79R738 RMB-D

By:  Zaffirini                                                    S.B. No. 38 



A BILL TO BE ENTITLED

AN ACT

relating to the collection and analysis of information relating to 
certain sexual offenses.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 411.042, Government Code, is amended by 
amending Subsections (b) and (g) and adding Subsections (h) and (i) 
to read as follows:
	(b)  The bureau of identification and records shall:                           
		(1)  procure and file for record photographs, pictures, 
descriptions, fingerprints, measurements, and other pertinent 
information of all persons arrested for or charged with a criminal 
offense or convicted of a criminal offense, regardless of whether 
the conviction is probated;
		(2)  collect information concerning the number and 
nature of offenses reported or known to have been committed in the 
state and the legal steps taken in connection with the offenses, and 
other information useful in the study of crime and the 
administration of justice, including information that enables the 
bureau to create a statistical breakdown of [those] offenses in 
which family violence was involved and a statistical breakdown of 
offenses under Sections 22.011 and 22.021, Penal Code;
		(3)  make ballistic tests of bullets and firearms and 
chemical analyses of bloodstains, cloth, materials, and other 
substances for law enforcement officers of the state;
		(4)  cooperate with identification and crime records 
bureaus in other states and the United States Department of 
Justice;
		(5)  maintain a list of all previous background checks 
for applicants for any position regulated under Chapter 1702, 
Occupations Code, who have undergone a criminal history background 
check under Section 411.119, if the check indicates a Class B 
misdemeanor or equivalent offense or a greater offense;  and
		(6)  collect information concerning the number and 
nature of protective orders and all other pertinent information 
about all persons on active protective orders.  Information in the 
law enforcement information system relating to an active protective 
order shall include:
			(A)  the name, sex, race, date of birth, personal 
descriptors, address, and county of residence of the person to whom 
the order is directed;
			(B)  any known identifying number of the person to 
whom the order is directed, including the person's social security 
number or driver's license number;
			(C)  the name and county of residence of the 
person protected by the order;
			(D)  the residence address and place of employment 
or business of the person protected by the order, unless that 
information is excluded from the order under Section 85.007, Family 
Code;
			(E)  the child-care facility or school where a 
child protected by the order normally resides or which the child 
normally attends, unless that information is excluded from the 
order under Section 85.007, Family Code;
			(F)  the relationship or former relationship 
between the person who is protected by the order and the person to 
whom the order is directed;  and
			(G)  the date the order expires.                                             
	(g)  The department may adopt reasonable rules under this 
section relating to:
		(1)  law enforcement information systems maintained by 
the department;      
		(2)  the collection, maintenance, and correction of 
records;                
		(3)  reports of criminal history information submitted 
to the department; [and]
		(4)  active protective orders issued under Title 4 
[Chapter 71], Family Code, and reporting procedures that ensure 
that information relating to the issuance of an active protective 
order and to the dismissal of an active protective order is reported 
to the local law enforcement agency at the time of the order's 
issuance or dismissal and entered by the local law enforcement 
agency in the state's law enforcement information system; and
		(5)  the collection of information described by 
Subsection (h).      
	(h)  Information collected to perform a statistical 
breakdown of offenses under Sections 22.011 and 22.021, Penal Code, 
as required by Subsection (b)(2) must include information 
indicating the specific offense committed and information 
regarding:
		(1)  the victim;                                                       
		(2)  the offender and the offender's relationship to 
the victim;     
		(3)  any weapons used or exhibited in the commission of 
the offense; 
		(4)  any controlled substances used to facilitate the 
commission of the offense;
		(5)  any injuries sustained by the victim; and                         
		(6)  whether a forensic medical examination described 
by Article 56.06, Code of Criminal Procedure, was performed.
	(i)  A law enforcement agency shall report offenses under 
Section 22.011 or 22.021, Penal Code, to the department in the form 
and manner and at regular intervals as prescribed by rules adopted 
by the department.  The report must include the information 
described by Subsection (h).
	SECTION 2.  In consultation with statewide, nonprofit sexual 
assault programs, the Department of Public Safety of the State of 
Texas shall establish the rules and procedures necessary to comply 
with Section 411.042, Government Code, as amended by this Act, not 
later than October 1, 2005.
	SECTION 3.  This Act takes effect September 1, 2005.