Texas 2023 - 88th Regular

Texas House Bill HB2043 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	88R22909 CJD-F
2	2	By: Bowers, et al. H.B. No. 2043
3	3	Substitute the following for H.B. No. 2043:
4	4	By: Moody C.S.H.B. No. 2043
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to a criminal justice system pretrial and sentencing
10	10	database established by the Office of Court Administration of the
11	11	Texas Judicial System.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Chapter 72, Government Code, is amended by
14	14	adding Subchapter H to read as follows:
15	15	SUBCHAPTER H. CRIMINAL JUSTICE SYSTEM PRETRIAL AND SENTENCING
16	16	DATABASE
17	17	Sec. 72.201. DATABASE. (a) The office shall establish and
18	18	maintain a database to collect, compile, and analyze pretrial and
19	19	sentencing information for each defendant arrested for an offense
20	20	in this state.
21	21	(b) The office shall include in the database the following
22	22	information for each defendant, as applicable:
23	23	(1) the cause number of the case;
24	24	(2) the court in which the case is pending;
25	25	(3) the defendant's:
26	26	(A) date of birth;
27	27	(B) race, ethnicity, and sex;
28	28	(C) primary language; and
29	29	(D) zip code and county of residence provided at
30	30	arrest;
31	31	(4) the offense for which the defendant was arrested,
32	32	including the date the offense was committed and the punishment
33	33	classification level;
34	34	(5) the date and county of arrest;
35	35	(6) the date and time the person was taken to jail
36	36	after arrest;
37	37	(7) whether the defendant was determined to be
38	38	indigent for purposes of appointment of counsel under Article
39	39	26.04, Code of Criminal Procedure;
40	40	(8) information regarding bail in the case, including:
41	41	(A) the date bail was set;
42	42	(B) the name and position of the person setting
43	43	bail;
44	44	(C) the type of bail and, for a monetary bail
45	45	bond, the amount of bail;
46	46	(D) the date of the defendant's release on bail;
47	47	(E) whether the defendant filed an affidavit
48	48	under Article 17.028(f), Code of Criminal Procedure;
49	49	(F) any conditions of release on bail;
50	50	(G) whether the defendant was denied bail; and
51	51	(H) whether the defendant remained in jail after
52	52	bail was set;
53	53	(9) the length of pretrial confinement;
54	54	(10) any modification of the conditions of release on
55	55	bail after the defendant's release;
56	56	(11) whether the defendant failed to appear for a
57	57	scheduled court appearance;
58	58	(12) whether the defendant's release on bail was
59	59	revoked due to a violation of a condition of release;
60	60	(13) whether the defendant was arrested for committing
61	61	an offense while released on bail or community supervision in the
62	62	same county as the previous offense;
63	63	(14) the disposition of the case, including the
64	64	sentence imposed;
65	65	(15) the date the defendant's sentence commenced; and
66	66	(16) any credit for time served.
67	67	(c) Information in the database is public information and
68	68	subject to disclosure under Chapter 552.
69	69	Sec. 72.202. SUBMISSION OF INFORMATION. (a) Each law
70	70	enforcement agency in this state shall collect the information
71	71	described by Section 72.201(b) and, not later than the fifth day of
72	72	each month, submit the information to the clerk of the court in
73	73	which the applicable case is pending.
74	74	(b) Not later than the 10th day of each month, the clerk of
75	75	each court in this state with criminal jurisdiction shall submit to
76	76	the office, on a form prescribed by the office, the information
77	77	described by Section 72.201(b) with respect to defendants arrested
78	78	for offenses in the preceding month.
79	79	(c) In submitting the information, the law enforcement
80	80	agency and clerk shall include any updated or additional
81	81	information with respect to each defendant for whom information has
82	82	already been reported.
83	83	Sec. 72.203. PUBLISHED INFORMATION. (a) Except as
84	84	provided by Subsection (d), the office shall publish deidentified
85	85	pretrial and sentencing data from the database on the office's
86	86	Internet website in a modern, open, electronic format that is
87	87	machine-readable and readily accessible by the public free of
88	88	charge. The office shall update the information on the Internet
89	89	website on an annual basis.
90	90	(b) The published data must be searchable by each item of
91	91	information described by Section 72.201(b).
92	92	(c) The data published on the office's Internet website may
93	93	not disclose the name or identifying information of a defendant.
94	94	(d) The office may not publish data at the offense level for
95	95	any offense for which there are fewer than five arrests during a
96	96	year.
97	97	Sec. 72.204. RULES. The office may adopt rules as necessary
98	98	to implement this subchapter.
99	99	SECTION 2. As soon as practicable after the effective date
100	100	of this Act, the Office of Court Administration of the Texas
101	101	Judicial System shall establish the database described by Section
102	102	72.201, Government Code, as added by this Act.
103	103	SECTION 3. A law enforcement agency or court is not required
104	104	to submit information under Section 72.202, Government Code, as
105	105	added by this Act, with respect to any defendant arrested before the
106	106	effective date of this Act.
107	107	SECTION 4. The Office of Court Administration of the Texas
108	108	Judicial System shall begin publishing pretrial and sentencing data
109	109	under Section 72.203, Government Code, as added by this Act, not
110	110	later than January 1, 2024.
111	111	SECTION 5. This Act takes effect September 1, 2023.