86R11028 ADM-D
By: Fallon S.B. No. 2230
A BILL TO BE ENTITLED
AN ACT
relating to a central database containing information about violent
offenders.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 411.135(a), Government Code, is amended
to read as follows:
(a) Any person is entitled to obtain from the department:
(1) any information described as public information
under Chapter 62, Code of Criminal Procedure, including, to the
extent available, a recent photograph of each person subject to
registration under that chapter; [and]
(2) criminal history record information maintained by
the department that relates to the conviction of or a grant of
deferred adjudication community supervision to a person for any
criminal offense, including arrest information that relates to the
conviction or grant of deferred adjudication community
supervision; and
(3) any information described as public information
under Section 411.1355.
SECTION 2. Subchapter F, Chapter 411, Government Code, is
amended by adding Section 411.1355 to read as follows:
Sec. 411.1355. CENTRAL DATABASE OF VIOLENT OFFENDERS. (a)
In this section:
(1) "Internet domain name" has the meaning assigned by
Section 325.002, Business & Commerce Code.
(2) "Local law enforcement authority" has the meaning
assigned by Article 62.001, Code of Criminal Procedure.
(3) "Web page" has the meaning assigned by Section
325.002, Business & Commerce Code.
(b) The department shall maintain a computerized central
database containing information, including address information,
regarding persons who:
(1) have been convicted of or received a grant of
deferred adjudication community supervision for, or have received a
juvenile adjudication or deferral for, an offense:
(A) listed in Article 42A.054(a), Code of
Criminal Procedure; or
(B) for which the judgment contains an
affirmative finding under Article 42A.054(c) or (d), Code of
Criminal Procedure; and
(2) in connection with the conviction, grant,
adjudication, or deferral, were subsequently discharged, paroled,
placed in a nonsecure community program for juvenile offenders, or
placed on juvenile probation, community supervision, or mandatory
supervision.
(c) The information contained in the database is public
information, with the exception of any information:
(1) regarding the person's social security number,
driver's license number, or telephone number; or
(2) that would identify the victim of the applicable
offense.
(d) The department, in cooperation with the Board of Pardons
and Paroles, the Texas Department of Criminal Justice, the Texas
Juvenile Justice Department, and the Commission on Jail Standards,
shall by rule design and implement a system for the registration of
persons described by Subsection (b). The system must establish
requirements and procedures for:
(1) an offender to be notified, before the offender's
release, of the offender's duty to register with a local law
enforcement authority;
(2) the offender to register with a local law
enforcement authority:
(A) annually;
(B) every 90 days if the offender is determined
by the department to be high risk because of the offender's status
as a repeat offender or because of the violent nature of the offense
charged; or
(C) every 30 days if the offender does not have a
permanent address;
(3) the offender to register with a local law
enforcement authority not later than five days after the date the
offender changes address;
(4) an offender who operates an online business to:
(A) disclose the name, Internet domain name, and
web page of the business, if applicable, to the local law
enforcement authority with whom the offender registers; and
(B) notify the local law enforcement authority
not later than five days after the date the name, Internet domain
name, or web page of the business changes;
(5) the offender to request and be granted an
exclusion from the database;
(6) the database to track whether an offender is in
compliance with registration requirements and, if an offender is
not in compliance, to make that information available to a person
who requests the information;
(7) a local law enforcement agency to promptly forward
registration information to the department for use in the database;
and
(8) the department to update the database daily.
(e) This section does not apply to a person about whom
information is included in the database maintained under Article
62.005, Code of Criminal Procedure. Procedures relating to the
dissemination of information about those persons and registration
requirements for those persons are as provided by Chapter 62, Code
of Criminal Procedure, and by Section 411.135.
SECTION 3. The central database required by Section
411.1355, Government Code, as added by this Act, must be designed
and implemented not later than March 1, 2020.
SECTION 4. (a) Except as provided by Subsection (b) of this
section, this Act takes effect March 1, 2020.
(b) SECTION 3 of this Act takes effect September 1, 2019.