89R11590 CJD-D
By: McLaughlin H.B. No. 3009
A BILL TO BE ENTITLED
AN ACT
relating to the qualifying offenses and related information
included in the Department of Public Safety's computerized central
database of offenders who have committed certain violent offenses.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 411.1355(a) and (c), Government Code,
are amended to read as follows:
(a) The department shall maintain a computerized central
database containing information regarding persons who:
(1) on two or more occasions have been convicted of:
(A) [(1)] an offense under Section 22.01,
22.011, 22.02, or 22.021, Penal Code, for which an affirmative
finding was made under Article 42.013, Code of Criminal Procedure;
(B) [(2)] an offense under Section 25.11 or
42.072, Penal Code; or
(C) [(3)] any combination of offenses described
by Paragraph (A) or (B); or
(2) are unlawfully present in the United States and on
two or more occasions have been convicted of an offense under state
law, federal law, or the laws of a federally recognized Indian Tribe
that has as an element the intentional or knowing use, attempted
use, or threatened use of force or deadly force against any person
[Subdivision (1) or (2)].
(c) The database maintained by the department under this
section must contain, to the extent the information is available to
the department:
(1) the person's full name, each alias used by the
person, and the person's date of birth;
(2) a physical description and recent photograph of
the person;
(3) a list of offenses described by Subsection (a) of
which the person was convicted, the date of conviction of each
offense, and the punishment prescribed for each offense; [and]
(4) an indication as to whether the person was
discharged, placed on community supervision, or released on parole
or to mandatory supervision following conviction of each offense;
and
(5) for an individual described by Subsection (a)(2),
the last known location of the individual.
SECTION 2. (a) Subject to Subsection (b) of this section,
the change in law made by this Act applies to an offense committed
before, on, or after the effective date of this Act. As soon as
practicable after the effective date of this Act, but not later than
January 1, 2026, the Department of Public Safety shall include in
the database described by Section 411.1355, Government Code,
information regarding each person convicted of two or more offenses
described by Section 411.1355(a)(2), Government Code, as amended by
this Act, committed before the effective date of this Act.
(b) The Department of Public Safety may not include in the
database described by Section 411.1355, Government Code,
information concerning a person convicted of two or more offenses
described by Section 411.1355(a)(2), Government Code, as amended by
this Act, that were committed before the effective date of this Act
if on the effective date of this Act the department would be
required to remove the person's name from the database under
Section 411.1355(d), Government Code, in response to a petition
filed by the person under that subsection.
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2025.