Texas 2025 - 89th Regular

Texas House Bill HB4776 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	89R15700 CJD-D
2	2	By: Flores H.B. No. 4776
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to a central database containing information about persons
10	10	who have been convicted of or received a grant of deferred
11	11	adjudication community supervision after pleading guilty for
12	12	certain offenses involving animal cruelty; creating a criminal
13	13	offense.
14	14	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
15	15	SECTION 1. Title 1, Code of Criminal Procedure, is amended
16	16	by adding Chapter 61 to read as follows:
17	17	CHAPTER 61. ANIMAL CRUELTY REGISTRATION PROGRAM
18	18	Art. 61.01. DEFINITIONS. In this chapter:
19	19	(1) "Department" means the Department of Public
20	20	Safety.
21	21	(2) "Local law enforcement authority" has the meaning
22	22	assigned by Article 62.001.
23	23	Art. 61.02. CENTRAL DATABASE. (a) To the extent that
24	24	funding is available under Article 61.06, the department shall
25	25	establish and maintain a computerized central database containing
26	26	information regarding persons who:
27	27	(1) have been convicted of or received a grant of
28	28	deferred adjudication community supervision after pleading guilty
29	29	for one or more offenses under Section 42.091, 42.092, 42.10, or
30	30	42.107, Penal Code; and
31	31	(2) were 17 years of age or older at the time of the
32	32	offense.
33	33	(b) If a computerized central database is established by the
34	34	department under Subsection (a), a person described by that
35	35	subsection shall register as required by this chapter until the
36	36	10th anniversary of the date the person was last convicted of or
37	37	received a grant of deferred adjudication community supervision
38	38	after pleading guilty for an offense described by Subsection
39	39	(a)(1).
40	40	(c) To the extent that funding is available under Article
41	41	61.06, the department, in cooperation with the Board of Pardons and
42	42	Paroles, the Texas Department of Criminal Justice, and the
43	43	Commission on Jail Standards, by rule shall design and implement a
44	44	system for the registration of persons described by Subsection (a).
45	45	The system must include requirements and procedures for:
46	46	(1) a person described by Subsection (a) to be
47	47	notified, before the person's discharge or release, of the person's
48	48	duty to register with a local law enforcement authority for the
49	49	period required by Subsection (b);
50	50	(2) the person to register or verify registration with
51	51	a local law enforcement authority:
52	52	(A) annually;
53	53	(B) every 90 days if the person is determined by
54	54	the department to be high risk because of the person's status as a
55	55	repeat offender; or
56	56	(C) every 30 days if the person does not have a
57	57	permanent address;
58	58	(3) the person to register with a local law
59	59	enforcement authority not later than five days after the date of a
60	60	change in the person's address;
61	61	(4) the database to track whether a person described
62	62	by Subsection (a) is in compliance with registration requirements;
63	63	(5) a local law enforcement authority to promptly
64	64	forward registration information to the department for use in the
65	65	database;
66	66	(6) the database to track whether a person described
67	67	by Subsection (a) is attending or is planning to attend a public or
68	68	private institution of higher education and, if so, the department
69	69	to promptly forward that information to the applicable institution
70	70	of higher education;
71	71	(7) the inclusion in the database and on the
72	72	department's Internet website of a recent photograph of the person,
73	73	updated annually; and
74	74	(8) the department to update the database daily.
75	75	Art. 61.03. INFORMATION PROVIDED TO LAW ENFORCEMENT ON
76	76	REQUEST. (a) In this article, "animal control officer" has the
77	77	meaning assigned by Section 829.001, Health and Safety Code.
78	78	(b) The department shall establish a procedure by which a
79	79	peace officer, an animal control officer employed by a county or
80	80	municipality, or an employee of a law enforcement agency who
81	81	provides the department with a driver's license number, personal
82	82	identification certificate number, or license plate number is
83	83	automatically provided information as to whether the person to whom
84	84	the driver's license or personal identification certificate is
85	85	issued is required to register under this chapter or whether the
86	86	license plate number is assigned to a vehicle owned or driven by a
87	87	person required to register under this chapter.
88	88	Art. 61.04. EXEMPTION FROM REGISTRATION FOR CERTAIN ANIMAL
89	89	CRUELTY OFFENDERS. (a) A person required to register under this
90	90	chapter may petition the court having jurisdiction over the case
91	91	for an order exempting the person from registration under this
92	92	chapter at any time after the person's sentencing or after the
93	93	person is placed on deferred adjudication community supervision.
94	94	(b) After a hearing on the petition described by Subsection
95	95	(a), the court may issue an order exempting the person from
96	96	registration under this chapter if the court finds that an
97	97	exemption would be in the best interest of justice.
98	98	(c) An order exempting the person from registration under
99	99	this chapter does not expire, except that the court may withdraw the
100	100	order if after the order is issued the person receives another
101	101	conviction or a grant of deferred adjudication community
102	102	supervision after pleading guilty for an offense under Section
103	103	42.091, 42.092, 42.10, or 42.107, Penal Code.
104	104	Art. 61.05. FAILURE TO COMPLY WITH REGISTRATION
105	105	REQUIREMENTS; OFFENSE. (a) A person commits an offense if the
106	106	person is required to register and fails to comply with any
107	107	requirement of this chapter.
108	108	(b) An offense under this article is a Class C misdemeanor.
109	109	Art. 61.06. FUNDING. The department may solicit and accept
110	110	a gift, grant, or donation from any source, including a foundation,
111	111	private entity, governmental entity, or institution of higher
112	112	education, for the establishment and maintenance of the
113	113	computerized central database described by this chapter and the
114	114	implementation of a related system of registration under this
115	115	chapter. The department shall establish and maintain the database
116	116	and implement the registration system only if sufficient funds are
117	117	available under this article for those purposes.
118	118	SECTION 2. (a) Chapter 61, Code of Criminal Procedure, as
119	119	added by this Act, applies only to a person who is convicted of or
120	120	receives a grant of deferred adjudication community supervision for
121	121	an offense committed on or after the effective date of this Act. A
122	122	person who is convicted of or receives a grant of deferred
123	123	adjudication community supervision for an offense committed before
124	124	the effective date of this Act is governed by the law in effect on
125	125	the date the offense was committed, and the former law is continued
126	126	in effect for that purpose. For purposes of this subsection, an
127	127	offense was committed before the effective date of this Act if any
128	128	element of the offense occurred before that date.
129	129	(b) As soon as practicable after sufficient funding becomes
130	130	available under Article 61.06, Code of Criminal Procedure, as added
131	131	by this Act:
132	132	(1) the Department of Public Safety shall establish
133	133	the requirements and procedures required by Chapter 61, Code of
134	134	Criminal Procedure, as added by this Act; and
135	135	(2) the central database required by Chapter 61, Code
136	136	of Criminal Procedure, as added by this Act, must be designed and
137	137	implemented.
138	138	SECTION 3. This Act takes effect immediately if it receives
139	139	a vote of two-thirds of all the members elected to each house, as
140	140	provided by Section 39, Article III, Texas Constitution. If this
141	141	Act does not receive the vote necessary for immediate effect, this
142	142	Act takes effect September 1, 2025.