87R5554 MEW-D
By: Eckhardt S.B. No. 1042
A BILL TO BE ENTITLED
AN ACT
relating to a data collection program established by the attorney
general regarding defendants in certain criminal cases and access
to information stored in criminal justice information databases.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 66.201, Code of Criminal Procedure, is
amended to read as follows:
Art. 66.201. ACCESS TO DATABASES BY CRIMINAL JUSTICE
AGENCIES AND OTHER ENTITIES. (a) Criminal justice agencies, the
Legislative Budget Board, the attorney general, and the council are
entitled to access the databases of the Department of Public
Safety, the Texas Juvenile Justice Department, and the Texas
Department of Criminal Justice in accordance with applicable state
or federal law or regulations.
(b) The access granted by this article does not entitle a
criminal justice agency, the Legislative Budget Board, the attorney
general, or the council to add, delete, or alter data maintained by
another agency.
SECTION 2. Article 66.203, Code of Criminal Procedure, is
amended to read as follows:
Art. 66.203. PUBLIC DISCLOSURE OF DATA PROHIBITED. A
criminal justice agency, the council, the attorney general, and the
Legislative Budget Board may not disclose to the public information
in an individual's criminal history record if the record is
protected by state or federal law or regulation.
SECTION 3. Subchapter B, Chapter 402, Government Code, is
amended by adding Section 402.040 to read as follows:
Sec. 402.040. DATA COLLECTION PROGRAM REGARDING CERTAIN
CRIMINAL DEFENDANTS. (a) The attorney general shall establish a
program to collect, record, compile, and analyze data regarding
defendants who:
(1) are alleged to have committed an offense
punishable as a Class B misdemeanor or higher; and
(2) were 18 years of age or older at the time of the
alleged offense.
(b) The attorney general shall compile data regarding a
defendant described by Subsection (a) from the time the defendant
enters the criminal justice system until final disposition of the
defendant's case. The data must include, with respect to each
defendant:
(1) the defendant's age at the time of the alleged
offense and the defendant's race, ethnicity, and gender;
(2) any warrants, arrests, charges, filing of criminal
complaints, or indictments;
(3) any dismissed or downgraded charges;
(4) whether the case proceeded to trial and the
disposition of the case;
(5) whether the defendant applied to participate in a
pretrial diversion program and whether the attorney representing
the state or the court consented to or denied a defendant's
participation in a program;
(6) if the defendant participated in a pretrial
diversion program, whether the defendant successfully completed
the program;
(7) if applicable, the race, ethnicity, and gender of
each victim of the alleged offense and the age of each victim at the
time of the alleged offense;
(8) any plea bargain agreement negotiations,
including:
(A) any plea bargain offer extended to a
defendant and whether the defendant accepted or rejected the offer;
(B) any plea bargain agreement entered or
rejected by the court; and
(C) whether any plea bargain agreement entered or
rejected by the court included community supervision or
confinement;
(9) court fees and fines assessed; and
(10) amounts of restitution ordered, including any
amount collected by the court and paid to a victim of an alleged
offense.
(c) Information under Subsection (b) with respect to race or
ethnicity must be compiled in accordance with the standards of the
classification of federal data on race and ethnicity established by
the United States Office of Management and Budget.
(d) The following entities shall cooperate with the
attorney general to assist in the implementation of the program and
the collection, recording, compilation, and provision of data to
the extent and in the manner required by the attorney general:
(1) the Department of Public Safety;
(2) the Office of Court Administration of the Texas
Judicial System;
(3) the correctional institutions division of the
Texas Department of Criminal Justice;
(4) the Texas Indigent Defense Commission;
(5) a district attorney, a criminal district attorney,
or a county attorney with criminal jurisdiction; and
(6) a local law enforcement agency.
(e) Not later than February 1 of each year, the attorney
general shall post on the attorney general's Internet website a
report summarizing and analyzing the data described in Subsection
(b) that was compiled for the preceding calendar year.
(f) Personal identifying information obtained by the
attorney general under this section is confidential and not subject
to disclosure under Chapter 552 and may not be disclosed to any
person. For purposes of this subsection, "personal identifying
information" includes:
(1) an individual's name or an alias used by the
individual;
(2) an individual's address;
(3) an individual's social security number;
(4) an individual's telephone number;
(5) an individual's fax number;
(6) an individual's driver's license number;
(7) an individual's e-mail address; or
(8) a social media address of an individual.
(g) The attorney general may adopt rules as necessary to
implement this section.
SECTION 4. Notwithstanding Section 402.040(e), Government
Code, as added by this Act, the attorney general is not required to
submit the initial report required by that section before February
1, 2023.
SECTION 5. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2021.