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SECTION 3. Sections 411.042(b)
and (g), Government Code, are amended 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:
(A) offenses in which family
violence was involved;
(B) offenses under Sections
22.011 and 22.021, Penal Code; and
(C) offenses under Sections
20A.02 and 43.05, 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;
(6) collect information
concerning the number and nature of protective orders and all other
pertinent information about all persons on active protective orders,
including pertinent information about persons subject to conditions of bond
imposed for the protection of the victim in any family violence, sexual
assault, or stalking case. 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 conditions of
bond imposed on the person to whom the order is directed for the protection
of a victim in any family violence, sexual assault, or stalking case; and
(H) the date the
order expires;
(7) grant access to criminal
history record information in the manner authorized under Subchapter F;
(8) collect and disseminate
information regarding offenders with mental impairments in compliance with
Chapter 614, Health and Safety Code; and
(9) record data and maintain
a state database for a computerized criminal history record system and
computerized juvenile justice information system that serves:
(A) as the record creation
point for criminal history record information and juvenile justice
information maintained by the state; and
(B) as the control terminal
for the entry of records, in accordance with federal law and regulations,
federal executive orders, and federal policy, into the federal database
maintained by the Federal Bureau of Investigation.
(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;
(4) active protective orders
issued under Title 4, Family Code, or
Chapter 7A or Article 17.292, Code of Criminal Procedure, and
reporting procedures that ensure that information relating to the issuance,
modification, or removal of any conditions
imposed through [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;
(5) the collection of
information described by Subsection (h); and
(6) a system for providing
criminal history record information through the criminal history
clearinghouse under Section 411.0845.
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SECTION 3. Sections
411.042(b) and (g), Government Code, are amended 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:
(A) offenses in which family
violence was involved;
(B) offenses under Sections
22.011 and 22.021, Penal Code; and
(C) offenses under Sections
20A.02 and 43.05, 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;
(6) collect information
concerning the number and nature of protective orders and all other
pertinent information about all persons on active protective orders,
including pertinent information about persons subject to conditions of bond
imposed for the protection of the victim in any family violence, sexual
assault or abuse, or stalking case.
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 conditions of
bond imposed on the person to whom the order is directed, if any, for the protection of a victim in any
family violence, sexual assault or abuse,
or stalking case; and
(H) the date the
order expires;
(7) grant access to criminal
history record information in the manner authorized under Subchapter F;
(8) collect and disseminate
information regarding offenders with mental impairments in compliance with
Chapter 614, Health and Safety Code; and
(9) record data and maintain
a state database for a computerized criminal history record system and
computerized juvenile justice information system that serves:
(A) as the record creation
point for criminal history record information and juvenile justice
information maintained by the state; and
(B) as the control terminal
for the entry of records, in accordance with federal law and regulations,
federal executive orders, and federal policy, into the federal database
maintained by the Federal Bureau of Investigation.
(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;
(4) active protective orders
[issued under Title 4, Family Code,]
and reporting procedures that ensure that information relating to the
issuance and dismissal 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;
(5) the collection of
information described by Subsection (h); [and]
(6) a system for providing
criminal history record information through the criminal history
clearinghouse under Section 411.0845; and
(7) active conditions of bond imposed on a defendant for the
protection of a victim in any family violence, sexual assault or abuse, or
stalking case, and reporting procedures that ensure that information
relating to the issuance, modification, or removal of the conditions of
bond is reported to the local law enforcement agency at the time of the
issuance, modification, or removal and entered by the local law enforcement
agency in the state's law enforcement information system.
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SECTION 5. Section 25.07(a),
Penal Code, is amended to read as follows:
(a) A person commits an
offense if, in violation of a condition of bond [set in a family violence case] and related to the
safety of a [the] victim or the safety of the community, an
order issued under Article 17.292, Code of Criminal Procedure, in a family violence, sexual assault, or stalking
case, an order issued under Section 6.504, Family Code, Chapter
83, Family Code, if the temporary ex parte order has been served on the
person, or Chapter 85, Family Code, in a
family violence case, or an order issued by another jurisdiction
as provided by Chapter 88, Family Code, in
a family violence case, the person knowingly or intentionally:
(1) commits family violence
or an act in furtherance of an offense under Section 22.011, 22.021, or
42.072;
(2) communicates:
(A) directly with a
protected individual or a member of the family or household in a
threatening or harassing manner;
(B)
in any manner with the protected individual or a member of the family or
household except through the protected individual's attorney or a person
appointed by the court;
(C) a threat through
any person to a protected individual or a member of the family or
household; or
(D) [(C)] in
any manner with the protected individual or a member of the family or
household except through the person's attorney or a person appointed by the
court, if the violation is of an order described by this subsection and the
order prohibits any communication with a protected individual or a member
of the family or household;
(3) goes to or near any of
the following places as specifically described in the order or condition of
bond:
(A) the residence or place
of employment or business of a protected individual or a member of the
family or household; or
(B) any child care facility,
residence, or school where a child protected by the order or condition of
bond normally resides or attends;
(4) possesses a firearm; or
(5) harms, threatens, or
interferes with the care, custody, or control of a pet, companion animal,
or assistance animal that is possessed by a person protected by the order.
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SECTION 5. Section 25.07(a),
Penal Code, is amended to read as follows:
(a) A person commits an
offense if, in violation of a condition of bond set in a family violence, sexual assault or abuse, or stalking
case and related to the safety of a [the] victim or the
safety of the community, an order issued under Article 17.292, Code of
Criminal Procedure, an order issued under Section 6.504, Family Code,
Chapter 83, Family Code, if the temporary ex parte order has been served on
the person, or Chapter 85, Family Code, or an order issued by another
jurisdiction as provided by Chapter 88, Family Code, the person knowingly
or intentionally:
(1) commits family violence
or an act in furtherance of an offense under Section 22.011, 22.021, or
42.072;
(2) communicates:
(A) directly with a
protected individual or a member of the family or household in a
threatening or harassing manner;
(B) a threat through any
person to a protected individual or a member of the family or household; or
(C) in any manner with the
protected individual or a member of the family or household except through
the person's attorney or a person appointed by the court, if the violation
is of an order described by this subsection and the order prohibits any
communication with a protected individual or a member of the family or
household;
(3) goes to or near any of
the following places as specifically described in the order or condition of
bond:
(A) the residence or place
of employment or business of a protected individual or a member of the
family or household; or
(B) any child care facility,
residence, or school where a child protected by the order or condition of
bond normally resides or attends;
(4) possesses a firearm; or
(5) harms, threatens, or
interferes with the care, custody, or control of a pet, companion animal,
or assistance animal that is possessed by a person protected by the order.
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