2 | 7 | | |
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3 | 8 | | |
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4 | 9 | | A BILL TO BE ENTITLED |
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5 | 10 | | AN ACT |
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6 | 11 | | relating to the reporting of certain information involving family |
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7 | 12 | | violence offenses. |
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8 | 13 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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9 | 14 | | SECTION 1. Article 66.102(f), Code of Criminal Procedure, |
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10 | 15 | | is amended to read as follows: |
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11 | 16 | | (f) Information in the computerized criminal history system |
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12 | 17 | | relating to sentencing must include for each sentence: |
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13 | 18 | | (1) the sentencing date; |
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14 | 19 | | (2) the sentence for each offense, by offense code and |
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15 | 20 | | incident number; |
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16 | 21 | | (3) if the offender was sentenced to confinement: |
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17 | 22 | | (A) the agency that receives custody of the |
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18 | 23 | | offender; |
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19 | 24 | | (B) the length of the sentence for each offense; |
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20 | 25 | | and |
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21 | 26 | | (C) if multiple sentences were ordered, whether |
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22 | 27 | | the sentences were ordered to be served consecutively or |
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23 | 28 | | concurrently; |
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24 | 29 | | (4) if the offender was sentenced to pay a fine, the |
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25 | 30 | | amount of the fine; |
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26 | 31 | | (5) if a sentence to pay a fine or to confinement was |
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27 | 32 | | ordered but was deferred, probated, suspended, or otherwise not |
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28 | 33 | | imposed: |
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29 | 34 | | (A) the length of the sentence or the amount of |
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30 | 35 | | the fine that was deferred, probated, suspended, or otherwise not |
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31 | 36 | | imposed; and |
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32 | 37 | | (B) the offender's name, offense code, and |
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33 | 38 | | incident number; [and] |
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34 | 39 | | (6) if a sentence other than a fine or confinement was |
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35 | 40 | | ordered, a description of the sentence ordered; and |
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36 | 41 | | (7) whether the judgment imposing the sentence |
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37 | 42 | | reflects an affirmative finding entered under Article 42.013 |
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38 | 43 | | (Finding of Family Violence). |
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39 | 44 | | SECTION 2. Article 66.252, Code of Criminal Procedure, is |
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40 | 45 | | amended by amending Subsection (b) and adding Subsection (g) to |
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41 | 46 | | read as follows: |
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42 | 47 | | (b) The arresting law enforcement agency shall prepare a |
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43 | 48 | | uniform incident fingerprint card described by Article 66.251 and |
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44 | 49 | | initiate the reporting process for each offender charged with: |
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45 | 50 | | (1) a felony; |
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46 | 51 | | (2) [or] a misdemeanor for which a term of confinement |
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47 | 52 | | may be imposed; or |
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48 | 53 | | (3) a misdemeanor punishable by fine only that |
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49 | 54 | | involves family violence, as defined by Section 71.004, Family Code |
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50 | 55 | | [other than a misdemeanor punishable by fine only]. |
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51 | 56 | | (g) On disposition of a case in which an offender is charged |
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52 | 57 | | with a misdemeanor described by Subsection (b)(3), the clerk of the |
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53 | 58 | | court exercising jurisdiction over the case shall report the |
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54 | 59 | | applicable information regarding the person's citation or arrest |
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55 | 60 | | and the disposition of the case to the Department of Public Safety |
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56 | 61 | | using a uniform incident fingerprint card described by Article |
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57 | 62 | | 66.251 or an electronic methodology approved by the Department of |
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58 | 63 | | Public Safety. |
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59 | 64 | | SECTION 3. The change in law made by this Act applies only |
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60 | 65 | | to an offense committed on or after the effective date of this Act. |
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61 | 66 | | An offense committed before the effective date of this Act is |
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62 | 67 | | covered by the law in effect on the date the offense was committed, |
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63 | 68 | | and the former law is continued in effect for that purpose. For |
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64 | 69 | | purposes of this section, an offense was committed before the |
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65 | 70 | | effective date of this Act if any element of the offense occurred |
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66 | 71 | | before that date. |
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67 | 72 | | SECTION 4. This Act takes effect September 1, 2019. |
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