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A BILL TO BE ENTITLED
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AN ACT
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relating to the dissemination of criminal history record |
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information by the Department of Public Safety concerning certain |
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intoxication offenses. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 411.135(a), Government Code, is amended |
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to read as follows: |
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(a) Any person is entitled to obtain from the department: |
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(1) any information described as public information |
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under Chapter 62, Code of Criminal Procedure, [as added by Chapter
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668, Acts of the 75th Legislature, Regular Session, 1997,] |
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including, to the extent available, a recent photograph of each |
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person subject to registration under that chapter; [and] |
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(2) criminal history record information maintained by |
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the department that relates to the conviction of or a grant of |
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deferred adjudication to a person for any criminal offense, |
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including arrest information that relates to the conviction or |
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grant of deferred adjudication; and |
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(3) any information described as public information |
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under Section 411.1355(a). |
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SECTION 2. Subchapter F, Chapter 411, Government Code, is |
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amended by adding Sections 411.1355 and 411.1356 to read as |
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follows: |
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Sec. 411.1355. PUBLIC ACCESS TO CRIMINAL HISTORY RECORD |
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INFORMATION CONCERNING CERTAIN INTOXICATION OFFENSES. (a) |
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Criminal history record information that concerns a person's |
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conviction for an offense under Section 49.04, 49.045, 49.05, |
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49.06, 49.065, 49.07, or 49.08, Penal Code, is public information |
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if the person has been previously convicted of an offense under one |
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of those sections. |
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(b) The department shall design and implement an Internet |
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website to allow any person, free of charge, to electronically |
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search for and receive information described by Subsection (a) by |
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entering specific search criteria into the website, including a zip |
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code, city, county, or name of a person. The search results: |
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(1) must include: |
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(A) the municipality in which the last known |
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address of the person convicted is located; and |
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(B) a recent photograph of the person convicted |
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taken attendant to the person's arrest; and |
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(2) may not include: |
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(A) any information regarding the convicted |
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person's social security number, driver's license number, or |
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telephone number; |
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(B) any information that would identify a victim |
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of the offense; or |
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(C) any information regarding a person if 15 |
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years have elapsed since the date the person committed the most |
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recent offense for which the person was convicted under Section |
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49.04, 49.045, 49.05, 49.06, 49.065, 49.07, or 49.08, Penal Code. |
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Sec. 411.1356. CRIMINAL HISTORY RECORD INFORMATION |
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CONCERNING CERTAIN INTOXICATION OFFENSES PROVIDED TO PEACE OFFICER |
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ON REQUEST. The department shall establish a procedure by which a |
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peace officer or employee of a law enforcement agency who provides |
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the department with a driver's license number, personal |
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identification certificate number, or license plate number is |
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automatically provided information as to whether the department has |
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criminal history record information concerning an offense under |
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Section 49.04, 49.045, 49.05, 49.06, 49.065, 49.07, or 49.08, Penal |
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Code, about the person to whom the driver's license, personal |
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identification certificate, or license plate is issued. The |
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procedure must allow a peace officer to request the information |
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from the location of a motor vehicle stop and to receive a response |
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to the request during the duration of a reasonable motor vehicle |
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stop. |
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SECTION 3. Not later than May 1, 2010, the Department of |
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Public Safety shall make criminal history record information |
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available to a requesting person as required by Sections 411.1355 |
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and 411.1356, Government Code, as added by this Act. |
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SECTION 4. This Act takes effect September 1, 2009. |