By Najera H.B. No. 195
77R1971 KEL-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the collection of information identifying persons who
1-3 are suspected or convicted of committing certain property offenses
1-4 against elderly individuals.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Subchapter D, Chapter 411, Government Code, is
1-7 amended by adding Section 411.051 to read as follows:
1-8 Sec. 411.051. INFORMATION IDENTIFYING PERSONS SUSPECTED OR
1-9 CONVICTED OF COMMITTING CERTAIN PROPERTY OFFENSES AGAINST ELDERLY
1-10 INDIVIDUALS. (a) The department shall establish and maintain a
1-11 central repository for the collection of information identifying
1-12 any person who is suspected or convicted of committing an offense
1-13 under Chapter 31 or 32, Penal Code, against an elderly individual
1-14 as defined by Section 22.04(c), Penal Code, with the victim's
1-15 status as an elderly individual determined according to the time of
1-16 the offense.
1-17 (b) Subject to availability of information, the department
1-18 shall maintain for each person described by Subsection (a) the
1-19 following information in the repository:
1-20 (1) the person's full name, each alias, date of birth,
1-21 sex, race, height, weight, eye color, hair color, social security
1-22 number, driver's license number, and home address;
1-23 (2) a photograph of the person and a complete set of
1-24 the person's fingerprints;
2-1 (3) the age of the person's alleged or actual victim
2-2 and, if applicable, the date of the person's conviction and the
2-3 punishment received; and
2-4 (4) if applicable, an indication as to whether the
2-5 person is confined, discharged, paroled, or released on community
2-6 supervision or mandatory supervision.
2-7 (c) A law enforcement agency that suspects or a court that
2-8 convicts a person of committing an offense under Chapter 31 or 32,
2-9 Penal Code, against an elderly individual shall each report that
2-10 suspicion or conviction to the department in the form and manner
2-11 and at regular intervals as prescribed by rules adopted by the
2-12 department.
2-13 (d) The department shall make information collected under
2-14 this section available to any local law enforcement agency,
2-15 political subdivision, or state agency to the extent the
2-16 information is reasonably necessary or useful to the agency or
2-17 subdivision in carrying out duties imposed by law on the agency or
2-18 subdivision. This subsection may not be construed to limit access
2-19 to information if permitted by other law. Dissemination of
2-20 information under this subsection is subject to all confidentiality
2-21 requirements imposed by other law.
2-22 SECTION 2. The Department of Public Safety of the State of
2-23 Texas shall establish the rules and procedures necessary to comply
2-24 with Section 411.051, Government Code, as added by this Act, not
2-25 later than October 1, 2001.
2-26 SECTION 3. This Act takes effect September 1, 2001.