Texas 2023 - 88th Regular

Texas House Bill HB1385 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	By: Moody (Senate Sponsor - King) H.B. No. 1385
2	2	(In the Senate - Received from the House May 8, 2023;
3	3	May 9, 2023, read first time and referred to Committee on Criminal
4	4	Justice; May 19, 2023, reported favorably by the following vote:
5	5	Yeas 7, Nays 0; May 19, 2023, sent to printer.)
6	6	Click here to see the committee vote
7	7
8	8
9	9	A BILL TO BE ENTITLED
10	10	AN ACT
11	11	relating to access to criminal history record information by county
12	12	offices providing pretrial release services.
13	13	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	14	SECTION 1. Sections 411.083(b) and (c), Government Code,
15	15	are amended to read as follows:
16	16	(b) The department shall grant access to criminal history
17	17	record information to:
18	18	(1) criminal justice agencies;
19	19	(2) noncriminal justice agencies authorized by
20	20	federal statute or executive order or by state statute to receive
21	21	criminal history record information;
22	22	(3) the person who is the subject of the criminal
23	23	history record information;
24	24	(4) a person working on a research or statistical
25	25	project that:
26	26	(A) is funded in whole or in part by state funds;
27	27	or
28	28	(B) meets the requirements of Part 22, Title 28,
29	29	Code of Federal Regulations, and is approved by the department;
30	30	(5) an individual or an agency that has a specific
31	31	agreement with a criminal justice agency to provide services
32	32	required for the administration of criminal justice under that
33	33	agreement, if the agreement:
34	34	(A) specifically authorizes access to
35	35	information;
36	36	(B) limits the use of information to the purposes
37	37	for which it is given;
38	38	(C) ensures the security and confidentiality of
39	39	the information;
40	40	(D) provides for sanctions if a requirement
41	41	imposed under Paragraph (A), (B), or (C) is violated; and
42	42	(E) requires the individual or agency to perform
43	43	the applicable services in a manner prescribed by the department;
44	44	(6) an individual or an agency that has a specific
45	45	agreement with a noncriminal justice agency to provide services
46	46	related to the use of criminal history record information
47	47	disseminated under this subchapter, if the agreement:
48	48	(A) specifically authorizes access to
49	49	information;
50	50	(B) limits the use of information to the purposes
51	51	for which it is given;
52	52	(C) ensures the security and confidentiality of
53	53	the information;
54	54	(D) provides for sanctions if a requirement
55	55	imposed under Paragraph (A), (B), or (C) is violated; and
56	56	(E) requires the individual or agency to perform
57	57	the applicable services in a manner prescribed by the department;
58	58	(7) a county or district clerk's office; [and]
59	59	(8) a county office monitoring the pretrial release of
60	60	a defendant, including:
61	61	(A) a community supervision and corrections
62	62	department established for one or more counties under Chapter 76;
63	63	or
64	64	(B) a personal bond office established for one or
65	65	more counties under Article 17.42, Code of Criminal Procedure; and
66	66	(9) the Office of Court Administration of the Texas
67	67	Judicial System.
68	68	(c) The department may disseminate criminal history record
69	69	information under Subsection (b)(1) or (8) only for a criminal
70	70	justice purpose. The department may disseminate criminal history
71	71	record information under Subsection (b)(2) only for a purpose
72	72	specified in the statute or order. The department may disseminate
73	73	criminal history record information under Subsection (b)(4), (5),
74	74	or (6) only for a purpose approved by the department and only under
75	75	rules adopted by the department. The department may disseminate
76	76	criminal history record information under Subsection (b)(7) only to
77	77	the extent necessary for a county or district clerk to perform a
78	78	duty imposed by law to collect and report criminal court
79	79	disposition information. Criminal history record information
80	80	disseminated to a clerk under Subsection (b)(7) may be used by the
81	81	clerk only to ensure that information reported by the clerk to the
82	82	department is accurate and complete. The dissemination of
83	83	information to a clerk under Subsection (b)(7) does not affect the
84	84	authority of the clerk to disclose or use information submitted by
85	85	the clerk to the department. The department may disseminate
86	86	criminal history record information under Subsection (b)(9)
87	87	[(b)(8)] only to the extent necessary for the office of court
88	88	administration to perform a duty imposed by law, including the
89	89	development and maintenance of the public safety report system as
90	90	required by Article 17.021, Code of Criminal Procedure, or to
91	91	compile court statistics or prepare reports. The office of court
92	92	administration may disclose criminal history record information
93	93	obtained from the department under Subsection (b)(9) [(b)(8)]:
94	94	(1) in a public safety report prepared under Article
95	95	17.022, Code of Criminal Procedure; or
96	96	(2) in a statistic compiled by the office or a report
97	97	prepared by the office, but only in a manner that does not identify
98	98	the person who is the subject of the information.
99	99	SECTION 2. This Act takes effect September 1, 2023.
100	100	* * * * *