By: Raymond H.B. No. 133

A BILL TO BE ENTITLED

AN ACT

relating to the dissemination of criminal history record information by the Department of Public Safety concerning the offense of intoxication manslaughter and to a task force to reduce habitual driving while intoxicated.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 411.135(a), Government Code, is amended to read as follows:

(a) Any person is entitled to obtain from the department:

(1) any information described as public information under Chapter 62, Code of Criminal Procedure, [as added by Chapter 668, Acts of the 75th Legislature, Regular Session, 1997,] including, to the extent available, a recent photograph of each person subject to registration under that chapter; [and]

(2) criminal history record information maintained by the department that relates to the conviction of or a grant of deferred adjudication to a person for any criminal offense, including arrest information that relates to the conviction or grant of deferred adjudication; and

(3) any information described as public information under Section 411.1356(a).

SECTION 2. Subchapter F, Chapter 411, Government Code, is amended by adding Sections 411.1356 and 411.1357 to read as follows:

Sec. 411.1356. PUBLIC ACCESS TO CRIMINAL HISTORY RECORD INFORMATION CONCERNING OFFENSE OF INTOXICATION MANSLAUGHTER. (a) Criminal history record information that concerns a person's conviction within the preceding 10-year period for an offense under Section 49.08, Penal Code, is public information, with the exception of:

(1) any information regarding the person's social security number, driver's license number, or telephone number; and

(2) any information that would identify a victim of the offense.

(b) The department shall implement and maintain an Internet website to allow any person, free of charge, to electronically search for and receive information described by Subsection (a). The website must be searchable by zip code, city, county, or the name of the person convicted. The search results must include for each person convicted:

(1) the person's full name and last known address; and

(2) a recent photograph of the person, if a photograph is available to the department.

(b-1) The department shall provide written notice to the convicted person not later than the 10th day after the day on which the department places the person's name on the Internet website described by Subsection (b).

(c) The department shall remove the criminal history record information concerning a person's conviction for an offense under Section 49.08, Penal Code, from the Internet website as soon as practicable after the earliest of:

(1) the 10th anniversary of the date of the conviction;

(2) the date on which the conviction is reversed on appeal; or

(3) the date on which an order of expunction is entered with respect to records and files in the case.

Sec. 411.1357. CRIMINAL HISTORY RECORD INFORMATION CONCERNING OFFENSE OF INTOXICATION MANSLAUGHTER PROVIDED TO PEACE OFFICER ON REQUEST. (a) The department shall establish a procedure by which a peace officer or employee of a law enforcement agency who provides the department with a driver's license number, personal identification certificate number, or license plate number may be provided any criminal history record information maintained by the department concerning a conviction of the person to whom the license, certificate, or plate is issued for an offense under Section 49.08, Penal Code, within the preceding 10-year period.

(b) The procedure established under Subsection (a) must allow a peace officer to request the information from the location of a motor vehicle stop and to receive a response to the request within the duration of a reasonable motor vehicle stop.

SECTION 3. Subtitle B, Title 4, Government Code, is amended by adding Chapter 423 to read as follows:

CHAPTER 423. TASK FORCE TO REDUCE HABITUAL INCIDENTS OF DRIVING

WHILE INTOXICATED

Sec. 423.001. DEFINITION. In this chapter, "offense relating to the operating of a motor vehicle while intoxicated" has the meaning assigned by Section 49.09(c), Penal Code.

Sec. 423.002. TASK FORCE COMPOSITION. The Task Force to Reduce Habitual Incidents of Driving While Intoxicated is composed of 12 members appointed as follows:

(1) six members appointed by the governor:

(A) one of whom is a judge from a specialty court;

(B) one of whom has expertise in specialty courts designed to address addiction;

(C) one of whom has been charged with or convicted of an offense relating to the operating of a motor vehicle while intoxicated;

(D) one of whom has been a victim of an offense relating to the operating of a motor vehicle while intoxicated;

(E) one of whom has expertise in criminal justice; and

(F) one of whom has expertise in best practice substance abuse treatment;

(2) three members appointed by the lieutenant governor:

(A) one of whom is a prosecuting attorney;

(B) one of whom is a public defense attorney; and

(C) one of whom is a university scholar with expertise in substance abuse treatment; and

(3) three members appointed by the speaker of the house of representatives:

(A) one of whom is a state representative;

(B) one of whom is a state senator; and

(C) one of whom is appropriately qualified as determined by the speaker.

Sec. 423.003. APPOINTMENT OF PRESIDING OFFICER. The governor shall designate a member of the task force to serve as presiding officer.

Sec. 423.004. DUTIES. (a) The task force shall:

(1) study the best practice responses to habitual offenses relating to the operating of a motor vehicle while intoxicated, for purposes of reducing habitual incidents of those offenses and incidents of driving fatalities among intoxicated drivers;

(2) examine first-time, repeat, and habitual driving while intoxicated data collected in this state, including data relating to:

(A) driving fatalities involving intoxicated drivers; and

(B) automatic driver's license suspensions by the Department of Public Safety for convictions of an offense relating to the operating of a motor vehicle while intoxicated;

(3) monitor other states for laws and programs that have been successful in reducing the occurrence of offenses relating to the operating of a motor vehicle while intoxicated in those states; and

(4) confer with the Texas Department of Transportation, the Department of Public Safety, the Texas Department of Criminal Justice, and the Department of State Health Services to reduce alcoholism, recidivism, and the occurrence of offenses relating to the operating of a motor vehicle while intoxicated in this state.

(b) Not later than December 1, 2014, the task force shall submit a report to the governor, the lieutenant governor, and the speaker of the house of representatives that:

(1) describes its findings, including the success of state laws and programs in reducing the occurrence of offenses relating to the operating of a motor vehicle while intoxicated;

(2) recommends best practice responses to habitual driving while intoxicated; and

(3) recommends legislation relating to the prevention of offenses relating to the operating of a motor vehicle while intoxicated in this state.

(c) The Texas Legislative Council and the Legislative Budget Board shall assist the task force in performing its duties.

Sec. 423.005. EXPIRATION. The task force is abolished and this chapter expires January 1, 2015.

SECTION 4. Not later than May 1, 2014, the Department of Public Safety shall implement the Internet website required under Section 411.1356, Government Code, as added by this Act, and shall make available to a requesting person the information described by Section 411.1356 or 411.1357, Government Code, as added by this Act.

SECTION 5. The governor, lieutenant governor, and speaker of the house of representatives shall make the appointments to the Task Force to Reduce Habitual Incidents of Driving While Intoxicated required by Chapter 423, Government Code, as added by this Act, as soon as practicable after the effective date of this Act.

SECTION 6. This Act takes effect September 1, 2013.