| 1 | 1 | | 86R13646 TSS-D |
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| 2 | 2 | | By: Murphy H.B. No. 3109 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to certain entities' access to information in criminal |
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| 8 | 8 | | justice information databases. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Article 66.201, Code of Criminal Procedure, is |
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| 11 | 11 | | amended to read as follows: |
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| 12 | 12 | | Art. 66.201. ACCESS TO DATABASES BY CRIMINAL JUSTICE |
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| 13 | 13 | | AGENCIES AND OTHER ENTITIES. (a) The following entities [Criminal |
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| 14 | 14 | | justice agencies, the Legislative Budget Board, and the council] |
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| 15 | 15 | | are entitled to access the databases of the Department of Public |
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| 16 | 16 | | Safety, the Texas Juvenile Justice Department, and the Texas |
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| 17 | 17 | | Department of Criminal Justice in accordance with applicable state |
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| 18 | 18 | | or federal law or regulations: |
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| 19 | 19 | | (1) criminal justice agencies; |
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| 20 | 20 | | (2) the Legislative Budget Board; |
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| 21 | 21 | | (3) the council; and |
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| 22 | 22 | | (4) an individual or an agency that has a specific |
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| 23 | 23 | | agreement with a criminal justice agency to provide services |
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| 24 | 24 | | required for the administration of criminal justice under that |
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| 25 | 25 | | agreement, if the agreement: |
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| 26 | 26 | | (A) specifically authorizes access to |
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| 27 | 27 | | information; |
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| 28 | 28 | | (B) limits the use of information to the purposes |
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| 29 | 29 | | for which it is given; |
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| 30 | 30 | | (C) ensures the security and confidentiality of |
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| 31 | 31 | | the information; |
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| 32 | 32 | | (D) provides for sanctions if a requirement |
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| 33 | 33 | | imposed under Paragraph (A), (B), or (C) is violated; and |
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| 34 | 34 | | (E) requires the individual or agency to perform |
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| 35 | 35 | | the applicable services in a manner prescribed by the Department of |
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| 36 | 36 | | Public Safety. |
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| 37 | 37 | | (b) The access granted by this article does not entitle an |
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| 38 | 38 | | entity authorized to access information under Subsection (a) [a |
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| 39 | 39 | | criminal justice agency, the Legislative Budget Board, or the |
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| 40 | 40 | | council] to add, delete, or alter data maintained by another entity |
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| 41 | 41 | | [agency]. |
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| 42 | 42 | | SECTION 2. Article 66.203, Code of Criminal Procedure, is |
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| 43 | 43 | | amended to read as follows: |
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| 44 | 44 | | Art. 66.203. PUBLIC DISCLOSURE OF DATA PROHIBITED. An |
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| 45 | 45 | | entity authorized to access information under Article 66.201(a) [A |
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| 46 | 46 | | criminal justice agency, the council, and the Legislative Budget |
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| 47 | 47 | | Board] may not disclose to the public information in an |
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| 48 | 48 | | individual's criminal history record if the record is protected by |
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| 49 | 49 | | state or federal law or regulation. |
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| 50 | 50 | | SECTION 3. This Act takes effect September 1, 2019. |
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