| 1 | 1 | | 87R574 GCB-D |
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| 2 | 2 | | By: Raymond H.B. No. 642 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the dissemination of criminal history record |
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| 8 | 8 | | information by the Department of Public Safety concerning certain |
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| 9 | 9 | | intoxication offenses. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Section 411.135(a), Government Code, is amended |
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| 12 | 12 | | to read as follows: |
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| 13 | 13 | | (a) Any person is entitled to obtain from the department: |
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| 14 | 14 | | (1) any information described as public information |
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| 15 | 15 | | under Chapter 62, Code of Criminal Procedure, including, to the |
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| 16 | 16 | | extent available, a recent photograph of each person subject to |
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| 17 | 17 | | registration under that chapter; [and] |
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| 18 | 18 | | (2) criminal history record information maintained by |
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| 19 | 19 | | the department that relates to the conviction of or a grant of |
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| 20 | 20 | | deferred adjudication to a person for any criminal offense, |
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| 21 | 21 | | including arrest information that relates to the conviction or |
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| 22 | 22 | | grant of deferred adjudication; and |
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| 23 | 23 | | (3) any information described as public information |
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| 24 | 24 | | under Section 411.1356(a). |
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| 25 | 25 | | SECTION 2. Subchapter F, Chapter 411, Government Code, is |
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| 26 | 26 | | amended by adding Sections 411.1356 and 411.1357 to read as |
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| 27 | 27 | | follows: |
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| 28 | 28 | | Sec. 411.1356. PUBLIC ACCESS TO CRIMINAL HISTORY RECORD |
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| 29 | 29 | | INFORMATION CONCERNING CERTAIN INTOXICATION OFFENSES. (a) |
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| 30 | 30 | | Criminal history record information that concerns a person's |
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| 31 | 31 | | conviction within the preceding 10-year period for an offense under |
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| 32 | 32 | | Section 49.04, 49.045, 49.07, or 49.08, Penal Code, is public |
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| 33 | 33 | | information, with the exception of: |
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| 34 | 34 | | (1) any information regarding the person's social |
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| 35 | 35 | | security number, driver's license or personal identification |
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| 36 | 36 | | certificate number, or telephone number; and |
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| 37 | 37 | | (2) any information that would identify a victim of |
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| 38 | 38 | | the offense. |
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| 39 | 39 | | (b) The department shall implement and maintain an Internet |
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| 40 | 40 | | website to allow any person, free of charge, to electronically |
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| 41 | 41 | | search for and receive information described by Subsection (a). The |
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| 42 | 42 | | website must be searchable by zip code, city, county, or the name of |
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| 43 | 43 | | the person convicted. The search results must include for each |
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| 44 | 44 | | person convicted: |
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| 45 | 45 | | (1) the person's full name and last known address; and |
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| 46 | 46 | | (2) a recent photograph of the person, if a photograph |
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| 47 | 47 | | is available to the department. |
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| 48 | 48 | | (c) The department shall remove the criminal history record |
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| 49 | 49 | | information concerning a person's conviction for an offense listed |
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| 50 | 50 | | in Subsection (a) from the Internet website as soon as practicable |
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| 51 | 51 | | after the earliest of: |
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| 52 | 52 | | (1) the 10th anniversary of the date of the |
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| 53 | 53 | | conviction; |
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| 54 | 54 | | (2) the date on which the conviction is reversed on |
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| 55 | 55 | | appeal; |
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| 56 | 56 | | (3) the date on which an order of nondisclosure of |
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| 57 | 57 | | criminal history record information under Subchapter E-1 is issued |
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| 58 | 58 | | with respect to that conviction; or |
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| 59 | 59 | | (4) the date on which an order of expunction is entered |
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| 60 | 60 | | with respect to records and files in the case. |
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| 61 | 61 | | Sec. 411.1357. CRIMINAL HISTORY RECORD INFORMATION |
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| 62 | 62 | | CONCERNING CERTAIN INTOXICATION OFFENSES PROVIDED TO PEACE OFFICER |
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| 63 | 63 | | ON REQUEST. (a) The department shall establish a procedure by |
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| 64 | 64 | | which a peace officer or employee of a law enforcement agency who |
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| 65 | 65 | | provides the department with a driver's license number, personal |
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| 66 | 66 | | identification certificate number, or license plate number may be |
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| 67 | 67 | | provided any criminal history record information maintained by the |
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| 68 | 68 | | department concerning a conviction of the person to whom the |
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| 69 | 69 | | license, certificate, or plate is issued for an offense under |
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| 70 | 70 | | Section 49.04, 49.045, 49.07, or 49.08, Penal Code, within the |
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| 71 | 71 | | preceding 10-year period. |
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| 72 | 72 | | (b) The procedure established under Subsection (a) must |
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| 73 | 73 | | allow a peace officer to request the information from the location |
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| 74 | 74 | | of a motor vehicle stop and to receive a response to the request |
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| 75 | 75 | | within the duration of a reasonable motor vehicle stop. |
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| 76 | 76 | | SECTION 3. Not later than August 1, 2022, the Department of |
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| 77 | 77 | | Public Safety shall implement the Internet website required under |
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| 78 | 78 | | Section 411.1356, Government Code, as added by this Act, and shall |
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| 79 | 79 | | make available to a requesting person the information described by |
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| 80 | 80 | | Section 411.1356 or 411.1357, Government Code, as added by this |
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| 81 | 81 | | Act. |
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| 82 | 82 | | SECTION 4. This Act takes effect December 1, 2021. |
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