By Greenberg H.B. No. 1630
74R1428 JMM-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the inclusion of protective order information in the
1-3 computerized criminal history record system maintained by the
1-4 Department of Public Safety.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Article 60.01, Code of Criminal Procedure, is
1-7 amended by amending Subdivision (3) and adding Subdivision (17) to
1-8 read as follows:
1-9 (3) "Computerized criminal history system" means the
1-10 data base maintained by the Department of Public Safety containing
1-11 arrest, disposition, <and> other criminal history, and information
1-12 on active protective orders <maintained by the Department of Public
1-13 Safety>.
1-14 (17) "Active protective order" means a protective
1-15 order issued under Chapter 71, Family Code, that is in effect. The
1-16 term does not include a temporary protective order issued before
1-17 the court holds a hearing on the matter.
1-18 SECTION 2. Article 60.02(b), Code of Criminal Procedure, is
1-19 amended to read as follows:
1-20 (b) The Department of Public Safety is responsible for
1-21 recording data and maintaining a data base for a computerized
1-22 criminal history system that serves as the record creation point
1-23 for criminal history information maintained by the state and
1-24 information on active protective orders.
2-1 SECTION 3. Article 60.05, Code of Criminal Procedure, is
2-2 amended to read as follows:
2-3 Art. 60.05. Types of information collected. (a) The
2-4 criminal justice information system must contain but is not limited
2-5 to the following types of information for each arrest for a felony
2-6 or a misdemeanor not punishable by fine only:
2-7 (1) information relating to offenders;
2-8 (2) information relating to arrests;
2-9 (3) information relating to prosecutions;
2-10 (4) information relating to the disposition of cases
2-11 by courts;
2-12 (5) information relating to sentencing; and
2-13 (6) information relating to the handling of offenders
2-14 received by a correctional agency, facility, or other institution.
2-15 (b) In addition to the information required by Subsection
2-16 (a), the criminal justice information system shall contain
2-17 information relating to an active protective order.
2-18 SECTION 4. Article 60.051, Code of Criminal Procedure, is
2-19 amended by adding Subsection (f) to read as follows:
2-20 (f) Information in the computerized criminal history system
2-21 relating to an active protective order shall include:
2-22 (1) the name, address, and county of residence of the
2-23 person to whom the order is directed;
2-24 (2) any known identifying number of the person to whom
2-25 the order is directed, including the person's social security
2-26 number or driver's license number;
2-27 (3) the name and county of residence of the person
3-1 protected by the order;
3-2 (4) the residence address and place of employment or
3-3 business of the person protected by the order, unless that
3-4 information is excluded from the order under Section 71.111, Family
3-5 Code;
3-6 (5) the child-care facility or school where a child
3-7 protected by the order normally resides or attends, unless that
3-8 information is excluded from the order under Section 71.111, Family
3-9 Code;
3-10 (6) the relationship or former relationship between
3-11 the person who is protected by the order and the person to whom the
3-12 order is directed; and
3-13 (7) the date the order expires.
3-14 SECTION 5. Article 60.08(a), Code of Criminal Procedure, is
3-15 amended to read as follows:
3-16 (a) The Department of Public Safety and the Texas Department
3-17 of Criminal Justice shall, by rule, develop reporting procedures
3-18 that ensure that the offender processing data is reported from the
3-19 time an offender is arrested until the time an offender is
3-20 released. The Department of Public Safety shall, by rule, develop
3-21 reporting procedures that ensure that information relating to the
3-22 issuance of an active protective order and to the dismissal of an
3-23 active protective order is reported at the time of the order's
3-24 issuance or dismissal.
3-25 SECTION 6. Section 411.082(2), Government Code, is amended
3-26 to read as follows:
3-27 (2) "Criminal history record information" means
4-1 information collected about a person by a criminal justice agency
4-2 that consists of identifiable descriptions and notations of
4-3 arrests, detentions, indictments, informations, and other formal
4-4 criminal charges and their dispositions and information relating to
4-5 an active protective order issued under Chapter 71, Family Code.
4-6 The term does not include:
4-7 (A) identification information, including
4-8 fingerprint records, to the extent that the identification
4-9 information does not indicate involvement of the person in the
4-10 criminal justice system; or
4-11 (B) driving record information maintained by the
4-12 department under Section 21, Chapter 173, Acts of the 47th
4-13 Legislature, Regular Session, 1941 (Article 6687b, Vernon's Texas
4-14 Civil Statutes).
4-15 SECTION 7. Section 71.17(b), Family Code, is amended to read
4-16 as follows:
4-17 (b) The clerk of the court issuing an original or modified
4-18 protective order under this chapter shall send a copy of the order
4-19 to:
4-20 (1) the Department of Public Safety on the date the
4-21 order is issued; and
4-22 (2) the chief of police of the city where the member
4-23 of the family or household protected by the order resides, if the
4-24 person resides in a city, or to the sheriff of the county where the
4-25 person resides, if the person does not reside in a city.
4-26 SECTION 8. The Department of Public Safety shall establish
4-27 the rules and procedures necessary to comply with Chapter 60, Code
5-1 of Criminal Procedure, as amended by this Act, not later than
5-2 January 1, 1996.
5-3 SECTION 9. This Act takes effect September 1, 1995.
5-4 SECTION 10. The importance of this legislation and the
5-5 crowded condition of the calendars in both houses create an
5-6 emergency and an imperative public necessity that the
5-7 constitutional rule requiring bills to be read on three several
5-8 days in each house be suspended, and this rule is hereby suspended.