BILL ANALYSIS


                                                     C.S.S.B. 152
                                                         By: West
                                                 Criminal Justice
                                                           2-8-95
                                   Committee Report (Substituted)
BACKGROUND

Current law requires that a protective order issued in Texas be
enforced in any county in the state, regardless of the county in
which it was issued.  In spite of the law, no mechanism exists to
provide access to information on all protective orders issued in
Texas.  Currently, victims are required to provide a certified copy
of a protective order when the order is violated outside of the
county of origin.

PURPOSE

As proposed, C.S.S.B. 152 requires the Texas Department of Public
Safety to include information regarding protective orders in the
criminal history record system.

RULEMAKING AUTHORITY

It is the committee's opinion that rulemaking authority is granted
to the Texas Department of Public Safety in SECTION 5 (Article
60.08(a), Code of Criminal Procedure) of this bill.

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 411.042(b), Government Code, to require
the bureau of identification and records of the Department of
Public Safety information on active protective orders.  Sets forth
the required information to be collected.
SECTION 2. Amends Section 411.042(g), Government Code, to authorize
the Department of Public Safety (department) to adopt rules
relating to , among others, active protective orders and reporting
procedures that ensure that information relating to the issuance of
an active protective order is reported to the local law enforcement
agency a the time of issuance and is entered into the state's law
enforcement information system.

SECTION 3. Amends Section 71.17, Family Code, to include the
department among agencies which the clerk of the court issuing an
original or modified protective order is required to send a copy of
the protective order.       
SECTION 4. Requires the department to establish the rules and
procedures necessary to comply with Section 411.042, Government
Code, not later than January 1, 1996.

SECTION 5. Effective date: September 1, 1995.

SECTION 6. Emergency clause.