Texas 2019 - 86th Regular

Texas Senate Bill SB325 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	S.B. No. 325
	1	+	By: Huffman, et al. S.B. No. 325
	2	+	(Landgraf)
2	3
3	4
	5	+	A BILL TO BE ENTITLED
4	6		AN ACT
5	7		relating to establishing a protective order registry and the duties
6	8		of court personnel and other persons and entities in regard to the
7	9		registry.
8	10		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	11		SECTION 1. Chapter 72, Government Code, is amended by
10	12		adding Subchapter F to read as follows:
11	13		SUBCHAPTER F. PROTECTIVE ORDER REGISTRY
12	14		Sec. 72.151. DEFINITIONS. In this subchapter:
13	15		(1) "Authorized user" means a person to whom the
14	16		office has given permission and the means to submit records to or
15	17		modify or remove records in the registry. The term does not include
16	18		members of the public who may only access through the registry's
17	19		Internet website certain information regarding protective orders
18	20		entered into the registry.
19	21		(2) "Peace officer" has the meaning assigned by
20	22		Article 2.12, Code of Criminal Procedure.
21	23		(3) "Protective order" means an order issued by a
22	24		court in this state to prevent family violence, as defined by
23	25		Section 71.004, Family Code. The term includes a magistrate's
24	26		order for emergency protection issued under Article 17.292, Code of
25	27		Criminal Procedure, with respect to a person who is arrested for an
26	28		offense involving family violence.
27	29		(4) "Protective order registry" or "registry" means
28	30		the protective order registry established under Section 72.153.
29	31		(5) "Race or ethnicity" means a particular descent,
30	32		including Caucasian, African, Hispanic, Asian, or Native American
31	33		descent.
32	34		Sec. 72.152. APPLICABILITY. This subchapter applies only
33	35		to:
34	36		(1) an application for a protective order filed under:
35	37		(A) Chapter 82, Family Code; or
36	38		(B) Article 17.292, Code of Criminal Procedure,
37	39		with respect to a person who is arrested for an offense involving
38	40		family violence; and
39	41		(2) a protective order issued under:
40	42		(A) Chapter 83 or 85, Family Code; or
41	43		(B) Article 17.292, Code of Criminal Procedure,
42	44		with respect to a person who is arrested for an offense involving
43	45		family violence.
44	46		Sec. 72.153. PROTECTIVE ORDER REGISTRY. (a) In
45	47		consultation with the Department of Public Safety and the courts of
46	48		this state, the office shall establish and maintain a centralized
47	49		Internet-based registry for applications for protective orders
48	50		filed in this state and protective orders issued in this state.
49	51		(b) The office shall establish and maintain the registry in
50	52		a manner that allows municipal and county case management systems
51	53		to easily interface with the registry.
52	54		Sec. 72.154. PUBLIC ACCESS TO PROTECTIVE ORDER REGISTRY.
53	55		(a) Subject to Subsections (c) and (d) and Section 72.158, the
54	56		office shall establish and maintain the registry in a manner that
55	57		allows a member of the public, free of charge, to electronically
56	58		search for and receive publicly accessible information contained in
57	59		the registry regarding each protective order issued in this state.
58	60		The registry must be searchable by:
59	61		(1) the county of issuance;
60	62		(2) the name of a person who is the subject of the
61	63		protective order; and
62	64		(3) the birth year of a person who is the subject of
63	65		the protective order.
64	66		(b) Publicly accessible information regarding each
65	67		protective order must consist of the following:
66	68		(1) the court that issued the protective order;
67	69		(2) the case number;
68	70		(3) the full name, county of residence, birth year,
69	71		and race or ethnicity of the person who is the subject of the
70	72		protective order;
71	73		(4) the dates the protective order was issued and
72	74		served;
73	75		(5) the date the protective order was vacated, if
74	76		applicable; and
75	77		(6) the date the protective order expired or will
76	78		expire, as applicable.
77	79		(c) A member of the public may only access the information
78	80		in the registry described by Subsection (b).
79	81		(d) The office may not allow a member of the public to access
80	82		through the registry any information related to a protective order
81	83		issued under Article 17.292, Code of Criminal Procedure, or Chapter
82	84		83, Family Code.
83	85		Sec. 72.155. RESTRICTED ACCESS TO PROTECTIVE ORDER
84	86		REGISTRY. (a) The registry must include a copy of each
85	87		application for a protective order filed in this state and a copy of
86	88		each protective order issued in this state, including a vacated or
87	89		expired order. Only an authorized user, the attorney general, a
88	90		district attorney, a criminal district attorney, a county attorney,
89	91		a municipal attorney, or a peace officer may access that
90	92		information under the registry.
91	93		(b) The office shall ensure that an authorized user, the
92	94		attorney general, a district attorney, a criminal district
93	95		attorney, a county attorney, a municipal attorney, or a peace
94	96		officer is able to search for and receive a copy of a filed
95	97		application for a protective order or a copy of an issued protective
96	98		order through the registry's Internet website.
97	99		Sec. 72.156. ENTRY OF APPLICATIONS. (a) Except as
98	100		provided by Subsection (b), as soon as possible but not later than
99	101		24 hours after the time an application for a protective order is
100	102		filed, the clerk of the court shall enter a copy of the application
101	103		into the registry.
102	104		(b) A clerk may delay entering information under Subsection
103	105		(a) into the registry only to the extent that the clerk lacks the
104	106		specific information required to be entered.
105	107		(c) The office shall ensure that a member of the public is
106	108		not able to access through the registry's Internet website the
107	109		application or any information related to the application entered
108	110		into the registry under Subsection (a).
109	111		Sec. 72.157. ENTRY OF ORDERS. (a) Except as provided by
110	112		Subsection (c), as soon as possible but not later than 24 hours
111	113		after the time a court issues an original or modified protective
112	114		order or extends the duration of a protective order, the clerk of
113	115		the court shall enter into the registry:
114	116		(1) a copy of the order and, if applicable, a notation
115	117		regarding any modification or extension of the order; and
116	118		(2) the information required under Section 72.154(b).
117	119		(b) For a protective order that is vacated or that has
118	120		expired, the clerk of the applicable court shall modify the record
119	121		of the order in the registry to reflect the order's status as
120	122		vacated or expired.
121	123		(c) A clerk may delay entering information under Subsection
122	124		(a) into the registry only to the extent that the clerk lacks the
123	125		specific information required to be entered.
124	126		Sec. 72.158. REQUEST FOR GRANT OR REMOVAL OF PUBLIC ACCESS.
125	127		(a) The office shall ensure that the public may access information
126	128		about protective orders, other than information about orders under
127	129		Article 17.292, Code of Criminal Procedure, or Chapter 83, Family
128	130		Code, through the registry, only if:
129	131		(1) a protected person requests that the office grant
130	132		the public the ability to access the information described by
131	133		Section 72.154(b) for the order protecting the person; and
132	134		(2) the office approves the request.
133	135		(b) A person whose request under Subsection (a) was approved
134	136		by the office may request that the office remove the ability of the
135	137		public to access the information that was the subject of the
136	138		person's earlier approved request. Not later than the third
137	139		business day after the office receives a request under this
138	140		subsection, the office shall remove the ability of the public to
139	141		access the information.
140	142		(c) The Supreme Court of Texas:
141	143		(1) shall prescribe a form for use by a person
142	144		requesting a grant or removal of public access as described by
143	145		Subsections (a) and (b); and
144	146		(2) by rule may prescribe procedures for requesting a
145	147		grant or removal of public access as described by Subsections (a)
146	148		and (b).
147	149		SECTION 2. (a) Except as provided by Subsection (b) of
148	150		this section, not later than June 1, 2020, the Office of Court
149	151		Administration of the Texas Judicial System shall establish the
150	152		protective order registry required by Section 72.153, Government
151	153		Code, as added by this Act.
152	154		(b) The Office of Court Administration of the Texas Judicial
153	155		System may delay establishing the protective order registry
154	156		described by Subsection (a) of this section for a period not to
155	157		exceed 90 days if the delay is authorized by resolution of the Texas
156	158		Judicial Council.
157	159		(c) Not later than June 1, 2020, the Office of Court
158	160		Administration of the Texas Judicial System shall establish and
159	161		supervise a training program for magistrates, court personnel, and
160	162		peace officers on the use of the protective order registry
161	163		described by Subsection (a) of this section. The training program
162	164		must make all materials for use in the training program available to
163	165		magistrates, court personnel, and peace officers.
164	166		SECTION 3. Notwithstanding Section 2 of this Act, the
165	167		Office of Court Administration of the Texas Judicial System may not
166	168		allow a member of the public to view before September 1, 2020,
167	169		publicly accessible information described by Section 72.154(b),
168	170		Government Code, as added by this Act, through the Internet website
169	171		of the protective order registry established under Subchapter F,
170	172		Chapter 72, Government Code, as added by this Act.
171	173		SECTION 4. Subchapter F, Chapter 72, Government Code, as
172	174		added by this Act, applies only to an application for a protective
173	175		order filed or a protective order issued on or after September 1,
174	176		2020.
175	177		SECTION 5. The Office of Court Administration of the Texas
176	178		Judicial System is required to implement a provision of this Act
177	179		only if the legislature appropriates money specifically for that
178	180		purpose. If the legislature does not appropriate money
179	181		specifically for that purpose, the Office of Court Administration
180	182		of the Texas Judicial System may, but is not required to, implement
181	183		a provision of this Act using other appropriations available for
182	184		that purpose.
183	185		SECTION 6. This Act takes effect September 1, 2019.
184		-	______________________________ ______________________________
185		-	President of the Senate Speaker of the House
186		-	I hereby certify that S.B. No. 325 passed the Senate on
187		-	April 9, 2019, by the following vote: Yeas 31, Nays 0.
188		-	______________________________
189		-	Secretary of the Senate
190		-	I hereby certify that S.B. No. 325 passed the House on
191		-	April 29, 2019, by the following vote: Yeas 137, Nays 6, two
192		-	present not voting.
193		-	______________________________
194		-	Chief Clerk of the House
195		-	Approved:
196		-	______________________________
197		-	Date
198		-	______________________________
199		-	Governor