By Allen H.B. No. 3149
77R7026 JMC-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the collection and dissemination by the Texas
1-3 Department of Public Safety of information relating to threats
1-4 against public servants.
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 411.048 to read as follows:
1-8 Sec. 411.048. THREATS AGAINST PUBLIC SERVANTS. (a) In this
1-9 section:
1-10 (1) "Criminal justice agency" has the meaning assigned
1-11 by Article 60.01, Code of Criminal Procedure.
1-12 (2) "Public servant" has the meaning assigned by
1-13 Section 1.07, Penal Code.
1-14 (b) The bureau of identification and records shall establish
1-15 and maintain a central index in the law enforcement information
1-16 system maintained by the department to:
1-17 (1) collect and disseminate information relating to a
1-18 threat made by an individual in any manner to inflict future bodily
1-19 injury on a public servant, regardless of whether the threat
1-20 constitutes a separate criminal offense; and
1-21 (2) alert a public servant of a threat described by
1-22 Subdivision (1).
1-23 (c) A criminal justice agency shall immediately enter into
1-24 the information system an electronic report of an individual who
2-1 makes a threat described by Subsection (b)(1). The agency shall
2-2 enter the information in the form and manner provided by rules
2-3 adopted by the director.
2-4 (d) On proper inquiry into the information system, the
2-5 department shall disseminate information collected under this
2-6 section to a criminal justice agency as reasonably necessary to
2-7 protect the safety of a public servant. The criminal justice
2-8 agency may use information disseminated under this subsection in
2-9 the manner provided by rules adopted by the director.
2-10 (e) The department shall promptly respond to a request to
2-11 disclose information collected under this section by an individual
2-12 who is the subject of the information.
2-13 (f) An individual who is the subject of information
2-14 collected under this section may request that the director, the
2-15 director's designee, or a court review the information to determine
2-16 whether the information complies with rules adopted by the
2-17 director. The review shall be conducted using the same procedure
2-18 for reviewing criminal information collected under Chapter 61, Code
2-19 of Criminal Procedure.
2-20 (g) A public servant or criminal justice agency is not
2-21 liable for an act or omission relating to the collection, use, or
2-22 dissemination of information collected under this section in
2-23 accordance with rules adopted by the director.
2-24 (h) The director may adopt rules to implement and enforce
2-25 this section.
2-26 SECTION 2. Section 552.108(a), Government Code, is amended to
2-27 read as follows:
3-1 (a) Information held by a law enforcement agency or
3-2 prosecutor that deals with the detection, investigation, or
3-3 prosecution of crime is excepted from the requirements of Section
3-4 552.021 if:
3-5 (1) release of the information would interfere with
3-6 the detection, investigation, or prosecution of crime;
3-7 (2) it is information that deals with the detection,
3-8 investigation, or prosecution of crime only in relation to an
3-9 investigation that did not result in conviction or deferred
3-10 adjudication; [or]
3-11 (3) it is information relating to a threat against a
3-12 public servant collected or disseminated under Section 411.048; or
3-13 (4) it is information that:
3-14 (A) is prepared by an attorney representing the
3-15 state in anticipation of or in the course of preparing for criminal
3-16 litigation; or
3-17 (B) reflects the mental impressions or legal
3-18 reasoning of an attorney representing the state.
3-19 SECTION 3. This Act takes effect September 1, 2001.