Texas 2019 - 86th Regular

Texas House Bill HB3637 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	~~86R19908~~ MEW-F
	1	+	86R13130 MEW-F
2	2		By: Guillen H.B. No. 3637
3		-	Substitute the following for H.B. No. 3637:
4		-	By: Moody C.S.H.B. No. 3637
5	3
6	4
7	5		A BILL TO BE ENTITLED
8	6		AN ACT
9	7		relating to the confidentiality of certain personal information of
10	8		a person protected by a magistrate's order for emergency
11	9		protection.
12	10		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	11		SECTION 1. Chapter 17, Code of Criminal Procedure, is
14	12		amended by adding Article 17.294 to read as follows:
15	13		Art. 17.294. CONFIDENTIALITY OF CERTAIN INFORMATION IN
16	14		ORDER FOR EMERGENCY PROTECTION. On request by a person protected by
17	15		an order for emergency protection issued under Article 17.292, or
18	16		if determined necessary by the magistrate, the court issuing the
19	17		order may protect the person's mailing address by rendering an
20	18		order:
21	19		(1) requiring the person protected under the order to:
22	20		(A) disclose the person's mailing address to the
23	21		court;
24	22		(B) designate another person to receive on behalf
25	23		of the person any notice or documents filed with the court related
26	24		to the order; and
27	25		(C) disclose the designated person's mailing
28	26		address to the court;
29	27		(2) requiring the court clerk to:
30	28		(A) strike the mailing address of the person
31	29		protected by the order from the public records of the court, if
32	30		applicable; and
33	31		(B) maintain a confidential record of the mailing
34	32		address for use only by:
35	33		(i) the court; or
36	34		(ii) a law enforcement agency for purposes
37	35		of entering the information required by Section 411.042(b)(6),
38	36		Government Code, into the statewide law enforcement information
39	37		system maintained by the Department of Public Safety; and
40	38		(3) prohibiting the release of the information to the
41	39		defendant.
42		-	SECTION 2. Section 411.042(b), Government Code, is amended
	40	+	SECTION 2. Article 17.49, Code of Criminal Procedure, is
	41	+	amended by adding Subsection (c-1) to read as follows:
	42	+	(c-1) Notwithstanding Subsections (b) and (c), if a
	43	+	specific description of a location is omitted under Article
	44	+	17.292(e) or a mailing address is protected under Article 17.294,
	45	+	in the order under this article, the court may designate a general
	46	+	geographic area in which the omitted location or protected address
	47	+	is located that the defendant may not enter. The geographic area
	48	+	designated by the court must be of a sufficient size that it would
	49	+	be difficult for the defendant to locate the victim within that
	50	+	area.
	51	+	SECTION 3. Section 411.042(b), Government Code, is amended
43	52		to read as follows:
44	53		(b) The bureau of identification and records shall:
45	54		(1) procure and file for record photographs, pictures,
46	55		descriptions, fingerprints, measurements, and other pertinent
47	56		information of all persons arrested for or charged with a criminal
48	57		offense or convicted of a criminal offense, regardless of whether
49	58		the conviction is probated;
50	59		(2) collect information concerning the number and
51	60		nature of offenses reported or known to have been committed in the
52	61		state and the legal steps taken in connection with the offenses, and
53	62		other information useful in the study of crime and the
54	63		administration of justice, including information that enables the
55	64		bureau to create a statistical breakdown of:
56	65		(A) offenses in which family violence was
57	66		involved;
58	67		(B) offenses under Sections 22.011 and 22.021,
59	68		Penal Code; and
60	69		(C) offenses under Sections 20A.02, 43.02(a),
61	70		43.02(b), 43.03, and 43.05, Penal Code;
62	71		(3) make ballistic tests of bullets and firearms and
63	72		chemical analyses of bloodstains, cloth, materials, and other
64	73		substances for law enforcement officers of the state;
65	74		(4) cooperate with identification and crime records
66	75		bureaus in other states and the United States Department of
67	76		Justice;
68	77		(5) maintain a list of all previous background checks
69	78		for applicants for any position regulated under Chapter 1702,
70	79		Occupations Code, who have undergone a criminal history background
71	80		check under Section 411.119, if the check indicates a Class B
72	81		misdemeanor or equivalent offense or a greater offense;
73	82		(6) collect information concerning the number and
74	83		nature of protective orders and magistrate's orders of emergency
75	84		protection and all other pertinent information about all persons
76	85		subject to active orders, including pertinent information about
77	86		persons subject to conditions of bond imposed for the protection of
78	87		the victim in any family violence, sexual assault or abuse,
79	88		stalking, or trafficking case. Information in the law enforcement
80	89		information system relating to an active order shall include:
81	90		(A) the name, sex, race, date of birth, personal
82	91		descriptors, address, and county of residence of the person to whom
83	92		the order is directed;
84	93		(B) any known identifying number of the person to
85	94		whom the order is directed, including the person's social security
86	95		number or driver's license number;
87	96		(C) the name and county of residence of the
88	97		person protected by the order;
89	98		(D) the residence address and place of employment
90	99		or business of the person protected by the order[, unless that
91	100		information is excluded from the order under Article 17.292(e),
92	101		Code of Criminal Procedure];
93	102		(E) the child-care facility or school where a
94	103		child protected by the order normally resides or which the child
95	104		normally attends[, unless that information is excluded from the
96	105		order under Article 17.292(e), Code of Criminal Procedure];
97	106		(F) the relationship or former relationship
98	107		between the person who is protected by the order and the person to
99	108		whom the order is directed;
100	109		(G) the conditions of bond imposed on the person
101	110		to whom the order is directed, if any, for the protection of a
102	111		victim in any family violence, sexual assault or abuse, stalking,
103	112		or trafficking case;
104	113		(H) any minimum distance the person subject to
105	114		the order is required to maintain from the protected places or
106	115		persons; and
107	116		(I) the date the order expires;
108	117		(7) grant access to criminal history record
109	118		information in the manner authorized under Subchapter F;
110	119		(8) collect and disseminate information regarding
111	120		offenders with mental impairments in compliance with Chapter 614,
112	121		Health and Safety Code; and
113	122		(9) record data and maintain a state database for a
114	123		computerized criminal history record system and computerized
115	124		juvenile justice information system that serves:
116	125		(A) as the record creation point for criminal
117	126		history record information and juvenile justice information
118	127		maintained by the state; and
119	128		(B) as the control terminal for the entry of
120	129		records, in accordance with federal law and regulations, federal
121	130		executive orders, and federal policy, into the federal database
122	131		maintained by the Federal Bureau of Investigation.
123		-	SECTION 3. The changes in law made by this Act apply only to
	132	+	SECTION 4. The changes in law made by this Act apply only to
124	133		a magistrate's order for emergency protection issued on or after
125	134		the effective date of this Act. An order issued before the
126	135		effective date of this Act is governed by the law in effect on the
127	136		date the order was issued, and the former law is continued in effect
128	137		for that purpose.
129		-	SECTION 4. This Act takes effect September 1, 2019.
	138	+	SECTION 5. This Act takes effect September 1, 2019.