Bill Text: TX HB642 | 2021-2022 | 87th Legislature | Introduced


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: (Introduced) 2021-03-01 - Referred to Homeland Security & Public Safety [HB642 Detail]

Download: Texas-2021-HB642-Introduced.html
  87R574 GCB-D
 
  By: Raymond H.B. No. 642
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  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, including, to the
  extent available, a recent photograph of each person subject to
  registration under that chapter; [and]
               (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, 2022, 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, 2021.
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