By: Naishtat, et al. (Senate Sponsor - Zaffirini) H.B. No. 76
         (In the Senate - Received from the House March 15, 2007;
  March 29, 2007, read first time and referred to Committee on
  Criminal Justice; April 17, 2007, reported adversely, with
  favorable Committee Substitute by the following vote:  Yeas 5,
  Nays 0; April 17, 2007, sent to printer.)
 
  COMMITTEE SUBSTITUTE FOR H.B. No. 76 By:  Whitmire
 
 
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; and
               (4)  any injuries sustained by the victim.
         (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, 2007.
         SECTION 3.  This Act takes effect September 1, 2007.
 
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