Texas 2019 - 86th Regular

Texas Senate Bill SB2230 Compare Versions

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

Old	New	Differences
1	1	86R11028 ADM-D
2	2	By: Fallon S.B. No. 2230
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to a central database containing information about violent
8	8	offenders.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 411.135(a), Government Code, is amended
11	11	to read as follows:
12	12	(a) Any person is entitled to obtain from the department:
13	13	(1) any information described as public information
14	14	under Chapter 62, Code of Criminal Procedure, including, to the
15	15	extent available, a recent photograph of each person subject to
16	16	registration under that chapter; [and]
17	17	(2) criminal history record information maintained by
18	18	the department that relates to the conviction of or a grant of
19	19	deferred adjudication community supervision to a person for any
20	20	criminal offense, including arrest information that relates to the
21	21	conviction or grant of deferred adjudication community
22	22	supervision; and
23	23	(3) any information described as public information
24	24	under Section 411.1355.
25	25	SECTION 2. Subchapter F, Chapter 411, Government Code, is
26	26	amended by adding Section 411.1355 to read as follows:
27	27	Sec. 411.1355. CENTRAL DATABASE OF VIOLENT OFFENDERS. (a)
28	28	In this section:
29	29	(1) "Internet domain name" has the meaning assigned by
30	30	Section 325.002, Business & Commerce Code.
31	31	(2) "Local law enforcement authority" has the meaning
32	32	assigned by Article 62.001, Code of Criminal Procedure.
33	33	(3) "Web page" has the meaning assigned by Section
34	34	325.002, Business & Commerce Code.
35	35	(b) The department shall maintain a computerized central
36	36	database containing information, including address information,
37	37	regarding persons who:
38	38	(1) have been convicted of or received a grant of
39	39	deferred adjudication community supervision for, or have received a
40	40	juvenile adjudication or deferral for, an offense:
41	41	(A) listed in Article 42A.054(a), Code of
42	42	Criminal Procedure; or
43	43	(B) for which the judgment contains an
44	44	affirmative finding under Article 42A.054(c) or (d), Code of
45	45	Criminal Procedure; and
46	46	(2) in connection with the conviction, grant,
47	47	adjudication, or deferral, were subsequently discharged, paroled,
48	48	placed in a nonsecure community program for juvenile offenders, or
49	49	placed on juvenile probation, community supervision, or mandatory
50	50	supervision.
51	51	(c) The information contained in the database is public
52	52	information, with the exception of any information:
53	53	(1) regarding the person's social security number,
54	54	driver's license number, or telephone number; or
55	55	(2) that would identify the victim of the applicable
56	56	offense.
57	57	(d) The department, in cooperation with the Board of Pardons
58	58	and Paroles, the Texas Department of Criminal Justice, the Texas
59	59	Juvenile Justice Department, and the Commission on Jail Standards,
60	60	shall by rule design and implement a system for the registration of
61	61	persons described by Subsection (b). The system must establish
62	62	requirements and procedures for:
63	63	(1) an offender to be notified, before the offender's
64	64	release, of the offender's duty to register with a local law
65	65	enforcement authority;
66	66	(2) the offender to register with a local law
67	67	enforcement authority:
68	68	(A) annually;
69	69	(B) every 90 days if the offender is determined
70	70	by the department to be high risk because of the offender's status
71	71	as a repeat offender or because of the violent nature of the offense
72	72	charged; or
73	73	(C) every 30 days if the offender does not have a
74	74	permanent address;
75	75	(3) the offender to register with a local law
76	76	enforcement authority not later than five days after the date the
77	77	offender changes address;
78	78	(4) an offender who operates an online business to:
79	79	(A) disclose the name, Internet domain name, and
80	80	web page of the business, if applicable, to the local law
81	81	enforcement authority with whom the offender registers; and
82	82	(B) notify the local law enforcement authority
83	83	not later than five days after the date the name, Internet domain
84	84	name, or web page of the business changes;
85	85	(5) the offender to request and be granted an
86	86	exclusion from the database;
87	87	(6) the database to track whether an offender is in
88	88	compliance with registration requirements and, if an offender is
89	89	not in compliance, to make that information available to a person
90	90	who requests the information;
91	91	(7) a local law enforcement agency to promptly forward
92	92	registration information to the department for use in the database;
93	93	and
94	94	(8) the department to update the database daily.
95	95	(e) This section does not apply to a person about whom
96	96	information is included in the database maintained under Article
97	97	62.005, Code of Criminal Procedure. Procedures relating to the
98	98	dissemination of information about those persons and registration
99	99	requirements for those persons are as provided by Chapter 62, Code
100	100	of Criminal Procedure, and by Section 411.135.
101	101	SECTION 3. The central database required by Section
102	102	411.1355, Government Code, as added by this Act, must be designed
103	103	and implemented not later than March 1, 2020.
104	104	SECTION 4. (a) Except as provided by Subsection (b) of this
105	105	section, this Act takes effect March 1, 2020.
106	106	(b) SECTION 3 of this Act takes effect September 1, 2019.