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A BILL TO BE ENTITLED
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AN ACT
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relating to the collection and analysis of information relating to |
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certain sexual offenses. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 411.042, Government Code, is amended by |
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amending Subsections (b) and (g) and adding Subsections (h) and (i) |
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to read as follows: |
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(b) The bureau of identification and records shall: |
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(1) procure and file for record photographs, pictures, |
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descriptions, fingerprints, measurements, and other pertinent |
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information of all persons arrested for or charged with a criminal |
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offense or convicted of a criminal offense, regardless of whether |
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the conviction is probated; |
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(2) collect information concerning the number and |
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nature of offenses reported or known to have been committed in the |
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state and the legal steps taken in connection with the offenses, and |
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other information useful in the study of crime and the |
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administration of justice, including information that enables the |
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bureau to create a statistical breakdown of [those] offenses in |
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which family violence was involved and a statistical breakdown of |
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offenses under Sections 21.12, 21.15, 22.011, and 22.021, Penal |
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Code; |
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(3) make ballistic tests of bullets and firearms and |
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chemical analyses of bloodstains, cloth, materials, and other |
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substances for law enforcement officers of the state; |
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(4) cooperate with identification and crime records |
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bureaus in other states and the United States Department of |
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Justice; |
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(5) maintain a list of all previous background checks |
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for applicants for any position regulated under Chapter 1702, |
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Occupations Code, who have undergone a criminal history background |
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check under Section 411.119, if the check indicates a Class B |
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misdemeanor or equivalent offense or a greater offense; and |
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(6) collect information concerning the number and |
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nature of protective orders and all other pertinent information |
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about all persons on active protective orders. Information in the |
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law enforcement information system relating to an active protective |
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order shall include: |
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(A) the name, sex, race, date of birth, personal |
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descriptors, address, and county of residence of the person to whom |
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the order is directed; |
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(B) any known identifying number of the person to |
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whom the order is directed, including the person's social security |
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number or driver's license number; |
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(C) the name and county of residence of the |
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person protected by the order; |
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(D) the residence address and place of employment |
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or business of the person protected by the order, unless that |
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information is excluded from the order under Section 85.007, Family |
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Code; |
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(E) the child-care facility or school where a |
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child protected by the order normally resides or which the child |
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normally attends, unless that information is excluded from the |
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order under Section 85.007, Family Code; |
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(F) the relationship or former relationship |
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between the person who is protected by the order and the person to |
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whom the order is directed; and |
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(G) the date the order expires. |
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(g) The department may adopt reasonable rules under this |
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section relating to: |
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(1) law enforcement information systems maintained by |
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the department; |
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(2) the collection, maintenance, and correction of |
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records; |
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(3) reports of criminal history information submitted |
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to the department; [and] |
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(4) active protective orders issued under Title 4 |
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[Chapter 71], Family Code, and reporting procedures that ensure |
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that information relating to the issuance of an active protective |
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order and to the dismissal of an active protective order is reported |
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to the local law enforcement agency at the time of the order's |
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issuance or dismissal and entered by the local law enforcement |
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agency in the state's law enforcement information system; and |
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(5) the collection of information described by |
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Subsection (h). |
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(h) Information collected to perform a statistical |
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breakdown of offenses under Sections 21.12, 21.15, 22.011, and |
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22.021, Penal Code, as required by Subsection (b)(2) must include |
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information indicating the specific offense committed and |
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information regarding: |
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(1) the victim; |
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(2) the offender and the offender's relationship to |
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the victim; |
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(3) any weapons used or exhibited in the commission of |
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the offense; and |
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(4) any injuries sustained by the victim. |
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(i) A law enforcement agency shall report offenses under |
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Section 21.12, 21.15, 22.011, or 22.021, Penal Code, to the |
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department in the form and manner and at regular intervals as |
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prescribed by rules adopted by the department. The report must |
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include the information described by Subsection (h). |
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SECTION 2. In consultation with statewide, nonprofit sexual |
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assault programs, the Department of Public Safety of the State of |
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Texas shall establish the rules and procedures necessary to comply |
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with Section 411.042, Government Code, as amended by this Act, not |
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later than October 1, 2007. |
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SECTION 3. This Act takes effect September 1, 2007. |