1 | 1 | | H.B. No. 1184 |
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2 | 2 | | |
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3 | 3 | | |
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4 | 4 | | AN ACT |
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5 | 5 | | relating to access to criminal history record information for use |
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6 | 6 | | in certain research or statistical projects. |
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7 | 7 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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8 | 8 | | SECTION 1. Section 411.083(b), Government Code, is amended |
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9 | 9 | | to read as follows: |
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10 | 10 | | (b) The department shall grant access to criminal history |
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11 | 11 | | record information to: |
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12 | 12 | | (1) criminal justice agencies; |
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13 | 13 | | (2) noncriminal justice agencies authorized by |
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14 | 14 | | federal statute or executive order or by state statute to receive |
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15 | 15 | | criminal history record information; |
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16 | 16 | | (3) the person who is the subject of the criminal |
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17 | 17 | | history record information; |
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18 | 18 | | (4) a person, including a research organization or |
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19 | 19 | | public or private institution of higher education, working on a |
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20 | 20 | | research or statistical project that is related to the |
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21 | 21 | | administration of criminal justice and approved by the department |
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22 | 22 | | and that: |
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23 | 23 | | (A) is funded in whole or in part by a criminal |
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24 | 24 | | justice grant or government [state] funds; or |
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25 | 25 | | (B) meets the requirements of Part 22, Title 28, |
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26 | 26 | | Code of Federal Regulations[, and is approved by the department]; |
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27 | 27 | | (5) an individual or an agency that has a specific |
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28 | 28 | | agreement with a criminal justice agency to provide services |
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29 | 29 | | required for the administration of criminal justice under that |
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30 | 30 | | agreement, if the agreement: |
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31 | 31 | | (A) specifically authorizes access to |
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32 | 32 | | information; |
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33 | 33 | | (B) limits the use of information to the purposes |
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34 | 34 | | for which it is given; |
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35 | 35 | | (C) ensures the security and confidentiality of |
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36 | 36 | | the information; |
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37 | 37 | | (D) provides for sanctions if a requirement |
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38 | 38 | | imposed under Paragraph (A), (B), or (C) is violated; and |
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39 | 39 | | (E) requires the individual or agency to perform |
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40 | 40 | | the applicable services in a manner prescribed by the department; |
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41 | 41 | | (6) an individual or an agency that has a specific |
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42 | 42 | | agreement with a noncriminal justice agency to provide services |
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43 | 43 | | related to the use of criminal history record information |
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44 | 44 | | disseminated under this subchapter, if the agreement: |
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45 | 45 | | (A) specifically authorizes access to |
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46 | 46 | | information; |
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47 | 47 | | (B) limits the use of information to the purposes |
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48 | 48 | | for which it is given; |
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49 | 49 | | (C) ensures the security and confidentiality of |
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50 | 50 | | the information; |
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51 | 51 | | (D) provides for sanctions if a requirement |
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52 | 52 | | imposed under Paragraph (A), (B), or (C) is violated; and |
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53 | 53 | | (E) requires the individual or agency to perform |
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54 | 54 | | the applicable services in a manner prescribed by the department; |
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55 | 55 | | (7) a county or district clerk's office; and |
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56 | 56 | | (8) the Office of Court Administration of the Texas |
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57 | 57 | | Judicial System. |
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58 | 58 | | SECTION 2. This Act takes effect September 1, 2023. |
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59 | 59 | | ______________________________ ______________________________ |
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60 | 60 | | President of the Senate Speaker of the House |
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61 | 61 | | I certify that H.B. No. 1184 was passed by the House on April |
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62 | 62 | | 28, 2023, by the following vote: Yeas 122, Nays 23, 2 present, not |
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63 | 63 | | voting. |
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64 | 64 | | ______________________________ |
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65 | 65 | | Chief Clerk of the House |
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66 | 66 | | I certify that H.B. No. 1184 was passed by the Senate on May |
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67 | 67 | | 18, 2023, by the following vote: Yeas 26, Nays 5. |
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68 | 68 | | ______________________________ |
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69 | 69 | | Secretary of the Senate |
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70 | 70 | | APPROVED: _____________________ |
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71 | 71 | | Date |
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72 | 72 | | _____________________ |
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73 | 73 | | Governor |
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