88R6953 PRL-D
By: Moody H.B. No. 1385
A BILL TO BE ENTITLED
AN ACT
relating to access to criminal history record information by county
offices providing pretrial release services.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 411.083(b) and (c), Government Code,
are amended to read as follows:
(b) The department shall grant access to criminal history
record information to:
(1) criminal justice agencies;
(2) noncriminal justice agencies authorized by
federal statute or executive order or by state statute to receive
criminal history record information;
(3) the person who is the subject of the criminal
history record information;
(4) a person working on a research or statistical
project that:
(A) is funded in whole or in part by state funds;
or
(B) meets the requirements of Part 22, Title 28,
Code of Federal Regulations, and is approved by the department;
(5) an individual or an agency that has a specific
agreement with a criminal justice agency to provide services
required for the administration of criminal justice under that
agreement, if the agreement:
(A) specifically authorizes access to
information;
(B) limits the use of information to the purposes
for which it is given;
(C) ensures the security and confidentiality of
the information;
(D) provides for sanctions if a requirement
imposed under Paragraph (A), (B), or (C) is violated; and
(E) requires the individual or agency to perform
the applicable services in a manner prescribed by the department;
(6) an individual or an agency that has a specific
agreement with a noncriminal justice agency to provide services
related to the use of criminal history record information
disseminated under this subchapter, if the agreement:
(A) specifically authorizes access to
information;
(B) limits the use of information to the purposes
for which it is given;
(C) ensures the security and confidentiality of
the information;
(D) provides for sanctions if a requirement
imposed under Paragraph (A), (B), or (C) is violated; and
(E) requires the individual or agency to perform
the applicable services in a manner prescribed by the department;
(7) a county or district clerk's office; [and]
(8) a county office monitoring the pretrial release of
a defendant, including:
(A) a community supervision and corrections
department established for one or more counties under Chapter 76;
or
(B) a personal bond office established for one or
more counties under Article 17.42, Code of Criminal Procedure; and
(9) the Office of Court Administration of the Texas
Judicial System.
(c) The department may disseminate criminal history record
information under Subsection (b)(1) only for a criminal justice
purpose. The department may disseminate criminal history record
information under Subsection (b)(2) only for a purpose specified in
the statute or order. The department may disseminate criminal
history record information under Subsection (b)(4), (5), or (6)
only for a purpose approved by the department and only under rules
adopted by the department. The department may disseminate criminal
history record information under Subsection (b)(7) only to the
extent necessary for a county or district clerk to perform a duty
imposed by law to collect and report criminal court disposition
information. Criminal history record information disseminated to a
clerk under Subsection (b)(7) may be used by the clerk only to
ensure that information reported by the clerk to the department is
accurate and complete. The dissemination of information to a clerk
under Subsection (b)(7) does not affect the authority of the clerk
to disclose or use information submitted by the clerk to the
department. The department may disseminate criminal history record
information under Subsection (b)(8) only to the extent necessary
for a county office to perform a duty imposed by law to monitor the
pretrial release of a defendant. The department may disseminate
criminal history record information under Subsection (b)(9)
[(b)(8)] only to the extent necessary for the office of court
administration to perform a duty imposed by law, including the
development and maintenance of the public safety report system as
required by Article 17.021, Code of Criminal Procedure, or to
compile court statistics or prepare reports. The office of court
administration may disclose criminal history record information
obtained from the department under Subsection (b)(9) [(b)(8)]:
(1) in a public safety report prepared under Article
17.022, Code of Criminal Procedure; or
(2) in a statistic compiled by the office or a report
prepared by the office, but only in a manner that does not identify
the person who is the subject of the information.
SECTION 2. This Act takes effect September 1, 2023.