| 1 | 1 | | 89R11590 CJD-D |
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| 2 | 2 | | By: McLaughlin H.B. No. 3009 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to the qualifying offenses and related information |
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| 10 | 10 | | included in the Department of Public Safety's computerized central |
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| 11 | 11 | | database of offenders who have committed certain violent offenses. |
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| 12 | 12 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 13 | 13 | | SECTION 1. Sections 411.1355(a) and (c), Government Code, |
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| 14 | 14 | | are amended to read as follows: |
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| 15 | 15 | | (a) The department shall maintain a computerized central |
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| 16 | 16 | | database containing information regarding persons who: |
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| 17 | 17 | | (1) on two or more occasions have been convicted of: |
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| 18 | 18 | | (A) [(1)] an offense under Section 22.01, |
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| 19 | 19 | | 22.011, 22.02, or 22.021, Penal Code, for which an affirmative |
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| 20 | 20 | | finding was made under Article 42.013, Code of Criminal Procedure; |
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| 21 | 21 | | (B) [(2)] an offense under Section 25.11 or |
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| 22 | 22 | | 42.072, Penal Code; or |
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| 23 | 23 | | (C) [(3)] any combination of offenses described |
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| 24 | 24 | | by Paragraph (A) or (B); or |
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| 25 | 25 | | (2) are unlawfully present in the United States and on |
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| 26 | 26 | | two or more occasions have been convicted of an offense under state |
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| 27 | 27 | | law, federal law, or the laws of a federally recognized Indian Tribe |
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| 28 | 28 | | that has as an element the intentional or knowing use, attempted |
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| 29 | 29 | | use, or threatened use of force or deadly force against any person |
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| 30 | 30 | | [Subdivision (1) or (2)]. |
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| 31 | 31 | | (c) The database maintained by the department under this |
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| 32 | 32 | | section must contain, to the extent the information is available to |
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| 33 | 33 | | the department: |
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| 34 | 34 | | (1) the person's full name, each alias used by the |
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| 35 | 35 | | person, and the person's date of birth; |
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| 36 | 36 | | (2) a physical description and recent photograph of |
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| 37 | 37 | | the person; |
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| 38 | 38 | | (3) a list of offenses described by Subsection (a) of |
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| 39 | 39 | | which the person was convicted, the date of conviction of each |
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| 40 | 40 | | offense, and the punishment prescribed for each offense; [and] |
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| 41 | 41 | | (4) an indication as to whether the person was |
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| 42 | 42 | | discharged, placed on community supervision, or released on parole |
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| 43 | 43 | | or to mandatory supervision following conviction of each offense; |
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| 44 | 44 | | and |
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| 45 | 45 | | (5) for an individual described by Subsection (a)(2), |
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| 46 | 46 | | the last known location of the individual. |
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| 47 | 47 | | SECTION 2. (a) Subject to Subsection (b) of this section, |
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| 48 | 48 | | the change in law made by this Act applies to an offense committed |
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| 49 | 49 | | before, on, or after the effective date of this Act. As soon as |
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| 50 | 50 | | practicable after the effective date of this Act, but not later than |
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| 51 | 51 | | January 1, 2026, the Department of Public Safety shall include in |
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| 52 | 52 | | the database described by Section 411.1355, Government Code, |
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| 53 | 53 | | information regarding each person convicted of two or more offenses |
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| 54 | 54 | | described by Section 411.1355(a)(2), Government Code, as amended by |
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| 55 | 55 | | this Act, committed before the effective date of this Act. |
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| 56 | 56 | | (b) The Department of Public Safety may not include in the |
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| 57 | 57 | | database described by Section 411.1355, Government Code, |
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| 58 | 58 | | information concerning a person convicted of two or more offenses |
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| 59 | 59 | | described by Section 411.1355(a)(2), Government Code, as amended by |
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| 60 | 60 | | this Act, that were committed before the effective date of this Act |
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| 61 | 61 | | if on the effective date of this Act the department would be |
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| 62 | 62 | | required to remove the person's name from the database under |
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| 63 | 63 | | Section 411.1355(d), Government Code, in response to a petition |
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| 64 | 64 | | filed by the person under that subsection. |
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| 65 | 65 | | SECTION 3. This Act takes effect immediately if it receives |
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| 66 | 66 | | a vote of two-thirds of all the members elected to each house, as |
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| 67 | 67 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 68 | 68 | | Act does not receive the vote necessary for immediate effect, this |
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| 69 | 69 | | Act takes effect September 1, 2025. |
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