Texas 2023 - 88th Regular

Texas House Bill HB1720 Compare Versions

Version 1 (Old)

Version 2 (New)

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1	1	88R2698 CJD-D
2	2	By: Raymond H.B. No. 1720
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the dissemination of criminal history record
8	8	information by the Department of Public Safety concerning certain
9	9	intoxication offenses.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 411.135(a), Government Code, is amended
12	12	to read as follows:
13	13	(a) Any person is entitled to obtain from the department:
14	14	(1) any information described as public information
15	15	under Chapter 62, Code of Criminal Procedure, including, to the
16	16	extent available, a recent photograph of each person subject to
17	17	registration under that chapter; [and]
18	18	(2) criminal history record information maintained by
19	19	the department that relates to the conviction of or a grant of
20	20	deferred adjudication to a person for any criminal offense,
21	21	including arrest information that relates to the conviction or
22	22	grant of deferred adjudication; and
23	23	(3) any information described as public information
24	24	under Section 411.1356(a).
25	25	SECTION 2. Subchapter F, Chapter 411, Government Code, is
26	26	amended by adding Sections 411.1356 and 411.1357 to read as
27	27	follows:
28	28	Sec. 411.1356. PUBLIC ACCESS TO CRIMINAL HISTORY RECORD
29	29	INFORMATION CONCERNING CERTAIN INTOXICATION OFFENSES. (a)
30	30	Criminal history record information that concerns a person's
31	31	conviction or placement on deferred adjudication community
32	32	supervision within the preceding 10-year period for an offense
33	33	under Section 49.04, 49.045, 49.07, or 49.08, Penal Code, is public
34	34	information, with the exception of:
35	35	(1) any information regarding the person's social
36	36	security number, driver's license or personal identification
37	37	certificate number, or telephone number; and
38	38	(2) any information that would identify a victim of
39	39	the offense.
40	40	(b) The department shall implement and maintain an Internet
41	41	website to allow any person, free of charge, to electronically
42	42	search for and receive information described by Subsection (a). The
43	43	website must be searchable by zip code, city, county, or the name of
44	44	the person convicted or placed on deferred adjudication community
45	45	supervision. The search results must include for each person
46	46	convicted or placed on deferred adjudication community
47	47	supervision:
48	48	(1) the person's full name and last known address; and
49	49	(2) a recent photograph of the person, if a photograph
50	50	is available to the department.
51	51	(c) The department shall remove the criminal history record
52	52	information concerning a person's conviction or placement on
53	53	deferred adjudication community supervision for an offense listed
54	54	in Subsection (a) from the Internet website as soon as practicable
55	55	after the earliest of:
56	56	(1) the 10th anniversary of the date of the conviction
57	57	or placement on deferred adjudication community supervision;
58	58	(2) the date on which the conviction is reversed on
59	59	appeal;
60	60	(3) the date on which an order of nondisclosure of
61	61	criminal history record information under Subchapter E-1 is issued
62	62	with respect to the conviction or placement on deferred
63	63	adjudication community supervision; or
64	64	(4) the date on which an order of expunction is entered
65	65	with respect to records and files in the case.
66	66	Sec. 411.1357. CRIMINAL HISTORY RECORD INFORMATION
67	67	CONCERNING CERTAIN INTOXICATION OFFENSES PROVIDED TO PEACE OFFICER
68	68	ON REQUEST. (a) The department shall establish a procedure by
69	69	which a peace officer or employee of a law enforcement agency who
70	70	provides the department with a driver's license number, personal
71	71	identification certificate number, or license plate number may be
72	72	provided any criminal history record information maintained by the
73	73	department concerning a conviction or placement on deferred
74	74	adjudication community supervision of the person to whom the
75	75	license, certificate, or plate is issued for an offense under
76	76	Section 49.04, 49.045, 49.07, or 49.08, Penal Code, within the
77	77	preceding 10-year period.
78	78	(b) The procedure established under Subsection (a) must
79	79	allow a peace officer to request the information from the location
80	80	of a motor vehicle stop and to receive a response to the request
81	81	within the duration of a reasonable motor vehicle stop.
82	82	SECTION 3. Not later than August 1, 2024, the Department of
83	83	Public Safety shall implement the Internet website required under
84	84	Section 411.1356, Government Code, as added by this Act, and shall
85	85	make available to a requesting person the information described by
86	86	Section 411.1356 or 411.1357, Government Code, as added by this
87	87	Act.
88	88	SECTION 4. This Act takes effect December 1, 2023.