Bill Text: TX SB1700 | 2017-2018 | 85th Legislature | Introduced
Bill Title: Relating to uniform reporting of information concerning protective orders, concerning magistrate's orders for emergency protection, and concerning conditions of bond imposed on a person awaiting trial in a family violence, sexual assault or abuse, stalking, or trafficking case.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2017-03-22 - Referred to State Affairs [SB1700 Detail]
Download: Texas-2017-SB1700-Introduced.html
85R9278 KJE-D | ||
By: Rodríguez | S.B. No. 1700 |
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relating to uniform reporting of information concerning protective | ||
orders, concerning magistrate's orders for emergency protection, | ||
and concerning conditions of bond imposed on a person awaiting | ||
trial in a family violence, sexual assault or abuse, stalking, or | ||
trafficking case. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Article 5.05, Code of Criminal Procedure, is | ||
amended by amending Subsection (c) and adding Subsection (c-1) to | ||
read as follows: | ||
(c) In order to ensure that officers responding to calls are | ||
aware of the existence and terms of protective orders, each | ||
municipal police department and sheriff shall establish procedures | ||
within the department or office to provide adequate information or | ||
access to information for law enforcement officers of the names of | ||
persons protected by a protective order and of persons to whom | ||
protective orders are directed. The procedures must: | ||
(1) require the information described by Section | ||
411.042(b)(6), Government Code, to be entered into the statewide | ||
law enforcement information system maintained by the Department of | ||
Public Safety; and | ||
(2) comply with the uniform protocols developed under | ||
Section 411.0422, Government Code. | ||
(c-1) Each municipal police department and sheriff shall | ||
establish procedures within the department or office that require | ||
the information described by Section 411.042(b)(7), Government | ||
Code, to be entered into the statewide law enforcement information | ||
system maintained by the Department of Public Safety. The | ||
procedures must comply with the uniform protocols developed under | ||
Section 411.0422, Government Code. | ||
SECTION 2. Article 17.292, Code of Criminal Procedure, is | ||
amended by adding Subsection (g-1) to read as follows: | ||
(g-1) After adapting the page for purposes of this article, | ||
the magistrate shall use the cover page adopted by the supreme court | ||
under Section 85.027, Family Code, for each order for emergency | ||
protection issued under this article. | ||
SECTION 3. Subchapter B, Chapter 85, Family Code, is | ||
amended by adding Section 85.027 to read as follows: | ||
Sec. 85.027. PROTECTIVE ORDER COVER PAGE. (a) To | ||
facilitate the timely entry of information concerning protective | ||
orders into the statewide law enforcement information system | ||
maintained by the Department of Public Safety, the supreme court | ||
shall adopt a cover page that must be used for each protective order | ||
issued under this subtitle. | ||
(b) The cover page must be designed to include the | ||
information required under Section 411.042(b)(6), Government Code. | ||
SECTION 4. Section 86.001(a), Family Code, is amended to | ||
read as follows: | ||
(a) To ensure that law enforcement officers responding to | ||
calls are aware of the existence and terms of protective orders | ||
issued under this subtitle, each law enforcement agency shall | ||
establish procedures in the agency to provide adequate information | ||
or access to information for law enforcement officers of the names | ||
of each person protected by an order issued under this subtitle and | ||
of each person against whom protective orders are directed. The | ||
procedures must comply with the uniform protocols developed under | ||
Section 411.0422, Government Code. | ||
SECTION 5. Section 86.005, Family Code, is amended to read | ||
as follows: | ||
Sec. 86.005. PROTECTIVE ORDER FROM ANOTHER JURISDICTION. | ||
To ensure that law enforcement officers responding to calls are | ||
aware of the existence and terms of a protective order from another | ||
jurisdiction, each law enforcement agency shall establish | ||
procedures in the agency to provide adequate information or access | ||
to information for law enforcement officers regarding the name of | ||
each person protected by an order rendered in another jurisdiction | ||
and of each person against whom the protective order is directed. | ||
The procedures must comply with the uniform protocols developed | ||
under Section 411.0422, Government Code. | ||
SECTION 6. Subchapter C, Chapter 72, Government Code, is | ||
amended by adding Section 72.035 to read as follows: | ||
Sec. 72.035. BOND CONDITIONS REPORTING FORM. (a) The | ||
office shall adopt a form for the reporting by law enforcement | ||
agencies of information concerning the conditions of bond imposed | ||
on a person awaiting trial in any family violence, sexual assault or | ||
abuse, stalking, or trafficking case as provided by Section | ||
411.042(b)(7). | ||
(b) The form must be designed to facilitate the timely entry | ||
of information concerning bond conditions into the statewide law | ||
enforcement information system maintained by the Department of | ||
Public Safety. | ||
SECTION 7. 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[ |
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information system relating to an active order shall include: | ||
(A) the provision of law under which the order is | ||
issued; | ||
(B) the name, sex, race, date of birth, personal | ||
descriptors, address, and county of residence of the person to whom | ||
the order is directed; | ||
(C) [ |
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person to whom the order is directed, including the person's social | ||
security number or driver's license number; | ||
(D) [ |
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person protected by the order; | ||
(E) [ |
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employment or business of the person protected by the order, unless | ||
that information is excluded from the order under Section 85.007, | ||
Family Code, or Article 17.292(e), Code of Criminal Procedure; | ||
(F) [ |
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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, or Article 17.292(e), | ||
Code of Criminal Procedure; | ||
(G) [ |
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relationship between the person who is protected by the order and | ||
the person to whom the order is directed; | ||
(H) whether the person to whom the order is | ||
directed has a history of: | ||
(i) violent behavior involving the use of a | ||
weapon; or | ||
(ii) diagnosed mental illness [ |
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(I) [ |
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subject to the order is required to maintain from the protected | ||
places or persons; and | ||
(J) [ |
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(7) collect information concerning the conditions of | ||
bond imposed on a person awaiting trial in any family violence, | ||
sexual assault or abuse, stalking, or trafficking case; | ||
(8) grant access to criminal history record | ||
information in the manner authorized under Subchapter F; | ||
(9) [ |
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regarding offenders with mental impairments in compliance with | ||
Chapter 614, Health and Safety Code; and | ||
(10) [ |
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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 8. Subchapter D, Chapter 411, Government Code, is | ||
amended by adding Sections 411.0422 and 411.0423 to read as | ||
follows: | ||
Sec. 411.0422. UNIFORM REPORTING OF CERTAIN INFORMATION. | ||
(a) The department shall adopt a form for the reporting by law | ||
enforcement agencies of information concerning protective orders | ||
and magistrate's orders for emergency protection. The form must: | ||
(1) be designed to facilitate the timely entry of | ||
information concerning those orders into the statewide law | ||
enforcement information system maintained by the department; and | ||
(2) include spaces to report all information required | ||
under Section 411.042(b)(6). | ||
(b) The department, the Office of Court Administration of | ||
the Texas Judicial System, and the State Bar of Texas, with input | ||
from relevant advocacy groups, jointly shall develop uniform | ||
protocols for the reporting by law enforcement agencies of | ||
information required by Sections 411.042(b)(6) and (7). | ||
(c) The protocols developed under Subsection (b) must | ||
require law enforcement agencies to report information required | ||
under Sections 411.042(b)(6) and (7) using the applicable form | ||
adopted by the department under Subsection (a) or by the Office of | ||
Court Administration of the Texas Judicial System under Section | ||
72.035. | ||
Sec. 411.0423. REPORT RELATED TO PROTECTIVE ORDERS. (a) | ||
The department shall annually post on the department's Internet | ||
website a report on the number of protective orders or magistrate's | ||
orders for emergency protection reported to the department during | ||
the preceding year. The report must: | ||
(1) be disaggregated by the provision of law under | ||
which the order is issued and the county in which the issuing court | ||
is located; and | ||
(2) compare the number of protective orders or | ||
magistrate's orders for emergency protection reported to the | ||
department with the number of those orders reported to the Office of | ||
Court Administration of the Texas Judicial System during that year. | ||
(b) The department may coordinate with the Office of Court | ||
Administration of the Texas Judicial System as necessary to prepare | ||
the report required under Subsection (a). | ||
SECTION 9. Section 411.0845(i), Government Code, is amended | ||
to read as follows: | ||
(i) The release under this section of any criminal history | ||
record information maintained by the Federal Bureau of | ||
Investigation, including the computerized information submitted to | ||
the federal database maintained by the Federal Bureau of | ||
Investigation as described by Section 411.042(b)(10)(B) | ||
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federal executive orders, and federal policy. | ||
SECTION 10. (a) Not later than September 1, 2017: | ||
(1) the Supreme Court of Texas shall adopt the cover | ||
page required under Section 85.027, Family Code, as added by this | ||
Act; | ||
(2) the Office of Court Administration of the Texas | ||
Judicial System shall adopt the form required under Section 72.035, | ||
Government Code, as added by this Act; and | ||
(3) the Department of Public Safety of the State of | ||
Texas shall adopt the form required under Section 411.0422(a), | ||
Government Code, as added by this Act. | ||
(b) Not later than October 1, 2017, the Department of Public | ||
Safety of the State of Texas, the Office of Court Administration of | ||
the Texas Judicial System, and the State Bar of Texas shall develop | ||
the uniform protocols required under Section 411.0422, Government | ||
Code, as added by this Act. | ||
(c) Not later than November 1, 2017, each law enforcement | ||
agency shall comply with the uniform protocols required under | ||
Section 411.0422, Government Code, as added by this Act. | ||
(d) Not later than November 1, 2018, the Department of | ||
Public Safety of the State of Texas shall post on the department's | ||
Internet website the initial report required under Section | ||
411.0423, Government Code, as added by this Act. | ||
SECTION 11. (a) Except as provided by Subsection (b) of | ||
this section, this Act takes effect September 1, 2017. | ||
(b) Section 411.042(b), Government Code, as amended by this | ||
Act, takes effect November 1, 2017. |