applicable form
198	198	adopted by the department under Subsection (a) or by the Office of
199	199	Court Administration of the Texas Judicial System under Section
200	200	72.035.
201	201	Sec. 411.0423. REPORT RELATED TO PROTECTIVE ORDERS. (a)
202	202	The department shall annually post on the department's Internet
203	203	website a report on the number of protective orders or magistrate's
204	204	orders for emergency protection reported to the department during
205	205	the preceding year. The report must:
206	206	(1) be disaggregated by the provision of law under
207	207	which the order is issued and the county in which the issuing court
208	208	is located; and
209	209	(2) compare the number of protective orders or
210	210	magistrate's orders for emergency protection reported to the
211	211	department with the number of those orders reported to the Office of
212	212	Court Administration of the Texas Judicial System during that year.
213	213	(b) The department may coordinate with the Office of Court
214	214	Administration of the Texas Judicial System as necessary to prepare
215	215	the report required under Subsection (a).
216	216	SECTION 9. Section 411.0845(i), Government Code, is amended
217	217	to read as follows:
218	218	(i) The release under this section of any criminal history
219	219	record information maintained by the Federal Bureau of
220	220	Investigation, including the computerized information submitted to
221	221	the federal database maintained by the Federal Bureau of
222	222	Investigation as described by Section 411.042(b)(10)(B)
223	223	[411.042(b)(9)(B)], is subject to federal law and regulations,
224	224	federal executive orders, and federal policy.
225	225	SECTION 10. (a) Not later than September 1, 2017:
226	226	(1) the Supreme Court of Texas shall adopt the cover
227	227	page required under Section 85.027, Family Code, as added by this
228	228	Act;
229	229	(2) the Office of Court Administration of the Texas
230	230	Judicial System shall adopt the form required under Section 72.035,
231	231	Government Code, as added by this Act; and
232	232	(3) the Department of Public Safety of the State of
233	233	Texas shall adopt the form required under Section 411.0422(a),
234	234	Government Code, as added by this Act.
235	235	(b) Not later than October 1, 2017, the Department of Public
236	236	Safety of the State of Texas, the Office of Court Administration of
237	237	the Texas Judicial System, and the State Bar of Texas shall develop
238	238	the uniform protocols required under Section 411.0422, Government
239	239	Code, as added by this Act.
240	240	(c) Not later than November 1, 2017, each law enforcement
241	241	agency shall comply with the uniform protocols required under
242	242	Section 411.0422, Government Code, as added by this Act.
243	243	(d) Not later than November 1, 2018, the Department of
244	244	Public Safety of the State of Texas shall post on the department's
245	245	Internet website the initial report required under Section
246	246	411.0423, Government Code, as added by this Act.
247	247	SECTION 11. (a) Except as provided by Subsection (b) of
248	248	this section, this Act takes effect September 1, 2017.
249	249	(b) Section 411.042(b), Government Code, as amended by this
250	250	Act, takes effect November 1, 2017.