By: West S.B. No. 693
(In the Senate - Filed February 7, 2019; March 1, 2019, read
first time and referred to Committee on Criminal Justice;
April 23, 2019, reported favorably by the following vote: Yeas 6,
Nays 0; April 23, 2019, sent to printer.)
Click here to see the committee vote
A BILL TO BE ENTITLED
AN ACT
relating to the reporting of certain information involving family
violence offenses.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 66.102(f), Code of Criminal Procedure,
is amended to read as follows:
(f) Information in the computerized criminal history system
relating to sentencing must include for each sentence:
(1) the sentencing date;
(2) the sentence for each offense, by offense code and
incident number;
(3) if the offender was sentenced to confinement:
(A) the agency that receives custody of the
offender;
(B) the length of the sentence for each offense;
and
(C) if multiple sentences were ordered, whether
the sentences were ordered to be served consecutively or
concurrently;
(4) if the offender was sentenced to pay a fine, the
amount of the fine;
(5) if a sentence to pay a fine or to confinement was
ordered but was deferred, probated, suspended, or otherwise not
imposed:
(A) the length of the sentence or the amount of
the fine that was deferred, probated, suspended, or otherwise not
imposed; and
(B) the offender's name, offense code, and
incident number; [and]
(6) if a sentence other than a fine or confinement was
ordered, a description of the sentence ordered; and
(7) whether the judgment imposing the sentence
reflects an affirmative finding entered under Article 42.013
(Finding of Family Violence).
SECTION 2. Article 66.252, Code of Criminal Procedure, is
amended by amending Subsection (b) and adding Subsection (g) to
read as follows:
(b) The arresting law enforcement agency shall prepare a
uniform incident fingerprint card described by Article 66.251 and
initiate the reporting process for each offender charged with:
(1) a felony;
(2) [or] a misdemeanor for which a term of confinement
may be imposed; or
(3) a misdemeanor punishable by fine only that
involves family violence, as defined by Section 71.004, Family Code
[other than a misdemeanor punishable by fine only].
(g) On disposition of a case in which an offender is charged
with a misdemeanor described by Subsection (b)(3), the clerk of the
court exercising jurisdiction over the case shall report the
applicable information regarding the person's citation or arrest
and the disposition of the case to the Department of Public Safety
using a uniform incident fingerprint card described by Article
66.251 or an electronic methodology approved by the Department of
Public Safety.
SECTION 3. The change in law made by this Act applies only
to an offense committed on or after the effective date of this Act.
An offense committed before the effective date of this Act is
covered by the law in effect on the date the offense was committed,
and the former law is continued in effect for that purpose. For
purposes of this section, an offense was committed before the
effective date of this Act if any element of the offense occurred
before that date.
SECTION 4. This Act takes effect September 1, 2019.
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