Texas 2021 - 87th Regular

Texas Senate Bill SB1042 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	87R5554 MEW-D
2	2	By: Eckhardt S.B. No. 1042
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to a data collection program established by the attorney
8	8	general regarding defendants in certain criminal cases and access
9	9	to information stored in criminal justice information databases.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Article 66.201, Code of Criminal Procedure, is
12	12	amended to read as follows:
13	13	Art. 66.201. ACCESS TO DATABASES BY CRIMINAL JUSTICE
14	14	AGENCIES AND OTHER ENTITIES. (a) Criminal justice agencies, the
15	15	Legislative Budget Board, the attorney general, and the council are
16	16	entitled to access the databases of the Department of Public
17	17	Safety, the Texas Juvenile Justice Department, and the Texas
18	18	Department of Criminal Justice in accordance with applicable state
19	19	or federal law or regulations.
20	20	(b) The access granted by this article does not entitle a
21	21	criminal justice agency, the Legislative Budget Board, the attorney
22	22	general, or the council to add, delete, or alter data maintained by
23	23	another agency.
24	24	SECTION 2. Article 66.203, Code of Criminal Procedure, is
25	25	amended to read as follows:
26	26	Art. 66.203. PUBLIC DISCLOSURE OF DATA PROHIBITED. A
27	27	criminal justice agency, the council, the attorney general, and the
28	28	Legislative Budget Board may not disclose to the public information
29	29	in an individual's criminal history record if the record is
30	30	protected by state or federal law or regulation.
31	31	SECTION 3. Subchapter B, Chapter 402, Government Code, is
32	32	amended by adding Section 402.040 to read as follows:
33	33	Sec. 402.040. DATA COLLECTION PROGRAM REGARDING CERTAIN
34	34	CRIMINAL DEFENDANTS. (a) The attorney general shall establish a
35	35	program to collect, record, compile, and analyze data regarding
36	36	defendants who:
37	37	(1) are alleged to have committed an offense
38	38	punishable as a Class B misdemeanor or higher; and
39	39	(2) were 18 years of age or older at the time of the
40	40	alleged offense.
41	41	(b) The attorney general shall compile data regarding a
42	42	defendant described by Subsection (a) from the time the defendant
43	43	enters the criminal justice system until final disposition of the
44	44	defendant's case. The data must include, with respect to each
45	45	defendant:
46	46	(1) the defendant's age at the time of the alleged
47	47	offense and the defendant's race, ethnicity, and gender;
48	48	(2) any warrants, arrests, charges, filing of criminal
49	49	complaints, or indictments;
50	50	(3) any dismissed or downgraded charges;
51	51	(4) whether the case proceeded to trial and the
52	52	disposition of the case;
53	53	(5) whether the defendant applied to participate in a
54	54	pretrial diversion program and whether the attorney representing
55	55	the state or the court consented to or denied a defendant's
56	56	participation in a program;
57	57	(6) if the defendant participated in a pretrial
58	58	diversion program, whether the defendant successfully completed
59	59	the program;
60	60	(7) if applicable, the race, ethnicity, and gender of
61	61	each victim of the alleged offense and the age of each victim at the
62	62	time of the alleged offense;
63	63	(8) any plea bargain agreement negotiations,
64	64	including:
65	65	(A) any plea bargain offer extended to a
66	66	defendant and whether the defendant accepted or rejected the offer;
67	67	(B) any plea bargain agreement entered or
68	68	rejected by the court; and
69	69	(C) whether any plea bargain agreement entered or
70	70	rejected by the court included community supervision or
71	71	confinement;
72	72	(9) court fees and fines assessed; and
73	73	(10) amounts of restitution ordered, including any
74	74	amount collected by the court and paid to a victim of an alleged
75	75	offense.
76	76	(c) Information under Subsection (b) with respect to race or
77	77	ethnicity must be compiled in accordance with the standards of the
78	78	classification of federal data on race and ethnicity established by
79	79	the United States Office of Management and Budget.
80	80	(d) The following entities shall cooperate with the
81	81	attorney general to assist in the implementation of the program and
82	82	the collection, recording, compilation, and provision of data to
83	83	the extent and in the manner required by the attorney general:
84	84	(1) the Department of Public Safety;
85	85	(2) the Office of Court Administration of the Texas
86	86	Judicial System;
87	87	(3) the correctional institutions division of the
88	88	Texas Department of Criminal Justice;
89	89	(4) the Texas Indigent Defense Commission;
90	90	(5) a district attorney, a criminal district attorney,
91	91	or a county attorney with criminal jurisdiction; and
92	92	(6) a local law enforcement agency.
93	93	(e) Not later than February 1 of each year, the attorney
94	94	general shall post on the attorney general's Internet website a
95	95	report summarizing and analyzing the data described in Subsection
96	96	(b) that was compiled for the preceding calendar year.
97	97	(f) Personal identifying information obtained by the
98	98	attorney general under this section is confidential and not subject
99	99	to disclosure under Chapter 552 and may not be disclosed to any
100	100	person. For purposes of this subsection, "personal identifying
101	101	information" includes:
102	102	(1) an individual's name or an alias used by the
103	103	individual;
104	104	(2) an individual's address;
105	105	(3) an individual's social security number;
106	106	(4) an individual's telephone number;
107	107	(5) an individual's fax number;
108	108	(6) an individual's driver's license number;
109	109	(7) an individual's e-mail address; or
110	110	(8) a social media address of an individual.
111	111	(g) The attorney general may adopt rules as necessary to
112	112	implement this section.
113	113	SECTION 4. Notwithstanding Section 402.040(e), Government
114	114	Code, as added by this Act, the attorney general is not required to
115	115	submit the initial report required by that section before February
116	116	1, 2023.
117	117	SECTION 5. This Act takes effect immediately if it receives
118	118	a vote of two-thirds of all the members elected to each house, as
119	119	provided by Section 39, Article III, Texas Constitution. If this
120	120	Act does not receive the vote necessary for immediate effect, this
121	121	Act takes effect September 1, 2021.