86R10990 YDB-D

By: Powell S.B. No. 2133

A BILL TO BE ENTITLED

AN ACT

relating to the implementation of a statewide case management system for judicial case information.

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

SECTION 1. Subchapter C, Chapter 72, Government Code, is amended by adding Section 72.0305 to read as follows:

Sec. 72.0305. STATEWIDE CASE MANAGEMENT SYSTEM. (a) The office shall implement a statewide case management system:

(1) to provide to counties and the Department of Public Safety immediate access to judicial case information; and

(2) for timely reporting of criminal history and mental health records and domestic violence protective orders for background checks.

(b) The statewide case management system must:

(1) include each document or pleading filed for a felony criminal matter, mental health adjudication, or domestic violence protective order in a state court unless electronic filing for the document or pleading is prohibited under any other law;

(2) allow state court judges access to the system for criminal offense sentencing determinations or to perform other duties assigned by law;

(3) allow counties and the Department of Public Safety access to information in the system necessary to perform duties assigned by law;

(4) automatically deliver arrest and conviction information, conditions of bond, mental health adjudication records, guardianship orders, and domestic violence protective order information to counties and the Department of Public Safety as necessary to perform duties assigned by law;

(5) maximize the automation and transmission of criminal history and mental health records to the National Instant Criminal Background Check System operated by the Federal Bureau of Investigation and any other state or national criminal and mental health record repositories determined by the office to be appropriate;

(6) to the extent feasible, integrate with the electronic filing system established under Section 72.031;

(7) provide a method for archiving expired domestic violence protection orders; and

(8) provide privacy protections for sealed records and other records protected by law.

(c) The office shall initially focus on establishing the system in counties with a population of less than 20,000 and expand the system to larger counties as time and money allow.

(d) Information in the statewide case management system is exempt from disclosure under Chapter 552.

(e) The Department of Public Safety shall assist the office in implementing the statewide case management system and ensuring the system interacts with existing state and national criminal and mental health record repositories. The office and department may enter into a memorandum of understanding stating the duties of each agency in implementing the system.

SECTION 2. As soon as practicable after the effective date of this Act, the Office of Court Administration of the Texas Judicial System shall implement the statewide case management system required by Section 72.0305, Government Code, as added by this Act.

SECTION 3. This Act takes effect September 1, 2019.