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78R5102 KCR-D

By:  Lucio                                                        S.B. No. 851



A BILL TO BE ENTITLED

AN ACT

relating to collecting and reporting information concerning 
certain Class C misdemeanors involving family violence.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Article 5.02, Code of Criminal Procedure, is 
amended to read as follows:
	Art. 5.02.  DEFINITIONS.  In this chapter, "family 
violence," "family," "household," and "member of a household" have 
the meanings assigned by Chapter 71 [Section 71.01], Family Code.
	SECTION 2.  Article 5.05(a), Code of Criminal Procedure, is 
amended to read as follows:
	(a)  A peace officer who investigates a family violence 
incident or who responds to a disturbance call that may involve 
family violence, including an incident or disturbance in violation 
of Section 22.01(a)(2) or (3), Penal Code, shall make a written 
report, including [but not limited to]:
		(1)  the names of the suspect and complainant;                                
		(2)  the date, time, and location of the incident;                            
		(3)  any visible or reported injuries;  and                                   
		(4)  a description of the incident and a statement of 
its disposition.      
	SECTION 3.  Article 60.01, Code of Criminal Procedure, is 
amended by adding Subdivision (17) to read as follows:
		(17)  "Family violence" has the meaning assigned by 
Section 71.004, Family Code.
	SECTION 4.  Article 60.05, Code of Criminal Procedure, is 
amended to read as follows:
	Art. 60.05.  TYPES OF INFORMATION COLLECTED.  The criminal 
justice information system must contain but is not limited to the 
following types of information for each arrest for a felony, [or] a 
misdemeanor not punishable by fine only, or a misdemeanor under 
Section 22.01(a)(2) or (3), Penal Code, involving family violence 
and punishable by fine only:
		(1)  information relating to offenders;                                       
		(2)  information relating to arrests;                                         
		(3)  information relating to prosecutions;                                    
		(4)  information relating to the disposition of cases 
by courts;            
		(5)  information relating to sentencing; and                                  
		(6)  information relating to the handling of offenders 
received by a correctional agency, facility, or other institution.
	SECTION 5.  Article 60.08(b), Code of Criminal Procedure, is 
amended to read as follows:
	(b)  The arresting agency shall prepare a uniform incident 
fingerprint card and initiate the reporting process for each 
offender charged with a felony, [or] a misdemeanor not punishable 
by fine only, or a misdemeanor under Section 22.01(a)(2) or (3), 
Penal Code, involving family violence and punishable by fine only.
	SECTION 6.  (a) This Act takes effect September 1, 2003.                       
	(b)  The change in law made by this Act applies only to an 
offense committed on or after September 1, 2003. An offense 
committed before September 1, 2003, is covered by the law in effect 
when the offense was committed, and the former law is continued in 
effect for that purpose. For purposes of this subsection, an 
offense was committed before September 1, 2003, if any element of 
the offense was committed before that date.