Texas 2021 - 87th Regular

Texas Senate Bill SB2059 Compare Versions

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

Old	New	Differences
1	1	87R8436 EAS-F
2	2	By: Menéndez S.B. No. 2059
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to required reporting by a peace officer and collection of
8	8	data and information relating to the criminal offense of
9	9	interference with child custody.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Chapter 2, Code of Criminal Procedure, is
12	12	amended by adding Article 2.274 to read as follows:
13	13	Art. 2.274. REPORT ON INTERFERENCE WITH CHILD CUSTODY. (a)
14	14	A peace officer who responds to a call alleging the commission of an
15	15	offense under Section 25.03, Penal Code, shall make a written
16	16	report that includes:
17	17	(1) the date, time, and location of the alleged
18	18	offense;
19	19	(2) the names of the alleged offender, the
20	20	complainant, and each child who is the subject of the offense;
21	21	(3) whether a court order disposing of the child's
22	22	custody has been rendered;
23	23	(4) if applicable, the name of each party and each
24	24	child subject to the court order described by Subdivision (3); and
25	25	(5) if applicable, whether the court order described
26	26	by Subdivision (3) has been filed with local law enforcement.
27	27	(b) A peace officer who makes a report under Subsection (a)
28	28	shall provide information concerning the alleged offense to the
29	29	bureau of identification and records of the Department of Public
30	30	Safety under Section 411.042(b)(10), Government Code.
31	31	SECTION 2. Section 411.042(b), Government Code, is amended
32	32	to read as follows:
33	33	(b) The bureau of identification and records shall:
34	34	(1) procure and file for record photographs, pictures,
35	35	descriptions, fingerprints, measurements, and other pertinent
36	36	information of all persons arrested for or charged with a criminal
37	37	offense or convicted of a criminal offense, regardless of whether
38	38	the conviction is probated;
39	39	(2) collect information concerning the number and
40	40	nature of offenses reported or known to have been committed in the
41	41	state and the legal steps taken in connection with the offenses, and
42	42	other information useful in the study of crime and the
43	43	administration of justice, including information that enables the
44	44	bureau to create a statistical breakdown of:
45	45	(A) offenses in which family violence was
46	46	involved;
47	47	(B) offenses under Sections 22.011 and 22.021,
48	48	Penal Code; and
49	49	(C) offenses under Sections 20A.02, 43.02(a),
50	50	43.02(b), 43.03, 43.031, 43.04, 43.041, and 43.05, Penal Code;
51	51	(3) make ballistic tests of bullets and firearms and
52	52	chemical analyses of bloodstains, cloth, materials, and other
53	53	substances for law enforcement officers of the state;
54	54	(4) cooperate with identification and crime records
55	55	bureaus in other states and the United States Department of
56	56	Justice;
57	57	(5) maintain a list of all previous background checks
58	58	for applicants for any position regulated under Chapter 1702,
59	59	Occupations Code, who have undergone a criminal history background
60	60	check as required by that chapter, if the check indicates a Class B
61	61	misdemeanor or equivalent offense or a greater offense;
62	62	(6) collect information concerning the number and
63	63	nature of protective orders and magistrate's orders of emergency
64	64	protection and all other pertinent information about all persons
65	65	subject to active orders, including pertinent information about
66	66	persons subject to conditions of bond imposed for the protection of
67	67	the victim in any family violence, sexual assault or abuse,
68	68	indecent assault, stalking, or trafficking case. Information in the
69	69	law enforcement information system relating to an active order
70	70	shall include:
71	71	(A) the name, sex, race, date of birth, personal
72	72	descriptors, address, and county of residence of the person to whom
73	73	the order is directed;
74	74	(B) any known identifying number of the person to
75	75	whom the order is directed, including the person's social security
76	76	number or driver's license number;
77	77	(C) the name and county of residence of the
78	78	person protected by the order;
79	79	(D) the residence address and place of employment
80	80	or business of the person protected by the order;
81	81	(E) the child-care facility or school where a
82	82	child protected by the order normally resides or which the child
83	83	normally attends;
84	84	(F) the relationship or former relationship
85	85	between the person who is protected by the order and the person to
86	86	whom the order is directed;
87	87	(G) the conditions of bond imposed on the person
88	88	to whom the order is directed, if any, for the protection of a
89	89	victim in any family violence, sexual assault or abuse, indecent
90	90	assault, stalking, or trafficking case;
91	91	(H) any minimum distance the person subject to
92	92	the order is required to maintain from the protected places or
93	93	persons; and
94	94	(I) the date the order expires;
95	95	(7) grant access to criminal history record
96	96	information in the manner authorized under Subchapter F;
97	97	(8) collect and disseminate information regarding
98	98	offenders with mental impairments in compliance with Chapter 614,
99	99	Health and Safety Code; [and]
100	100	(9) record data and maintain a state database for a
101	101	computerized criminal history record system and computerized
102	102	juvenile justice information system that serves:
103	103	(A) as the record creation point for criminal
104	104	history record information and juvenile justice information
105	105	maintained by the state; and
106	106	(B) as the control terminal for the entry of
107	107	records, in accordance with federal law and regulations, federal
108	108	executive orders, and federal policy, into the federal database
109	109	maintained by the Federal Bureau of Investigation; and
110	110	(10) collect information on offenses under Section
111	111	25.03, Penal Code, including pertinent information about the
112	112	alleged offender, the complainant, and each child who is the
113	113	subject of the offense and, if applicable, pertinent information
114	114	about any court order that was violated in the commission of the
115	115	offense.
116	116	SECTION 3. Article 2.274, Code of Criminal Procedure, as
117	117	added by this Act, applies only to a peace officer who responds to a
118	118	call for assistance on or after the effective date of this Act.
119	119	SECTION 4. This Act takes effect September 1, 2021.