Texas 2023 - 88th Regular

Texas House Bill HB5202 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	H.B. No. 5202
2	2
3	3
4	4	AN ACT
5	5	relating to a central database containing information about
6	6	offenders who have committed certain violent offenses.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	SECTION 1. Section 411.088(b), Government Code, is amended
9	9	to read as follows:
10	10	(b) The department may not charge for processing an
11	11	electronic inquiry, made through the use of the Internet, for
12	12	information described as public information under:
13	13	(1) Section 411.1355; or
14	14	(2) Article 62.005, Code of Criminal Procedure[, made
15	15	through the use of the Internet].
16	16	SECTION 2. Section 411.135(a), Government Code, is amended
17	17	to read as follows:
18	18	(a) Any person is entitled to obtain from the department:
19	19	(1) any information described as public information
20	20	under Chapter 62, Code of Criminal Procedure, including, to the
21	21	extent available, a recent photograph of each person subject to
22	22	registration under that chapter; [and]
23	23	(2) criminal history record information maintained by
24	24	the department that relates to the conviction of or a grant of
25	25	deferred adjudication to a person for any criminal offense,
26	26	including arrest information that relates to the conviction or
27	27	grant of deferred adjudication; and
28	28	(3) any information described as public information
29	29	under Section 411.1355.
30	30	SECTION 3. Subchapter F, Chapter 411, Government Code, is
31	31	amended by adding Section 411.1355 to read as follows:
32	32	Sec. 411.1355. CENTRAL DATABASE OF OFFENDERS WHO HAVE
33	33	COMMITTED CERTAIN VIOLENT OFFENSES. (a) The department shall
34	34	maintain a computerized central database containing information
35	35	regarding persons who on two or more occasions have been convicted
36	36	of:
37	37	(1) an offense under Section 22.01, 22.011, 22.02, or
38	38	22.021, Penal Code, for which an affirmative finding was made under
39	39	Article 42.013, Code of Criminal Procedure;
40	40	(2) an offense under Section 25.11 or 42.072, Penal
41	41	Code; or
42	42	(3) any combination of offenses described by
43	43	Subdivision (1) or (2).
44	44	(b) The information contained in the database is public
45	45	information, with the exception of any information:
46	46	(1) regarding the person's social security number,
47	47	driver's license number, or telephone number; or
48	48	(2) that would identify the victim of the offense.
49	49	(c) The database maintained by the department under this
50	50	section must contain, to the extent the information is available to
51	51	the department:
52	52	(1) the person's full name, each alias used by the
53	53	person, and the person's date of birth;
54	54	(2) a physical description and recent photograph of
55	55	the person;
56	56	(3) a list of offenses described by Subsection (a) of
57	57	which the person was convicted, the date of conviction of each
58	58	offense, and the punishment prescribed for each offense; and
59	59	(4) an indication as to whether the person was
60	60	discharged, placed on community supervision, or released on parole
61	61	or to mandatory supervision following conviction of each offense.
62	62	(d) The department shall permit a person whose name is
63	63	included in the database established under this section to petition
64	64	the department for removal of the person's name from the database,
65	65	and the department shall remove the person's name from the database
66	66	in response to the petition if:
67	67	(1) an order of expunction is issued under Chapter 55,
68	68	Code of Criminal Procedure, with respect to one of the offenses
69	69	described by Subsection (a), unless the person has been convicted
70	70	three or more times of an offense described by that subsection; or
71	71	(2) during the seven-year period preceding the date of
72	72	the petition, the person is not convicted of an offense described by
73	73	Subsection (a).
74	74	(e) On the Internet website through which a person may
75	75	search the database described by this section, the department shall
76	76	include in a prominent location information regarding:
77	77	(1) the manner in which a person may petition the
78	78	department for removal of a person's name from the database,
79	79	including any forms required by the department for the petitions to
80	80	be used for the purpose;
81	81	(2) the circumstances under which the department will
82	82	grant a petition; and
83	83	(3) contact information for family violence
84	84	organizations.
85	85	(f) The department shall consult with a representative of a
86	86	statewide advocacy organization for issues related to family
87	87	violence and victim safety regarding implementation of the database
88	88	and the information required to be included on the database website
89	89	under Subsection (e)(3).
90	90	SECTION 4. (a) The central database required by Section
91	91	411.1355, Government Code, as added by this Act, must be designed
92	92	and implemented not later than January 1, 2024, and must include the
93	93	information of offenders to which that section applies, regardless
94	94	of whether the offenses were committed before, on, or after the
95	95	effective date of this Act, subject to Subsection (b) of this
96	96	section.
97	97	(b) The Department of Public Safety may not include
98	98	information concerning a person convicted of two or more offenses
99	99	described by Section 411.1355(a), Government Code, as added by this
100	100	Act, that were committed before the effective date of this Act if on
101	101	the date the department implements the database the department
102	102	would be required to remove the person's name from the database
103	103	under Subsection (d) of that section in response to a petition filed
104	104	by the person under that subsection.
105	105	SECTION 5. This Act takes effect immediately if it receives
106	106	a vote of two-thirds of all the members elected to each house, as
107	107	provided by Section 39, Article III, Texas Constitution. If this
108	108	Act does not receive the vote necessary for immediate effect, this
109	109	Act takes effect September 1, 2023.
110	110	______________________________ ______________________________
111	111	President of the Senate Speaker of the House
112	112	I certify that H.B. No. 5202 was passed by the House on May 9,
113	113	2023, by the following vote: Yeas 129, Nays 13, 2 present, not
114	114	voting.
115	115	______________________________
116	116	Chief Clerk of the House
117	117	I certify that H.B. No. 5202 was passed by the Senate on May
118	118	23, 2023, by the following vote: Yeas 30, Nays 1.
119	119	______________________________
120	120	Secretary of the Senate
121	121	APPROVED: _____________________
122	122	Date
123	123	_____________________
124	124	Governor