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A BILL TO BE ENTITLED
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AN ACT
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relating to a central database containing information about certain |
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offenders who have committed offenses involving family violence |
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against a child. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 411.088(b), Government Code, is amended |
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to read as follows: |
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(b) The department may not charge for processing an |
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electronic inquiry, made through the use of the Internet, for |
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information described as public information under: |
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(1) Section 411.1356; or |
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(2) Article 62.005, Code of Criminal Procedure[, made
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through the use of the Internet]. |
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SECTION 2. 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 411.1356. |
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SECTION 3. Subchapter F, Chapter 411, Government Code, is |
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amended by adding Section 411.1356 to read as follows: |
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Sec. 411.1356. CENTRAL DATABASE OF OFFENDERS COMMITTING |
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OFFENSES INVOLVING FAMILY VIOLENCE AGAINST A CHILD. (a) The |
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department shall maintain a computerized central database |
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containing information regarding persons who have been convicted of |
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an offense: |
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(1) for which an affirmative finding of family |
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violence was made under Article 42.013, Code of Criminal Procedure; |
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and |
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(2) of which the victim was a child of the family or |
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household who was younger than 17 years of age at the time the |
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offense was committed. |
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(b) The information contained in the database is public |
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information, with the exception of any information: |
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(1) regarding the person's social security number, |
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driver's license number, or telephone number; or |
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(2) that would identify the child who was the victim of |
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the offense. |
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(c) The database maintained by the department under this |
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section must contain, to the extent the information is available to |
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the department: |
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(1) the person's full name, each alias used by the |
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person, and the person's date of birth; |
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(2) the person's last known address; |
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(3) a physical description and recent photograph of |
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the person; |
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(4) a list of each conviction for an offense described |
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by Subsection (a), the date of conviction for each offense, and the |
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punishment prescribed for each offense; and |
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(5) an indication as to whether the person was |
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discharged, placed on juvenile probation or community supervision, |
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or released on parole or to mandatory supervision following the |
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conviction for each offense. |
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(d) The department shall permit a person whose name is |
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included in the database established under this section to petition |
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the department for removal of the person's name from the database, |
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and the department shall remove the person's name from the database |
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in response to the petition if: |
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(1) an order of expunction is issued under Chapter 55, |
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Code of Criminal Procedure, with respect to an offense described by |
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Subsection (a), unless the person has one or more other convictions |
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for an offense described by that subsection; or |
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(2) the person establishes that the person, at the |
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time the petition is made, does not have as a member of the person's |
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family or household, as those terms are defined by Chapter 71, |
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Family Code, a child who is younger than 17 years of age. |
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(e) On the website through which a person may search the |
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database described by this section, the department shall include |
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information regarding: |
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(1) the manner in which a person may petition the |
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department for removal of the person's name from the database; and |
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(2) the circumstances under which the department will |
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grant the petition. |
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SECTION 4. The central database required by Section |
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411.1356, Government Code, as added by this Act, must be designed |
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and implemented not later than January 1, 2010, and may only include |
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conviction information with respect to offenses described by |
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Subsection (a) of that section that are committed on or after the |
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effective date of this Act. For purposes of this section, an |
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offense was committed on or after the effective date of this Act if |
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each element of the offense occurred on or after that date. |
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SECTION 5. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2009. |