Bill Text: TX SB779 | 2011-2012 | 82nd Legislature | Engrossed
Bill Title: Relating to a central database containing information about certain persons who have been convicted of or received a grant of deferred adjudication for certain offenses involving animal cruelty; providing a criminal penalty.
Spectrum: Bipartisan Bill
Status: (Engrossed - Dead) 2011-05-11 - Left pending in committee [SB779 Detail]
Download: Texas-2011-SB779-Engrossed.html
By: Whitmire, Huffman | S.B. No. 779 |
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relating to a central database containing information about certain | ||
persons who have been convicted of or received a grant of deferred | ||
adjudication for certain offenses involving animal cruelty; | ||
providing a criminal penalty. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Title 1, Code of Criminal Procedure, is amended | ||
by adding Chapter 61A to read as follows: | ||
CHAPTER 61A. ANIMAL CRUELTY REGISTRATION PROGRAM | ||
Art. 61A.01. DEFINITIONS. In this chapter: | ||
(1) "Department" means the Department of Public Safety | ||
of the State of Texas. | ||
(2) "Local law enforcement authority" and "penal | ||
institution" have the meanings assigned by Article 62.001. | ||
Art. 61A.02. CENTRAL DATABASE; PUBLIC INFORMATION. (a) To | ||
the extent that funding is available under Article 61A.07, the | ||
department shall establish and maintain a computerized central | ||
database containing information regarding persons who: | ||
(1) have been convicted of or received a grant of | ||
deferred adjudication for one or more felony offenses under Section | ||
42.092 or 42.10, Penal Code; and | ||
(2) were 17 years of age or older at the time of the | ||
offense. | ||
(b) If a computerized central database is established by the | ||
department under Subsection (a), a person described by that | ||
subsection shall register as required by this chapter until the | ||
10th anniversary of the date the person was last convicted of or | ||
received a grant of deferred adjudication for an offense described | ||
by Subsection (a)(1). | ||
(c) The information contained in the database is public | ||
information, with the exception of any information regarding the | ||
person's social security number, driver's license number, or | ||
telephone number. | ||
(d) The department shall publish on its Internet website all | ||
public information contained in the database. | ||
(e) To the extent that funding is available under Article | ||
61A.07, the department, in cooperation with the Board of Pardons | ||
and Paroles, the Texas Department of Criminal Justice, and the | ||
Commission on Jail Standards, by rule shall design and implement a | ||
system for the registration of persons described by Subsection (a). | ||
The system must establish requirements and procedures for: | ||
(1) a person described by Subsection (a) to be | ||
notified, before the person's discharge or release, of the person's | ||
duty to register with a local law enforcement authority for the | ||
period required by Subsection (b); | ||
(2) the person to register or verify registration with | ||
a local law enforcement authority: | ||
(A) annually; | ||
(B) every 90 days if the person is determined by | ||
the department to be high-risk because of the person's status as a | ||
repeat offender; or | ||
(C) every 30 days if the person does not have a | ||
permanent address; | ||
(3) the person to register with a local law | ||
enforcement authority not later than five days after the date the | ||
person changes address; | ||
(4) the database to track whether a person described | ||
by Subsection (a) is in compliance with registration requirements | ||
and, if the person is not in compliance, to make that information | ||
available to other persons requesting the information; | ||
(5) a local law enforcement authority to promptly | ||
forward registration information to the department for use in the | ||
database; | ||
(6) the database to track whether a person described | ||
by Subsection (a) is attending or is planning to attend a public or | ||
private institution of higher education and, if so, the department | ||
to promptly forward that information to the applicable institution | ||
of higher education; | ||
(7) the inclusion in the database and on the | ||
department's Internet website of a recent photograph of the person, | ||
updated annually; and | ||
(8) the department to update the database daily. | ||
Art. 61A.03. INFORMATION PROVIDED TO PEACE OFFICER ON | ||
REQUEST. 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 is | ||
automatically provided information as to whether the person to whom | ||
the driver's license or personal identification certificate is | ||
issued is required to register under this chapter or whether the | ||
license plate number is entered in the computerized central | ||
database under Article 61A.02 as assigned to a vehicle owned or | ||
driven by a person required to register under this chapter. | ||
Art. 61A.04. IMMUNITY FOR RELEASE OF PUBLIC INFORMATION. | ||
(a) The department, a penal institution, or a local law | ||
enforcement authority may release to the public information | ||
regarding a person required to register under this chapter only if | ||
the information is public information under Article 61A.02(c). | ||
(b) An individual, agency, entity, or authority is not | ||
liable under Chapter 101, Civil Practice and Remedies Code, or any | ||
other law for damages arising from conduct authorized by Subsection | ||
(a). | ||
(c) For purposes of determining liability, the release or | ||
withholding of information by an appointed or elected officer of an | ||
agency, entity, or authority is a discretionary act. | ||
(d) A public or private institution of higher education or | ||
administrator of a public or private institution of higher | ||
education may release to the public information regarding a person | ||
required to register under this chapter only if the information is | ||
public information under Article 61A.02(c) and is released to the | ||
administrator under Article 61A.02. A public or private | ||
institution of higher education or administrator of a public or | ||
private institution of higher education is not liable under any law | ||
for damages arising from conduct authorized by this subsection. | ||
Art. 61A.05. EXEMPTION FROM REGISTRATION FOR CERTAIN ANIMAL | ||
CRUELTY OFFENDERS. (a) A person required to register under this | ||
chapter may petition the court having jurisdiction over the case | ||
for an order exempting the person from registration under this | ||
chapter at any time after the person's sentencing or after the | ||
person is placed on deferred adjudication. | ||
(b) After a hearing on the petition described by Subsection | ||
(a), the court may issue an order exempting the person from | ||
registration under this chapter if the court finds that an | ||
exemption would be in the best interest of justice. | ||
(c) An order exempting the person from registration under | ||
this chapter does not expire, except that the court may withdraw the | ||
order if after the order is issued the person receives another | ||
conviction or a grant of deferred adjudication for a misdemeanor or | ||
felony offense under Section 42.092 or 42.10, Penal Code. | ||
Art. 61A.06. FAILURE TO COMPLY WITH REGISTRATION | ||
REQUIREMENTS. (a) A person commits an offense if the person is | ||
required to register and fails to comply with any requirement of | ||
this chapter. | ||
(b) An offense under this article is a Class C misdemeanor. | ||
Art. 61A.07. FUNDING. The department may solicit and | ||
accept a gift, grant, or donation from any source, including a | ||
foundation, private entity, governmental entity, or institution of | ||
higher education, for the establishment and maintenance of the | ||
computerized central database described by this chapter and the | ||
implementation of a related system of registration under this | ||
chapter. The department shall establish and maintain the database | ||
and implement the registration system only if sufficient funds are | ||
available under this article for those purposes. | ||
SECTION 2. Subsection (a), Section 411.135, 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 61A or 62, Code of Criminal Procedure, [ |
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including, to the extent available, a recent photograph of each | ||
person subject to registration under Chapter 61A or 62 [ |
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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. | ||
SECTION 3. (a) Chapter 61A, Code of Criminal Procedure, as | ||
added by this Act, applies only to a person who is convicted of or | ||
receives a grant of deferred adjudication for an offense committed | ||
on or after the effective date of this Act. A person who is | ||
convicted of or receives a grant of deferred adjudication for an | ||
offense committed before the effective date of this Act is governed | ||
by the law in effect on the date the offense was committed, and the | ||
former law is continued in effect for that purpose. For purposes of | ||
this subsection, an offense was committed before the effective date | ||
of this Act if any element of the offense occurred before that date. | ||
(b) As soon as practicable after sufficient funding becomes | ||
available under Article 61A.07, Code of Criminal Procedure, as | ||
added by this Act: | ||
(1) the Department of Public Safety of the State of | ||
Texas shall establish the requirements and procedures required by | ||
Subsection (e), Article 61A.02, and Article 61A.03, Code of | ||
Criminal Procedure, as added by this Act; and | ||
(2) the central database required by Chapter 61A, Code | ||
of Criminal Procedure, as added by this Act, must be designed and | ||
implemented. | ||
SECTION 4. 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, 2011. |