1-1  By:  West                                              S.B. No. 152
    1-2        (In the Senate - Filed December 21, 1994; January 17, 1995,
    1-3  read first time and referred to Committee on Criminal Justice;
    1-4  January 31, 1995, reported adversely, with favorable Committee
    1-5  Substitute by the following vote:  Yeas 6, Nays 0;
    1-6  January 31, 1995, sent to printer.)
    1-7  COMMITTEE SUBSTITUTE FOR S.B. No. 152                     By:  West
    1-8                         A BILL TO BE ENTITLED
    1-9                                AN ACT
   1-10  relating to the inclusion of protective order information in the
   1-11  law enforcement information system maintained by the Department of
   1-12  Public Safety.
   1-13        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-14        SECTION 1.  Subsection (b), Section 411.042, Government Code,
   1-15  is amended to read as follows:
   1-16        (b)  The bureau of identification and records shall:
   1-17              (1)  procure and file for record photographs, pictures,
   1-18  descriptions, fingerprints, measurements, and other pertinent
   1-19  information of all persons arrested for or charged with a criminal
   1-20  offense or convicted of a criminal offense, regardless of whether
   1-21  the conviction is probated;
   1-22              (2)  collect information concerning the number and
   1-23  nature of offenses reported or known to have been committed in the
   1-24  state and the legal steps taken in connection with the offenses,
   1-25  and other information useful in the study of crime and the
   1-26  administration of justice, including a statistical breakdown of
   1-27  those offenses in which family violence was involved;
   1-28              (3)  make ballistic tests of bullets and firearms and
   1-29  chemical analyses of bloodstains, cloth, materials, and other
   1-30  substances for law enforcement officers of the state; <and>
   1-31              (4)  cooperate with identification and crime records
   1-32  bureaus in other states and the United States Department of
   1-33  Justice; and
   1-34              (5)  collect information concerning the number and
   1-35  nature of protective orders and all other pertinent information
   1-36  about all persons on active protective orders.  Information in the
   1-37  law enforcement information system relating to an active protective
   1-38  order shall include:
   1-39                    (A)  the name, sex, race, date of birth, personal
   1-40  descriptors, address, and county of residence of the person to whom
   1-41  the order is directed;
   1-42                    (B)  any known identifying number of the person
   1-43  to whom the order is directed, including the person's social
   1-44  security number or driver's license number;
   1-45                    (C)  the name and county of residence of the
   1-46  person protected by the order;
   1-47                    (D)  the residence address and place of
   1-48  employment or business of the person protected by the order, unless
   1-49  that information is excluded from the order under Section 71.111,
   1-50  Family Code;
   1-51                    (E)  the child-care facility or school where a
   1-52  child protected by the order normally resides or which the child
   1-53  normally attends, unless that information is excluded from the
   1-54  order under Section 71.111, Family Code;
   1-55                    (F)  the relationship or former relationship
   1-56  between the person who is protected by the order and the person to
   1-57  whom the order is directed; and
   1-58                    (G)  the date the order expires.
   1-59        SECTION 2.  Subsection (g), Section 411.042, Government Code,
   1-60  is amended to read as follows:
   1-61        (g)  The department may adopt reasonable rules under this
   1-62  section relating to:
   1-63              (1)  law enforcement information systems maintained by
   1-64  the department;
   1-65              (2)  the collection, maintenance, and correction of
   1-66  records; <and>
   1-67              (3)  reports of criminal history information submitted
   1-68  to the department; and
    2-1              (4)  active protective orders issued under Chapter 71,
    2-2  Family Code, and reporting procedures that ensure that information
    2-3  relating to the issuance of an active protective order and to the
    2-4  dismissal of an active protective order is reported to the local
    2-5  law enforcement agency at the time of the order's issuance or
    2-6  dismissal and entered by the local law enforcement agency in the
    2-7  state's law enforcement information system.
    2-8        SECTION 3.  Subsection (b), Section 71.17, Family Code, is
    2-9  amended to read as follows:
   2-10        (b)  The clerk of the court issuing an original or modified
   2-11  protective order under this chapter shall send a copy of the order
   2-12  to:
   2-13              (1)  the Department of Public Safety on the date the
   2-14  order is issued; and
   2-15              (2)  the chief of police of the city where the member
   2-16  of the family or household protected by the order resides, if the
   2-17  person resides in a city, or to the sheriff of the county where the
   2-18  person resides, if the person does not reside in a city.
   2-19        SECTION 4.  The Department of Public Safety shall establish
   2-20  the rules and procedures necessary to comply with Section 411.042,
   2-21  Government Code, as amended by this Act, not later than January 1,
   2-22  1996.
   2-23        SECTION 5.  This Act takes effect September 1, 1995.
   2-24        SECTION 6.  The importance of this legislation and the
   2-25  crowded condition of the calendars in both houses create an
   2-26  emergency and an imperative public necessity that the
   2-27  constitutional rule requiring bills to be read on three several
   2-28  days in each house be suspended, and this rule is hereby suspended.
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