| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to access to criminal history record information by a |
|
|
public defender's office and the office of capital writs and to an |
|
|
exemption for those offices from fees imposed for processing |
|
|
inquiries for that information. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 411.082, Government Code, is amended by |
|
|
adding Subdivisions (5) and (6) to read as follows: |
|
|
(5) "Office of capital writs" means the office of |
|
|
capital writs established under Subchapter B, Chapter 78. |
|
|
(6) "Public defender's office" has the meaning |
|
|
assigned by Article 26.044(a), Code of Criminal Procedure. |
|
|
SECTION 2. Section 411.088, Government Code, is amended by |
|
|
amending Subsection (a) and adding Subsection (a-1) to read as |
|
|
follows: |
|
|
(a) Except as otherwise provided by Subsection (a-1), the |
|
|
[The] department may charge a person [that is not primarily a
|
|
|
criminal justice agency] a fee for processing inquiries for |
|
|
criminal history record information. The department may charge: |
|
|
(1) a fee of $10 for each inquiry for criminal history |
|
|
record information on a person that is processed only on the basis |
|
|
of the person's name, unless the inquiry is submitted |
|
|
electronically or by magnetic media, in which event the fee is $1; |
|
|
(2) a fee of $15 for each inquiry for criminal history |
|
|
record information on a person that is processed on the basis of a |
|
|
fingerprint comparison search; and |
|
|
(3) except as provided by Subsection (b), actual costs |
|
|
for processing all other information inquiries. |
|
|
(a-1) The department may not charge a fee under Subsection |
|
|
(a) for providing criminal history record information to: |
|
|
(1) a criminal justice agency; |
|
|
(2) the office of capital writs; or |
|
|
(3) a public defender's office. |
|
|
SECTION 3. Subchapter F, Chapter 411, Government Code, is |
|
|
amended by adding Section 411.1272 to read as follows: |
|
|
Sec. 411.1272. ACCESS TO CRIMINAL HISTORY RECORD |
|
|
INFORMATION: OFFICE OF CAPITAL WRITS AND PUBLIC DEFENDER'S OFFICES. |
|
|
The office of capital writs and a public defender's office are |
|
|
entitled to obtain from the department criminal history record |
|
|
information maintained by the department that relates to a criminal |
|
|
case in which an attorney compensated by the office of capital writs |
|
|
or by the public defender's office has been appointed. |
|
|
SECTION 4. This Act takes effect September 1, 2013. |