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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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violent offenders who are members of a criminal street gang. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Title 1, Code of Criminal Procedure, is amended |
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by adding Chapter 61A to read as follows: |
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CHAPTER 61A. VIOLENT GANG MEMBER REGISTRATION PROGRAM |
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Art. 61A.01. DEFINITIONS. In this chapter: |
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(1) "Department" means the Department of Public Safety |
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of the State of Texas. |
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(2) "Internet domain name" has the meaning assigned by |
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Section 48.002, Business & Commerce Code, as added by Section 1, |
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Chapter 544, Acts of the 79th Legislature, Regular Session, 2005. |
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(3) "Local law enforcement authority" has the meaning |
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assigned by Article 62.001. |
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(4) "Web page" has the meaning assigned by Section |
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48.002, Business & Commerce Code, as added by Section 1, Chapter |
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554, Acts of the 79th Legislature, Regular Session, 2005. |
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Art. 61A.02. CENTRAL DATABASE OF VIOLENT GANG MEMBERS. (a) |
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The department shall maintain a computerized central database |
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containing information regarding persons who: |
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(1) have been identified in accordance with Article |
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61.02 as members of a criminal street gang; |
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(2) have been convicted of or received a grant of |
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deferred adjudication for two or more felony offenses; and |
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(3) in connection with the conviction or grant of |
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deferred adjudication, were subsequently discharged, paroled, |
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placed in a nonsecure community program for juvenile offenders, or |
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placed on juvenile probation, community supervision, or mandatory |
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supervision. |
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(b) A person described by Subsection (a) shall register with |
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the department until the 10th anniversary of the date the person was |
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last convicted of or received a grant of deferred adjudication for a |
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felony offense. |
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(c) 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 victim of an offense for |
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which the person was convicted or received a grant of deferred |
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adjudication. |
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(d) The department shall publish on its Internet website all |
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public information contained in the database. |
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(e) The department, in cooperation with the Board of Pardons |
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and Paroles, the Texas Department of Criminal Justice, the Texas |
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Youth Commission, the Texas Juvenile Probation Commission, and the |
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Commission on Jail Standards, shall by rule design and implement a |
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system for the registration of persons described by Subsection (a). |
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The system must establish requirements and procedures for: |
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(1) a person described by Subsection (a) to be |
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notified, before the person's release, of the person's duty to |
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register with a local law enforcement authority until the 10th |
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anniversary of the date the person was last convicted of or received |
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a grant of deferred adjudication for a felony offense; |
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(2) the person to register with a local law |
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enforcement authority: |
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(A) annually; |
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(B) every 90 days if the person is determined by |
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the department to be high risk because of the person's status as a |
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repeat offender or because of the violent nature of the offense |
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charged; or |
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(C) every 30 days if the person does not have a |
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permanent address; |
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(3) the person to register with a local law |
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enforcement authority not later than five days after the date the |
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person changes address; |
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(4) a person who is described by Subsection (a) and who |
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operates an online business to: |
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(A) disclose the name, Internet domain name, and |
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web page of the business, if applicable, to the local law |
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enforcement authority with whom the person registers; and |
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(B) notify the local law enforcement authority |
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not later than five days after the date the name, Internet domain |
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name, or web page of the business changes; |
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(5) the person to request and be granted an exclusion |
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from the database; |
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(6) the database to track whether a person described |
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by Subsection (a) is in compliance with registration requirements |
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and, if the person is not in compliance, to make that information |
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available to other persons requesting the information; |
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(7) a local law enforcement agency to promptly forward |
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registration information to the department for use in the database; |
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(8) the inclusion in the database and on the |
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department's Internet website of a recent photograph of the person, |
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updated annually; and |
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(9) the department to update the database daily. |
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(f) This section does not apply to a person about whom |
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information is included in the database maintained under Article |
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62.005. Procedures relating to the dissemination of information |
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about those persons and registration requirements for those persons |
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are as provided by Chapter 62 and by Section 411.135, Government |
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Code. |
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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 61A or 62, Code of Criminal Procedure, [as added by
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Chapter 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 Chapter 61A or 62 [that
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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. |
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SECTION 3. (a) Chapter 61A, Code of Criminal Procedure, as |
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added by this Act, applies only to a person who is convicted of or |
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receives a grant of deferred adjudication for a felony offense on or |
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after September 1, 1999. |
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(b) The central database required by Chapter 61A, Code of |
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Criminal Procedure, as added by this Act, must be designed and |
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implemented not later than March 1, 2010. |
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SECTION 4. 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. |