Texas 2019 - 86th Regular

Texas Senate Bill SB2390 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	S.B. No. 2390
	1	+	By: Powell S.B. No. 2390
	2	+	(Guillen)
2	3
3	4
	5	+	A BILL TO BE ENTITLED
4	6		AN ACT
5	7		relating to the confidentiality of certain personal information of
6	8		a person protected by a magistrate's order for emergency
7	9		protection.
8	10		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	11		SECTION 1. Chapter 17, Code of Criminal Procedure, is
10	12		amended by adding Article 17.294 to read as follows:
11	13		Art. 17.294. CONFIDENTIALITY OF CERTAIN INFORMATION IN
12	14		ORDER FOR EMERGENCY PROTECTION. On request by a person protected by
13	15		an order for emergency protection issued under Article 17.292, or
14	16		if determined necessary by the magistrate, the court issuing the
15	17		order may protect the person's mailing address by rendering an
16	18		order:
17	19		(1) requiring the person protected under the order to:
18	20		(A) disclose the person's mailing address to the
19	21		court;
20	22		(B) designate another person to receive on behalf
21	23		of the person any notice or documents filed with the court related
22	24		to the order; and
23	25		(C) disclose the designated person's mailing
24	26		address to the court;
25	27		(2) requiring the court clerk to:
26	28		(A) strike the mailing address of the person
27	29		protected by the order from the public records of the court, if
28	30		applicable; and
29	31		(B) maintain a confidential record of the mailing
30	32		address for use only by:
31	33		(i) the court; or
32	34		(ii) a law enforcement agency for purposes
33	35		of entering the information required by Section 411.042(b)(6),
34	36		Government Code, into the statewide law enforcement information
35	37		system maintained by the Department of Public Safety; and
36	38		(3) prohibiting the release of the information to the
37	39		defendant.
38	40		SECTION 2. Section 411.042(b), Government Code, is amended
39	41		to read as follows:
40	42		(b) The bureau of identification and records shall:
41	43		(1) procure and file for record photographs, pictures,
42	44		descriptions, fingerprints, measurements, and other pertinent
43	45		information of all persons arrested for or charged with a criminal
44	46		offense or convicted of a criminal offense, regardless of whether
45	47		the conviction is probated;
46	48		(2) collect information concerning the number and
47	49		nature of offenses reported or known to have been committed in the
48	50		state and the legal steps taken in connection with the offenses, and
49	51		other information useful in the study of crime and the
50	52		administration of justice, including information that enables the
51	53		bureau to create a statistical breakdown of:
52	54		(A) offenses in which family violence was
53	55		involved;
54	56		(B) offenses under Sections 22.011 and 22.021,
55	57		Penal Code; and
56	58		(C) offenses under Sections 20A.02, 43.02(a),
57	59		43.02(b), 43.03, and 43.05, Penal Code;
58	60		(3) make ballistic tests of bullets and firearms and
59	61		chemical analyses of bloodstains, cloth, materials, and other
60	62		substances for law enforcement officers of the state;
61	63		(4) cooperate with identification and crime records
62	64		bureaus in other states and the United States Department of
63	65		Justice;
64	66		(5) maintain a list of all previous background checks
65	67		for applicants for any position regulated under Chapter 1702,
66	68		Occupations Code, who have undergone a criminal history background
67	69		check under Section 411.119, if the check indicates a Class B
68	70		misdemeanor or equivalent offense or a greater offense;
69	71		(6) collect information concerning the number and
70	72		nature of protective orders and magistrate's orders of emergency
71	73		protection and all other pertinent information about all persons
72	74		subject to active orders, including pertinent information about
73	75		persons subject to conditions of bond imposed for the protection of
74	76		the victim in any family violence, sexual assault or abuse,
75	77		stalking, or trafficking case. Information in the law enforcement
76	78		information system relating to an active order shall include:
77	79		(A) the name, sex, race, date of birth, personal
78	80		descriptors, address, and county of residence of the person to whom
79	81		the order is directed;
80	82		(B) any known identifying number of the person to
81	83		whom the order is directed, including the person's social security
82	84		number or driver's license number;
83	85		(C) the name and county of residence of the
84	86		person protected by the order;
85	87		(D) the residence address and place of employment
86	88		or business of the person protected by the order[, unless that
87	89		information is excluded from the order under Article 17.292(e),
88	90		Code of Criminal Procedure];
89	91		(E) the child-care facility or school where a
90	92		child protected by the order normally resides or which the child
91	93		normally attends[, unless that information is excluded from the
92	94		order under Article 17.292(e), Code of Criminal Procedure];
93	95		(F) the relationship or former relationship
94	96		between the person who is protected by the order and the person to
95	97		whom the order is directed;
96	98		(G) the conditions of bond imposed on the person
97	99		to whom the order is directed, if any, for the protection of a
98	100		victim in any family violence, sexual assault or abuse, stalking,
99	101		or trafficking case;
100	102		(H) any minimum distance the person subject to
101	103		the order is required to maintain from the protected places or
102	104		persons; and
103	105		(I) the date the order expires;
104	106		(7) grant access to criminal history record
105	107		information in the manner authorized under Subchapter F;
106	108		(8) collect and disseminate information regarding
107	109		offenders with mental impairments in compliance with Chapter 614,
108	110		Health and Safety Code; and
109	111		(9) record data and maintain a state database for a
110	112		computerized criminal history record system and computerized
111	113		juvenile justice information system that serves:
112	114		(A) as the record creation point for criminal
113	115		history record information and juvenile justice information
114	116		maintained by the state; and
115	117		(B) as the control terminal for the entry of
116	118		records, in accordance with federal law and regulations, federal
117	119		executive orders, and federal policy, into the federal database
118	120		maintained by the Federal Bureau of Investigation.
119	121		SECTION 3. The changes in law made by this Act apply only to
120	122		a magistrate's order for emergency protection issued on or after
121	123		the effective date of this Act. An order issued before the
122	124		effective date of this Act is governed by the law in effect on the
123	125		date the order was issued, and the former law is continued in effect
124	126		for that purpose.
125	127		SECTION 4. This Act takes effect September 1, 2019.
126		-	______________________________ ______________________________
127		-	President of the Senate Speaker of the House
128		-	I hereby certify that S.B. No. 2390 passed the Senate on
129		-	April 17, 2019, by the following vote: Yeas 31, Nays 0.
130		-	______________________________
131		-	Secretary of the Senate
132		-	I hereby certify that S.B. No. 2390 passed the House on
133		-	May 3, 2019, by the following vote: Yeas 140, Nays 0, two present
134		-	not voting.
135		-	______________________________
136		-	Chief Clerk of the House
137		-	Approved:
138		-	______________________________
139		-	Date
140		-	______________________________
141		-	Governor