87R8436 EAS-F
By: Menéndez S.B. No. 2059
A BILL TO BE ENTITLED
AN ACT
relating to required reporting by a peace officer and collection of
data and information relating to the criminal offense of
interference with child custody.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 2, Code of Criminal Procedure, is
amended by adding Article 2.274 to read as follows:
Art. 2.274. REPORT ON INTERFERENCE WITH CHILD CUSTODY. (a)
A peace officer who responds to a call alleging the commission of an
offense under Section 25.03, Penal Code, shall make a written
report that includes:
(1) the date, time, and location of the alleged
offense;
(2) the names of the alleged offender, the
complainant, and each child who is the subject of the offense;
(3) whether a court order disposing of the child's
custody has been rendered;
(4) if applicable, the name of each party and each
child subject to the court order described by Subdivision (3); and
(5) if applicable, whether the court order described
by Subdivision (3) has been filed with local law enforcement.
(b) A peace officer who makes a report under Subsection (a)
shall provide information concerning the alleged offense to the
bureau of identification and records of the Department of Public
Safety under Section 411.042(b)(10), Government Code.
SECTION 2. Section 411.042(b), Government Code, is amended
to read as follows:
(b) The bureau of identification and records shall:
(1) procure and file for record photographs, pictures,
descriptions, fingerprints, measurements, and other pertinent
information of all persons arrested for or charged with a criminal
offense or convicted of a criminal offense, regardless of whether
the conviction is probated;
(2) collect information concerning the number and
nature of offenses reported or known to have been committed in the
state and the legal steps taken in connection with the offenses, and
other information useful in the study of crime and the
administration of justice, including information that enables the
bureau to create a statistical breakdown of:
(A) offenses in which family violence was
involved;
(B) offenses under Sections 22.011 and 22.021,
Penal Code; and
(C) offenses under Sections 20A.02, 43.02(a),
43.02(b), 43.03, 43.031, 43.04, 43.041, and 43.05, Penal Code;
(3) make ballistic tests of bullets and firearms and
chemical analyses of bloodstains, cloth, materials, and other
substances for law enforcement officers of the state;
(4) cooperate with identification and crime records
bureaus in other states and the United States Department of
Justice;
(5) maintain a list of all previous background checks
for applicants for any position regulated under Chapter 1702,
Occupations Code, who have undergone a criminal history background
check as required by that chapter, if the check indicates a Class B
misdemeanor or equivalent offense or a greater offense;
(6) collect information concerning the number and
nature of protective orders and magistrate's orders of emergency
protection and all other pertinent information about all persons
subject to active orders, including pertinent information about
persons subject to conditions of bond imposed for the protection of
the victim in any family violence, sexual assault or abuse,
indecent assault, stalking, or trafficking case. Information in the
law enforcement information system relating to an active order
shall include:
(A) the name, sex, race, date of birth, personal
descriptors, address, and county of residence of the person to whom
the order is directed;
(B) any known identifying number of the person to
whom the order is directed, including the person's social security
number or driver's license number;
(C) the name and county of residence of the
person protected by the order;
(D) the residence address and place of employment
or business of the person protected by the order;
(E) the child-care facility or school where a
child protected by the order normally resides or which the child
normally attends;
(F) the relationship or former relationship
between the person who is protected by the order and the person to
whom the order is directed;
(G) the conditions of bond imposed on the person
to whom the order is directed, if any, for the protection of a
victim in any family violence, sexual assault or abuse, indecent
assault, stalking, or trafficking case;
(H) any minimum distance the person subject to
the order is required to maintain from the protected places or
persons; and
(I) the date the order expires;
(7) grant access to criminal history record
information in the manner authorized under Subchapter F;
(8) collect and disseminate information regarding
offenders with mental impairments in compliance with Chapter 614,
Health and Safety Code; [and]
(9) record data and maintain a state database for a
computerized criminal history record system and computerized
juvenile justice information system that serves:
(A) as the record creation point for criminal
history record information and juvenile justice information
maintained by the state; and
(B) as the control terminal for the entry of
records, in accordance with federal law and regulations, federal
executive orders, and federal policy, into the federal database
maintained by the Federal Bureau of Investigation; and
(10) collect information on offenses under Section
25.03, Penal Code, including pertinent information about the
alleged offender, the complainant, and each child who is the
subject of the offense and, if applicable, pertinent information
about any court order that was violated in the commission of the
offense.
SECTION 3. Article 2.274, Code of Criminal Procedure, as
added by this Act, applies only to a peace officer who responds to a
call for assistance on or after the effective date of this Act.
SECTION 4. This Act takes effect September 1, 2021.