Bill Text: TX HB161 | 2011-2012 | 82nd Legislature | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to the dissemination of criminal history record information by the Department of Public Safety concerning certain intoxication offenses.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2011-05-16 - Referred to Criminal Justice [HB161 Detail]
Download: Texas-2011-HB161-Comm_Sub.html
Bill Title: Relating to the dissemination of criminal history record information by the Department of Public Safety concerning certain intoxication offenses.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2011-05-16 - Referred to Criminal Justice [HB161 Detail]
Download: Texas-2011-HB161-Comm_Sub.html
82R25320 GCB-D | |||
By: Raymond | H.B. No. 161 | ||
Substitute the following for H.B. No. 161: | |||
By: Miller of Erath | C.S.H.B. No. 161 |
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relating to the dissemination of criminal history record | ||
information by the Department of Public Safety concerning certain | ||
intoxication 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, [ |
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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 411.1355(a). | ||
SECTION 2. Subchapter F, Chapter 411, Government Code, is | ||
amended by adding Sections 411.1355 and 411.1356 to read as | ||
follows: | ||
Sec. 411.1355. PUBLIC ACCESS TO CRIMINAL HISTORY RECORD | ||
INFORMATION CONCERNING CERTAIN INTOXICATION OFFENSES. (a) | ||
Criminal history record information that concerns the conviction of | ||
a person 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 number, or telephone number; and | ||
(2) any information that would identify the victim of | ||
the offense. | ||
(b) The department shall design and implement an Internet | ||
website to allow any person, free of charge, to electronically | ||
search for and receive information described by Subsection (a) by | ||
entering specific search criteria into the website, including a zip | ||
code, city, county, or name of a person. The search results must | ||
include: | ||
(1) the last known address of the person convicted; | ||
and | ||
(2) a recent photograph of the person convicted, if a | ||
photograph is available to the department. | ||
(c) The department shall remove a person's criminal history | ||
record information from the Internet website as soon as practicable | ||
after the earlier of: | ||
(1) the 10th anniversary of the date of the person's | ||
most recent conviction of an offense listed in Subsection (a); or | ||
(2) the date on which the conviction is reversed on | ||
appeal, or an order of expunction is entered with respect to records | ||
and files in the case. | ||
Sec. 411.1356. CRIMINAL HISTORY RECORD INFORMATION | ||
CONCERNING CERTAIN INTOXICATION OFFENSES PROVIDED TO PEACE OFFICER | ||
ON REQUEST. 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 is | ||
automatically provided information as to whether the department has | ||
criminal history record information concerning a conviction within | ||
the preceding 10-year period of an offense under Section 49.04, | ||
49.045, 49.07, or 49.08, Penal Code, about the person to whom the | ||
driver's license, personal identification certificate, or license | ||
plate is issued. The procedure 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 during the duration of a | ||
reasonable motor vehicle stop. | ||
SECTION 3. Not later than May 1, 2012, the Department of | ||
Public Safety shall make available to a requesting person the | ||
information required by Sections 411.1355 and 411.1356, Government | ||
Code, as added by this Act. | ||
SECTION 4. This Act takes effect September 1, 2011. |