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AN ACT
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relating to including in the law enforcement information system |
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information indicating that criminal defendants have committed |
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certain additional offenses. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 411, Government Code, is amended by |
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adding Subchapter D-1 to read as follows: |
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SUBCHAPTER D-1. CENTRAL INDEX OF CERTAIN ADDITIONAL OFFENSES |
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SUSPECTED TO HAVE BEEN COMMITTED BY CRIMINAL DEFENDANTS |
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Sec. 411.0601. DEFINITION. In this subchapter, "criminal |
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justice agency" has the meaning assigned by Article 60.01, Code of |
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Criminal Procedure. |
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Sec. 411.0602. ESTABLISHMENT OF CENTRAL INDEX; ENTRY OF |
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INFORMATION. (a) In the law enforcement information system |
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maintained by the department, the bureau of identification and |
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records shall establish and maintain a central index to collect and |
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disseminate information regarding additional offenses that |
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forensic DNA test results indicate may have been committed by a |
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defendant who has been arrested for or charged with any felony or |
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misdemeanor offense, other than a misdemeanor offense punishable by |
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fine only. |
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(b) Information relating to a defendant described by |
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Subsection (a) may be entered in the central index only if the |
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information is based on forensic DNA test results indicating that |
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the DNA profile of the defendant cannot be excluded as a donor to |
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the DNA profile of a person suspected to have committed an offense, |
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regardless of whether the defendant has been or will be arrested for |
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or charged with that offense. The information must be: |
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(1) submitted in the form of an affidavit signed by a |
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representative of an investigating criminal justice agency and |
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approved by a district judge; and |
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(2) accompanied by a set of the defendant's |
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fingerprints. |
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Sec. 411.0603. CONFIDENTIALITY AND DISSEMINATION OF |
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INFORMATION IN CENTRAL INDEX. (a) Information maintained by the |
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department in the central index established under this subchapter |
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is confidential. The department may not disseminate the |
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information except as otherwise provided by this section. |
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(b) On proper inquiry, the department shall disseminate to a |
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criminal justice agency the information collected under Section |
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411.0602. The criminal justice agency may disseminate the |
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information to any other criminal justice agency if the |
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dissemination of that information is for a criminal justice |
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purpose. |
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(c) A criminal justice agency or an employee of a criminal |
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justice agency is not liable for an act or omission relating to the |
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collection, use, or dissemination of information collected under |
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Section 411.0602 if that collection, use, or dissemination is |
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performed in accordance with rules adopted by the director. |
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Sec. 411.0604. RULES. The director shall adopt rules to |
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implement and enforce this subchapter. |
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Sec. 411.0605. RIGHT TO REQUEST NOTICE OF ENTRY IN CENTRAL |
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INDEX. (a) A defendant described by Section 411.0602(a) may submit |
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to the bureau of identification and records a request to determine |
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whether the bureau has entered information relating to the |
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defendant in the central index established under Section 411.0602. |
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The bureau shall respond to the request not later than the 10th |
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business day after the date the bureau receives the request. |
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(b) Before responding to a request under Subsection (a), the |
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bureau may require reasonable written verification of the identity |
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of the defendant submitting the request, including written |
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verification of an address, date of birth, driver's license number, |
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state identification card number, or social security number. |
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Sec. 411.0606. RIGHT TO REQUEST REVIEW OF ENTRY IN CENTRAL |
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INDEX. (a) On receipt by the bureau of identification and records |
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of a written request that is submitted by a defendant described by |
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Section 411.0602(a), that is accompanied by a set of the |
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defendant's fingerprints, and that alleges that the bureau may have |
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entered inaccurate information relating to the defendant in the |
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central index established under Section 411.0602, the head of the |
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bureau or that person's designee and the head of the department's |
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crime laboratory in Austin each shall review the information to |
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determine whether there is a high likelihood that the information |
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is accurate. |
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(b) If after review the head of the bureau or that person's |
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designee or the head of the department's crime laboratory in Austin |
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determines there is not a high likelihood that the information |
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relating to the defendant is accurate, the bureau shall: |
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(1) promptly remove that information from the central |
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index; and |
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(2) notify other appropriate divisions of the |
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department, the investigating criminal justice agency, and the |
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defendant of the bureau's determination and the removal of the |
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information. |
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(c) If after review the head of the bureau or that person's |
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designee and the head of the department's crime laboratory in |
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Austin jointly determine there is a high likelihood that the |
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information relating to the defendant is accurate, the bureau shall |
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notify the defendant of that determination. |
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SECTION 2. (a) Not later than December 1, 2009, the public |
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safety director of the Department of Public Safety of the State of |
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Texas shall adopt the rules required by Section 411.0604, |
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Government Code, as added by this Act. |
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(b) The change in law made by this Act in adding Subchapter |
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D-1, Chapter 411, Government Code, applies to the inclusion of |
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forensic DNA test results in the central index required to be |
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established under that subchapter, regardless of whether the test |
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results were obtained before, on, or after the effective date of |
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this Act. |
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SECTION 3. This Act takes effect September 1, 2009. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 2932 was passed by the House on April |
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28, 2009, by the following vote: Yeas 145, Nays 0, 1 present, not |
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voting; and that the House concurred in Senate amendments to H.B. |
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No. 2932 on May 29, 2009, by the following vote: Yeas 141, Nays 1, |
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1 present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 2932 was passed by the Senate, with |
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amendments, on May 27, 2009, by the following vote: Yeas 31, Nays |
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0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: __________________ |
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Date |
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__________________ |
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Governor |