Bill Text: TX HB525 | 2017-2018 | 85th Legislature | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to databases that contain information regarding certain violent offenses or filed protective orders.
Spectrum: Bipartisan Bill
Status: (Engrossed - Dead) 2017-05-12 - Received from the House [HB525 Detail]
Download: Texas-2017-HB525-Comm_Sub.html
Bill Title: Relating to databases that contain information regarding certain violent offenses or filed protective orders.
Spectrum: Bipartisan Bill
Status: (Engrossed - Dead) 2017-05-12 - Received from the House [HB525 Detail]
Download: Texas-2017-HB525-Comm_Sub.html
85R55 KJE-F | ||
By: Villalba, Alvarado, Morrison, | H.B. No. 525 | |
Thompson of Harris |
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relating to a central database containing information about | ||
offenders who have committed certain violent offenses against | ||
children or offenses involving family or dating violence. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Article 42.015(a), Code of Criminal Procedure, | ||
is amended to read as follows: | ||
(a) In the trial of an offense under Title 5 [ |
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solicitation to commit one of those offenses, the judge shall make | ||
an affirmative finding of fact and enter the affirmative finding in | ||
the judgment in the case if the judge determines that the victim or | ||
intended victim was younger than 17 years of age at the time of the | ||
offense. | ||
SECTION 2. Section 411.088(b), Government Code, is amended | ||
to read as follows: | ||
(b) The department may not charge for processing an | ||
electronic inquiry, made through the use of the Internet, for | ||
information described as public information under: | ||
(1) Section 411.1355; or | ||
(2) Article 62.005, Code of Criminal Procedure[ |
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SECTION 3. 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 411.1355. | ||
SECTION 4. Subchapter F, Chapter 411, Government Code, is | ||
amended by adding Section 411.1355 to read as follows: | ||
Sec. 411.1355. CENTRAL DATABASE OF OFFENDERS WHO HAVE | ||
COMMITTED CERTAIN VIOLENT OFFENSES. (a) The department shall | ||
maintain a computerized central database containing information | ||
regarding persons who: | ||
(1) on three or more occasions have been convicted of | ||
an offense for which an affirmative finding was made under Article | ||
42.013 or 42.015, Code of Criminal Procedure; and | ||
(2) were 17 years of age or older on the date at least | ||
three of the offenses described by Subdivision (1) were committed. | ||
(b) The information contained in the database is public | ||
information, with the exception of any information: | ||
(1) regarding the person's social security number, | ||
driver's license number, or telephone number; or | ||
(2) that would identify the victim of the offense with | ||
respect to which the applicable affirmative finding was made. | ||
(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 for which the person was | ||
convicted and for which the court made an affirmative finding under | ||
Article 42.013 or 42.015, Code of Criminal Procedure, the date of | ||
conviction for 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 the conviction for each | ||
offense. | ||
(d) The department shall permit a person whose name is | ||
included in the database established under this section to petition | ||
the department for removal of the person's name from the database, | ||
and the department shall remove the person's name from the database | ||
in response to the petition if: | ||
(1) an order of expunction is issued under Chapter 55, | ||
Code of Criminal Procedure, with respect to one of the offenses | ||
described by Subsection (a), unless the person has three or more | ||
other convictions for an offense described by that subsection; or | ||
(2) during the seven-year period preceding the date of | ||
the petition, the person is not convicted of an offense described by | ||
Subsection (a). | ||
(e) On the website through which a person may search the | ||
database described by this section, the department shall include | ||
information regarding: | ||
(1) the manner in which a person may petition the | ||
department for removal of the person's name from the database; | ||
(2) the circumstances under which the department will | ||
grant the petition; and | ||
(3) contact information for family violence | ||
organizations. | ||
(f) The department shall consult with a representative of a | ||
statewide advocacy organization for issues related to family | ||
violence regarding implementation of the database and the | ||
information required to be included on the database website under | ||
Subsection (e)(3). | ||
SECTION 5. The central database required by Section | ||
411.1355, Government Code, as added by this Act, must be designed | ||
and implemented not later than January 1, 2018, and may only include | ||
information concerning persons convicted of at least one offense | ||
committed on or after the effective date of this Act for which an | ||
affirmative finding is made under Article 42.013 or 42.015, Code of | ||
Criminal Procedure. For purposes of this section, an offense was | ||
committed on or after the effective date of this Act if each element | ||
of the offense occurred on or after that date. | ||
SECTION 6. 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, 2017. |