Bill Text: TX SB1242 | 2017-2018 | 85th Legislature | Enrolled
Bill Title: Relating to the confidentiality of certain personal information of an applicant for or a person protected by a protective order.
Spectrum: Slight Partisan Bill (Democrat 2-1)
Status: (Passed) 2017-06-01 - Effective on 9/1/17 [SB1242 Detail]
Download: Texas-2017-SB1242-Enrolled.html
S.B. No. 1242 |
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relating to the confidentiality of certain personal information of | ||
an applicant for or a person protected by a protective order. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subchapter A, Chapter 82, Family Code, is | ||
amended by adding Section 82.011 to read as follows: | ||
Sec. 82.011. CONFIDENTIALITY OF CERTAIN INFORMATION. On | ||
request by an applicant, the court may protect the applicant's | ||
mailing address by rendering an order: | ||
(1) requiring the applicant to: | ||
(A) disclose the applicant's mailing address to | ||
the court; | ||
(B) designate a person to receive on behalf of | ||
the applicant any notice or documents filed with the court related | ||
to the application; and | ||
(C) disclose the designated person's mailing | ||
address to the court; | ||
(2) requiring the court clerk to: | ||
(A) strike the applicant's mailing address from | ||
the public records of the court, if applicable; and | ||
(B) maintain a confidential record of the | ||
applicant's mailing address for use only by the court; and | ||
(3) prohibiting the release of the information to the | ||
respondent. | ||
SECTION 2. Section 82.041(a), Family Code, is amended to | ||
read as follows: | ||
(a) A notice of an application for a protective order must: | ||
(1) be styled "The State of Texas"; | ||
(2) be signed by the clerk of the court under the | ||
court's seal; | ||
(3) contain the name and location of the court; | ||
(4) show the date the application was filed; | ||
(5) show the date notice of the application for a | ||
protective order was issued; | ||
(6) show the date, time, and place of the hearing; | ||
(7) show the file number; | ||
(8) show the name of each applicant and each person | ||
alleged to have committed family violence; | ||
(9) be directed to each person alleged to have | ||
committed family violence; | ||
(10) show: | ||
(A) the name and address of the attorney for the | ||
applicant; or | ||
(B) [ |
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the applicant is not represented by an attorney: | ||
(i) the mailing address of the applicant; | ||
or | ||
(ii) if applicable, the name and mailing | ||
address of the person designated under Section 82.011; and | ||
(11) contain the address of the clerk of the court. | ||
SECTION 3. Section 85.007(b), Family Code, is amended to | ||
read as follows: | ||
(b) On granting a request for confidentiality under this | ||
section, the court shall order the clerk to: | ||
(1) strike the information described by Subsection (a) | ||
from the public records of the court; and | ||
(2) maintain a confidential record of the information | ||
for use only by: | ||
(A) the court; or | ||
(B) a law enforcement agency for purposes of | ||
entering the information required by Section 411.042(b)(6), | ||
Government Code, into the statewide law enforcement information | ||
system maintained by the Department of Public Safety. | ||
SECTION 4. Section 411.042(b), Government Code, is 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; | ||
(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 magistrate's orders of emergency | ||
protection and all other pertinent information about all persons | ||
subject to active 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, | ||
stalking, or trafficking case. Information in the law enforcement | ||
information system relating to an active 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 [ |
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(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 [ |
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Code of Criminal Procedure; | ||
(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, stalking, | ||
or trafficking case; | ||
(H) any minimum distance the person subject to | ||
the order is required to maintain from the protected places or | ||
persons; and | ||
(I) 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. | ||
SECTION 5. Section 82.011, Family Code, as added by this | ||
Act, applies only to an application for a protective order that is | ||
filed on or after the effective date of this Act. An application | ||
for a protective order filed before the effective date of this Act | ||
is governed by the law in effect on the date the application is | ||
filed, and the former law is continued in effect for that purpose. | ||
SECTION 6. Section 85.007, Family Code, and Section | ||
411.042, Government Code, as amended by this Act, apply to a | ||
protective order issued on or after the effective date of this Act, | ||
regardless of whether the conduct on which the order is based | ||
occurred before, on, or after that date. | ||
SECTION 7. This Act takes effect September 1, 2017. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I hereby certify that S.B. No. 1242 passed the Senate on | ||
April 19, 2017, by the following vote: Yeas 31, Nays 0. | ||
______________________________ | ||
Secretary of the Senate | ||
I hereby certify that S.B. No. 1242 passed the House on | ||
May 19, 2017, by the following vote: Yeas 144, Nays 0, two | ||
present not voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
Approved: | ||
______________________________ | ||
Date | ||
______________________________ | ||
Governor |