86R19908 MEW-F
By: Guillen H.B. No. 3637
Substitute the following for H.B. No. 3637:
By: Moody C.S.H.B. No. 3637
A BILL TO BE ENTITLED
AN ACT
relating to the confidentiality of certain personal information of
a person protected by a magistrate's order for emergency
protection.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 17, Code of Criminal Procedure, is
amended by adding Article 17.294 to read as follows:
Art. 17.294. CONFIDENTIALITY OF CERTAIN INFORMATION IN
ORDER FOR EMERGENCY PROTECTION. On request by a person protected by
an order for emergency protection issued under Article 17.292, or
if determined necessary by the magistrate, the court issuing the
order may protect the person's mailing address by rendering an
order:
(1) requiring the person protected under the order to:
(A) disclose the person's mailing address to the
court;
(B) designate another person to receive on behalf
of the person any notice or documents filed with the court related
to the order; and
(C) disclose the designated person's mailing
address to the court;
(2) requiring the court clerk to:
(A) strike the mailing address of the person
protected by the order from the public records of the court, if
applicable; and
(B) maintain a confidential record of the mailing
address for use only by:
(i) the court; or
(ii) a law enforcement agency for purposes
of entering the information required by Section 411.042(b)(6),
Government Code, into the statewide law enforcement information
system maintained by the Department of Public Safety; and
(3) prohibiting the release of the information to the
defendant.
SECTION 2. 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, 43.02(a),
43.02(b), 43.03, 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 name, sex, race, date of birth, personal
descriptors, address, and county of residence of the person to whom
the order is directed;
(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;
(C) the name and county of residence of the
person protected by the order;
(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 Article 17.292(e),
Code of Criminal Procedure];
(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 Article 17.292(e), Code of Criminal Procedure];
(F) the relationship or former relationship
between the person who is protected by the order and the person to
whom the order is directed;
(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;
(H) any minimum distance the person subject to
the order is required to maintain from the protected places or
persons; and
(I) the date the order expires;
(7) grant access to criminal history record
information in the manner authorized under Subchapter F;
(8) collect and disseminate information regarding
offenders with mental impairments in compliance with Chapter 614,
Health and Safety Code; and
(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 3. The changes in law made by this Act apply only to
a magistrate's order for emergency protection issued on or after
the effective date of this Act. An order issued before the
effective date of this Act is governed by the law in effect on the
date the order was issued, and the former law is continued in effect
for that purpose.
SECTION 4. This Act takes effect September 1, 2019.