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.
2-29 * * * * *