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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 violent |
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offenders. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. 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 62, Code of Criminal Procedure, including, to the |
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extent available, a recent photograph of each person subject to |
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registration under that 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 community supervision to a person for any |
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criminal offense, including arrest information that relates to the |
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conviction or grant of deferred adjudication community |
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supervision; and |
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(3) any information described as public information |
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under Section 411.1355. |
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SECTION 2. Subchapter F, Chapter 411, Government Code, is |
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amended by adding Section 411.1355 to read as follows: |
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Sec. 411.1355. CENTRAL DATABASE OF VIOLENT OFFENDERS. (a) |
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In this section: |
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(1) "Internet domain name" has the meaning assigned by |
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Section 325.002, Business & Commerce Code. |
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(2) "Local law enforcement authority" has the meaning |
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assigned by Article 62.001, Code of Criminal Procedure. |
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(3) "Web page" has the meaning assigned by Section |
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325.002, Business & Commerce Code. |
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(b) The department shall maintain a computerized central |
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database containing information, including address information, |
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regarding persons who: |
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(1) have been convicted of or received a grant of |
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deferred adjudication community supervision for, or have received a |
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juvenile adjudication or deferral for, an offense: |
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(A) listed in Article 42A.054(a), Code of |
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Criminal Procedure; or |
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(B) for which the judgment contains an |
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affirmative finding under Article 42A.054(c) or (d), Code of |
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Criminal Procedure; and |
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(2) in connection with the conviction, grant, |
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adjudication, or deferral, 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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(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 the applicable |
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offense. |
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(d) 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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Juvenile Justice Department, and the Commission on Jail Standards, |
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shall by rule design and implement a system for the registration of |
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persons described by Subsection (b). The system must establish |
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requirements and procedures for: |
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(1) an offender to be notified, before the offender's |
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release, of the offender's duty to register with a local law |
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enforcement authority; |
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(2) the offender 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 offender is determined |
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by the department to be high risk because of the offender's status |
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as a 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 offender does not have a |
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permanent address; |
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(3) the offender 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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offender changes address; |
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(4) an offender who 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 offender 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 offender to request and be granted an |
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exclusion from the database; |
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(6) the database to track whether an offender is in |
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compliance with registration requirements and, if an offender is |
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not in compliance, to make that information available to a person |
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who requests 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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and |
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(8) the department to update the database daily. |
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(e) 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, Code of Criminal Procedure. Procedures relating to the |
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dissemination of information about those persons and registration |
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requirements for those persons are as provided by Chapter 62, Code |
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of Criminal Procedure, and by Section 411.135. |
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SECTION 3. The central database required by Section |
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411.1355, Government Code, as added by this Act, must be designed |
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and implemented not later than March 1, 2020. |
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SECTION 4. (a) Except as provided by Subsection (b) of this |
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section, this Act takes effect March 1, 2020. |
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(b) SECTION 3 of this Act takes effect September 1, 2019. |