Bill Text: TX HB1525 | 2015-2016 | 84th Legislature | Comm Sub
Bill Title: Relating to the collection and reporting of information relating to certain offenses involving family violence.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2015-05-14 - Placed on General State Calendar [HB1525 Detail]
Download: Texas-2015-HB1525-Comm_Sub.html
84R23228 KJE-D | |||
By: Farrar | H.B. No. 1525 | ||
Substitute the following for H.B. No. 1525: | |||
By: Phillips | C.S.H.B. No. 1525 |
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relating to the collection and reporting of information relating to | ||
certain offenses involving family violence. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Sections 411.042(b), (h), and (i), Government | ||
Code, are amended to read as follows: | ||
(b) The bureau of identification and records shall: | ||
(1) procure and file for record photographs, pictures, | ||
descriptions, fingerprints, measurements, and other pertinent | ||
information of all persons arrested for or charged with a criminal | ||
offense or convicted of a criminal offense, regardless of whether | ||
the conviction is probated; | ||
(2) collect information concerning the number and | ||
nature of offenses reported or known to have been committed in the | ||
state and the legal steps taken in connection with the offenses, and | ||
other information useful in the study of crime and the | ||
administration of justice, including information that enables the | ||
bureau to create a statistical breakdown of: | ||
(A) offenses in which family violence was | ||
involved, including offenses: | ||
(i) for which an affirmative finding of | ||
family violence was made under Article 42.013, Code of Criminal | ||
Procedure; | ||
(ii) under Section 25.07 or 25.072, Penal | ||
Code, if the offense is based on a violation of an order or a | ||
condition of bond in a case involving family violence; and | ||
(iii) under Section 25.11, Penal Code; | ||
(B) offenses under Sections 22.011 and 22.021, | ||
Penal Code; and | ||
(C) offenses under Sections 20A.02 and 43.05, | ||
Penal Code; | ||
(3) make ballistic tests of bullets and firearms and | ||
chemical analyses of bloodstains, cloth, materials, and other | ||
substances for law enforcement officers of the state; | ||
(4) cooperate with identification and crime records | ||
bureaus in other states and the United States Department of | ||
Justice; | ||
(5) maintain a list of all previous background checks | ||
for applicants for any position regulated under Chapter 1702, | ||
Occupations Code, who have undergone a criminal history background | ||
check under Section 411.119, if the check indicates a Class B | ||
misdemeanor or equivalent offense or a greater offense; | ||
(6) collect information concerning the number and | ||
nature of protective orders and all other pertinent information | ||
about all persons on active protective orders, including pertinent | ||
information about persons subject to conditions of bond imposed for | ||
the protection of the victim in any family violence, sexual assault | ||
or abuse, or stalking case. Information in the law enforcement | ||
information system relating to an active protective order shall | ||
include: | ||
(A) the name, sex, race, date of birth, personal | ||
descriptors, address, and county of residence of the person to whom | ||
the order is directed; | ||
(B) any known identifying number of the person to | ||
whom the order is directed, including the person's social security | ||
number or driver's license number; | ||
(C) the name and county of residence of the | ||
person protected by the order; | ||
(D) the residence address and place of employment | ||
or business of the person protected by the order, unless that | ||
information is excluded from the order under Section 85.007, Family | ||
Code; | ||
(E) the child-care facility or school where a | ||
child protected by the order normally resides or which the child | ||
normally attends, unless that information is excluded from the | ||
order under Section 85.007, Family Code; | ||
(F) the relationship or former relationship | ||
between the person who is protected by the order and the person to | ||
whom the order is directed; | ||
(G) the conditions of bond imposed on the person | ||
to whom the order is directed, if any, for the protection of a | ||
victim in any family violence, sexual assault or abuse, or stalking | ||
case; and | ||
(H) the date the order expires; | ||
(7) grant access to criminal history record | ||
information in the manner authorized under Subchapter F; | ||
(8) collect and disseminate information regarding | ||
offenders with mental impairments in compliance with Chapter 614, | ||
Health and Safety Code; and | ||
(9) record data and maintain a state database for a | ||
computerized criminal history record system and computerized | ||
juvenile justice information system that serves: | ||
(A) as the record creation point for criminal | ||
history record information and juvenile justice information | ||
maintained by the state; and | ||
(B) as the control terminal for the entry of | ||
records, in accordance with federal law and regulations, federal | ||
executive orders, and federal policy, into the federal database | ||
maintained by the Federal Bureau of Investigation. | ||
(h) Information collected to perform a statistical | ||
breakdown of offenses in which family violence was involved and | ||
offenses under Sections 22.011 and 22.021, Penal Code, as required | ||
by Subsection (b)(2) must include information indicating the | ||
specific offense committed and information regarding: | ||
(1) each [ |
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(2) the offender and the offender's relationship to | ||
each [ |
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(3) any weapons used or exhibited in the commission of | ||
the offense; [ |
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(4) any injuries sustained by each [ |
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including whether the victim died as a result of the offense; and | ||
(5) the law enforcement agency or other governmental | ||
entity that reported the offense to the department. | ||
(i) A law enforcement agency shall report offenses in which | ||
family violence was involved and offenses under Section 22.011 or | ||
22.021, Penal Code, to the department in the form and manner and at | ||
regular intervals as prescribed by rules adopted by the | ||
department. The report must include the information described by | ||
Subsection (h). | ||
SECTION 2. Subchapter D, Chapter 411, Government Code, is | ||
amended by adding Section 411.0491 to read as follows: | ||
Sec. 411.0491. REPORT RELATED TO CERTAIN OFFENSES INVOLVING | ||
FAMILY VIOLENCE. (a) In this section, "offense involving family | ||
violence" means an offense: | ||
(1) for which an affirmative finding of family | ||
violence was made under Article 42.013, Code of Criminal Procedure; | ||
(2) under Section 25.07, Penal Code (Violation of | ||
Certain Court Orders or Conditions of Bond in a Family Violence, | ||
Sexual Assault or Abuse, or Stalking Case), or Section 25.072, | ||
Penal Code (Repeated Violation of Certain Court Orders or | ||
Conditions of Bond in Family Violence Case), if the offense is based | ||
on a violation of an order or a condition of bond in a case involving | ||
family violence; or | ||
(3) under Section 25.11, Penal Code (Continuous | ||
Violence Against the Family). | ||
(b) The department shall compile and maintain statistical | ||
information on offenses involving family violence, including: | ||
(1) the number of convictions, disaggregated by | ||
offense; and | ||
(2) the number of convictions of offenders who had | ||
been previously convicted of an offense involving family violence. | ||
(c) The department by rule shall identify the governmental | ||
entities that possess information required by Subsection (b). A | ||
governmental entity identified by the department under this | ||
subsection shall report the information to the department in the | ||
manner prescribed by the department. | ||
(d) The department shall identify governmental entities | ||
required to report under Subsection (c) that fail to timely report | ||
or that report incomplete information to the department. | ||
(e) Not later than February 15 of each year, the department | ||
shall submit to the legislature and post on the department's | ||
Internet website a report of the statistical information described | ||
in Subsection (b) that was compiled for the preceding calendar | ||
year. The report must include a list of the governmental entities | ||
identified by the department under Subsection (d). | ||
(f) The department may adopt rules as necessary to implement | ||
this section. In adopting rules under this subsection, the | ||
department may consult with a statewide family violence advocacy | ||
organization and a statewide sexual assault advocacy organization. | ||
SECTION 3. (a) The changes in law made by this Act to | ||
Section 411.042, Government Code, apply beginning January 1, 2017. | ||
(b) Notwithstanding Section 411.0491(e), Government Code, | ||
as added by this Act, the Department of Public Safety is required to | ||
submit the initial report required by that section not later than | ||
February 15, 2017. | ||
SECTION 4. 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, 2015. |