Bill Text: TX SB1960 | 2015-2016 | 84th Legislature | Introduced
Bill Title: Relating to the release of bulk criminal history record information by certain individuals and agencies.
Sponsorship: Partisan Bill (Democrat 1)
Status: (Introduced - Dead) 2015-03-25 - Referred to Criminal Justice [SB1960 Detail]
Download: Texas-2015-SB1960-Introduced.html
| 84R8798 LEH-F | ||
| By: Hinojosa | S.B. No. 1960 | |
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| relating to the release of bulk criminal history record information | ||
| by certain individuals and agencies. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Subchapter C, Chapter 552, Government Code, is | ||
| amended by adding Section 552.1426 to read as follows: | ||
| Sec. 552.1426. DISSEMINATION OF BULK CRIMINAL HISTORY | ||
| RECORD INFORMATION. (a) In this section: | ||
| (1) "Bulk criminal history record information | ||
| request" means a request submitted to a district clerk, county | ||
| clerk, clerk of a justice or municipal court, or criminal justice | ||
| agency for production, in any format, of all or a significant | ||
| portion of the criminal history record information maintained by | ||
| that clerk, court, or agency. | ||
| (2) "Criminal history record information" means | ||
| information about a person that is collected or maintained by a | ||
| district clerk, county clerk, clerk of a justice or municipal | ||
| court, or a criminal justice agency and that consists of | ||
| identifiable descriptions and notations of arrests, detentions, | ||
| indictments, informations, and other formal criminal charges and | ||
| their dispositions. The term does not include: | ||
| (A) identification information, including | ||
| fingerprint records, to the extent that the identification | ||
| information does not indicate involvement of the person in the | ||
| criminal justice system; | ||
| (B) traffic offense information maintained by a | ||
| clerk of a municipal or justice court; or | ||
| (C) driving record information maintained by the | ||
| Department of Public Safety under Subchapter C, Chapter 521, | ||
| Transportation Code. | ||
| (3) "Criminal justice agency" has the meaning assigned | ||
| by Section 411.082. | ||
| (b) A district clerk, county clerk, clerk of a justice or | ||
| municipal court, or criminal justice agency, other than the | ||
| Department of Public Safety, that receives from any person or | ||
| entity a bulk criminal history record information request | ||
| concerning Class A or Class B or felony offenses for which a final | ||
| judgment has been rendered shall deny the request and provide the | ||
| requestor with instructions for submitting a bulk criminal history | ||
| record information request to the Department of Public Safety. | ||
| (c) A district clerk, county clerk, clerk of a justice or | ||
| municipal court, or criminal justice agency that grants a bulk | ||
| criminal history record information request submitted by any person | ||
| or entity and that concerns Class C offenses for which final | ||
| judgment has been rendered or offenses that are pending final | ||
| disposition shall: | ||
| (1) maintain a record of the name and contact | ||
| information of the requestor and the most recent date criminal | ||
| history record information was provided to the requestor; and | ||
| (2) publish the record on the clerk's or agency's | ||
| Internet website or, if the clerk or agency does not maintain an | ||
| Internet website, prominently display the record in a public area | ||
| of the clerk's or agency's place of business. | ||
| (d) This section does not restrict public access to criminal | ||
| history record information, other than through a bulk criminal | ||
| history record information request, or limit the general discretion | ||
| or authority of any district clerk, county clerk, clerk of a justice | ||
| or municipal court, or criminal justice agency. | ||
| SECTION 2. Section 411.087(a), Government Code, is amended | ||
| to read as follows: | ||
| (a) Unless otherwise authorized by Subsection (e), a | ||
| person, agency, department, political subdivision, or other entity | ||
| that is authorized by this subchapter to obtain from the department | ||
| criminal history record information maintained by the department | ||
| that relates to another person is authorized to: | ||
| (1) obtain through the Federal Bureau of Investigation | ||
| criminal history record information maintained or indexed by that | ||
| bureau that pertains to that person; or | ||
| (2) obtain from any other criminal justice agency in | ||
| this state criminal history record information maintained by that | ||
| criminal justice agency that relates to that person, except as | ||
| otherwise provided by Section 552.1426. | ||
| SECTION 3. This Act takes effect September 1, 2015. | ||
