87R574 GCB-D
By: Raymond H.B. No. 642
A BILL TO BE ENTITLED
AN ACT
relating to the dissemination of criminal history record
information by the Department of Public Safety concerning certain
intoxication offenses.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 411.135(a), Government Code, is amended
to read as follows:
(a) Any person is entitled to obtain from the department:
(1) any information described as public information
under Chapter 62, Code of Criminal Procedure, including, to the
extent available, a recent photograph of each person subject to
registration under that chapter; [and]
(2) criminal history record information maintained by
the department that relates to the conviction of or a grant of
deferred adjudication to a person for any criminal offense,
including arrest information that relates to the conviction or
grant of deferred adjudication; and
(3) any information described as public information
under Section 411.1356(a).
SECTION 2. Subchapter F, Chapter 411, Government Code, is
amended by adding Sections 411.1356 and 411.1357 to read as
follows:
Sec. 411.1356. PUBLIC ACCESS TO CRIMINAL HISTORY RECORD
INFORMATION CONCERNING CERTAIN INTOXICATION OFFENSES. (a)
Criminal history record information that concerns a person's
conviction within the preceding 10-year period for an offense under
Section 49.04, 49.045, 49.07, or 49.08, Penal Code, is public
information, with the exception of:
(1) any information regarding the person's social
security number, driver's license or personal identification
certificate number, or telephone number; and
(2) any information that would identify a victim of
the offense.
(b) The department shall implement and maintain an Internet
website to allow any person, free of charge, to electronically
search for and receive information described by Subsection (a). The
website must be searchable by zip code, city, county, or the name of
the person convicted. The search results must include for each
person convicted:
(1) the person's full name and last known address; and
(2) a recent photograph of the person, if a photograph
is available to the department.
(c) The department shall remove the criminal history record
information concerning a person's conviction for an offense listed
in Subsection (a) from the Internet website as soon as practicable
after the earliest of:
(1) the 10th anniversary of the date of the
conviction;
(2) the date on which the conviction is reversed on
appeal;
(3) the date on which an order of nondisclosure of
criminal history record information under Subchapter E-1 is issued
with respect to that conviction; or
(4) the date on which an order of expunction is entered
with respect to records and files in the case.
Sec. 411.1357. CRIMINAL HISTORY RECORD INFORMATION
CONCERNING CERTAIN INTOXICATION OFFENSES PROVIDED TO PEACE OFFICER
ON REQUEST. (a) The department shall establish a procedure by
which a peace officer or employee of a law enforcement agency who
provides the department with a driver's license number, personal
identification certificate number, or license plate number may be
provided any criminal history record information maintained by the
department concerning a conviction of the person to whom the
license, certificate, or plate is issued for an offense under
Section 49.04, 49.045, 49.07, or 49.08, Penal Code, within the
preceding 10-year period.
(b) The procedure established under Subsection (a) must
allow a peace officer to request the information from the location
of a motor vehicle stop and to receive a response to the request
within the duration of a reasonable motor vehicle stop.
SECTION 3. Not later than August 1, 2022, the Department of
Public Safety shall implement the Internet website required under
Section 411.1356, Government Code, as added by this Act, and shall
make available to a requesting person the information described by
Section 411.1356 or 411.1357, Government Code, as added by this
Act.
SECTION 4. This Act takes effect December 1, 2021.