Bill Text: TX HB107 | 2019-2020 | 86th Legislature | Introduced
Bill Title: Relating to the dissemination of criminal history record information by the Department of Public Safety concerning certain intoxication criminal offenses.
Sponsorship: Partisan Bill (Democrat 1)
Status: (Introduced - Dead) 2019-04-17 - Left pending in committee [HB107 Detail]
Download: Texas-2019-HB107-Introduced.html
| 86R612 GCB-D | ||
| By: Raymond | H.B. No. 107 | |
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| relating to the dissemination of criminal history record | ||
| information by the Department of Public Safety concerning certain | ||
| intoxication criminal offenses. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Section 411.135(a), Government Code, is amended | ||
| to read as follows: | ||
| (a) Any person is entitled to obtain from the department: | ||
| (1) any information described as public information | ||
| under Chapter 62, Code of Criminal Procedure, including, to the | ||
| extent available, a recent photograph of each person subject to | ||
| registration under that chapter; [ |
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| (2) criminal history record information maintained by | ||
| the department that relates to the conviction of or a grant of | ||
| deferred adjudication to a person for any criminal offense, | ||
| including arrest information that relates to the conviction or | ||
| grant of deferred adjudication; and | ||
| (3) any information described as public information | ||
| under Section 411.1356(a). | ||
| SECTION 2. Subchapter F, Chapter 411, Government Code, is | ||
| amended by adding Sections 411.1356 and 411.1357 to read as | ||
| follows: | ||
| Sec. 411.1356. PUBLIC ACCESS TO CRIMINAL HISTORY RECORD | ||
| INFORMATION CONCERNING CERTAIN INTOXICATION OFFENSES. (a) | ||
| Criminal history record information that concerns a person's | ||
| conviction within the preceding 10-year period for an offense under | ||
| Section 49.04, 49.045, 49.07, or 49.08, Penal Code, is public | ||
| information, with the exception of: | ||
| (1) any information regarding the person's social | ||
| security number, driver's license or personal identification | ||
| certificate number, or telephone number; and | ||
| (2) any information that would identify a victim of | ||
| the offense. | ||
| (b) The department shall implement and maintain an Internet | ||
| website to allow any person, free of charge, to electronically | ||
| search for and receive information described by Subsection (a). The | ||
| website must be searchable by zip code, city, county, or the name of | ||
| the person convicted. The search results must include for each | ||
| person convicted: | ||
| (1) the person's full name and last known address; and | ||
| (2) a recent photograph of the person, if a photograph | ||
| is available to the department. | ||
| (c) The department shall remove the criminal history record | ||
| information concerning a person's conviction for an offense listed | ||
| in Subsection (a) from the Internet website as soon as practicable | ||
| after the earliest of: | ||
| (1) the 10th anniversary of the date of the | ||
| conviction; | ||
| (2) the date on which the conviction is reversed on | ||
| appeal; | ||
| (3) the date on which an order of nondisclosure of | ||
| criminal history record information under Subchapter E-1 is issued | ||
| with respect to that conviction; or | ||
| (4) the date on which an order of expunction is entered | ||
| with respect to records and files in the case. | ||
| Sec. 411.1357. CRIMINAL HISTORY RECORD INFORMATION | ||
| CONCERNING CERTAIN INTOXICATION OFFENSES PROVIDED TO PEACE OFFICER | ||
| ON REQUEST. (a) The department shall establish a procedure by | ||
| which a peace officer or employee of a law enforcement agency who | ||
| provides the department with a driver's license number, personal | ||
| identification certificate number, or license plate number may be | ||
| provided any criminal history record information maintained by the | ||
| department concerning a conviction of the person to whom the | ||
| license, certificate, or plate is issued for an offense under | ||
| Section 49.04, 49.045, 49.07, or 49.08, Penal Code, within the | ||
| preceding 10-year period. | ||
| (b) The procedure established under Subsection (a) must | ||
| allow a peace officer to request the information from the location | ||
| of a motor vehicle stop and to receive a response to the request | ||
| within the duration of a reasonable motor vehicle stop. | ||
| SECTION 3. Not later than August 1, 2020, the Department of | ||
| Public Safety shall implement the Internet website required under | ||
| Section 411.1356, Government Code, as added by this Act, and shall | ||
| make available to a requesting person the information described by | ||
| Section 411.1356 or 411.1357, Government Code, as added by this | ||
| Act. | ||
| SECTION 4. This Act takes effect December 1, 2019. | ||
