86R11028 ADM-D
 
  By: Fallon S.B. No. 2230
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to a central database containing information about violent
  offenders.
         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, 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 community supervision to a person for any
  criminal offense, including arrest information that relates to the
  conviction or grant of deferred adjudication community
  supervision; and
               (3)  any information described as public information
  under Section 411.1355.
         SECTION 2.  Subchapter F, Chapter 411, Government Code, is
  amended by adding Section 411.1355 to read as follows:
         Sec. 411.1355.  CENTRAL DATABASE OF VIOLENT OFFENDERS. (a)
  In this section:
               (1)  "Internet domain name" has the meaning assigned by
  Section 325.002, Business & Commerce Code.
               (2)  "Local law enforcement authority" has the meaning
  assigned by Article 62.001, Code of Criminal Procedure.
               (3)  "Web page" has the meaning assigned by Section
  325.002, Business & Commerce Code.
         (b)  The department shall maintain a computerized central
  database containing information, including address information,
  regarding persons who:
               (1)  have been convicted of or received a grant of
  deferred adjudication community supervision for, or have received a
  juvenile adjudication or deferral for, an offense:
                     (A)  listed in Article 42A.054(a), Code of
  Criminal Procedure; or
                     (B)  for which the judgment contains an
  affirmative finding under Article 42A.054(c) or (d), Code of
  Criminal Procedure; and
               (2)  in connection with the conviction, grant,
  adjudication, or deferral, were subsequently discharged, paroled,
  placed in a nonsecure community program for juvenile offenders, or
  placed on juvenile probation, community supervision, or mandatory
  supervision.
         (c)  The information contained in the database is public
  information, with the exception of any information:
               (1)  regarding the person's social security number,
  driver's license number, or telephone number; or
               (2)  that would identify the victim of the applicable
  offense.
         (d)  The department, in cooperation with the Board of Pardons
  and Paroles, the Texas Department of Criminal Justice, the Texas
  Juvenile Justice Department, and the Commission on Jail Standards,
  shall by rule design and implement a system for the registration of
  persons described by Subsection (b).  The system must establish
  requirements and procedures for:
               (1)  an offender to be notified, before the offender's
  release, of the offender's duty to register with a local law
  enforcement authority;
               (2)  the offender to register with a local law
  enforcement authority:
                     (A)  annually;
                     (B)  every 90 days if the offender is determined
  by the department to be high risk because of the offender's status
  as a repeat offender or because of the violent nature of the offense
  charged; or
                     (C)  every 30 days if the offender does not have a
  permanent address;
               (3)  the offender to register with a local law
  enforcement authority not later than five days after the date the
  offender changes address;
               (4)  an offender who operates an online business to:
                     (A)  disclose the name, Internet domain name, and
  web page of the business, if applicable, to the local law
  enforcement authority with whom the offender registers; and
                     (B)  notify the local law enforcement authority
  not later than five days after the date the name, Internet domain
  name, or web page of the business changes;
               (5)  the offender to request and be granted an
  exclusion from the database;
               (6)  the database to track whether an offender is in
  compliance with registration requirements and, if an offender is
  not in compliance, to make that information available to a person
  who requests the information;
               (7)  a local law enforcement agency to promptly forward
  registration information to the department for use in the database;
  and
               (8)  the department to update the database daily.
         (e)  This section does not apply to a person about whom
  information is included in the database maintained under Article
  62.005, Code of Criminal Procedure.  Procedures relating to the
  dissemination of information about those persons and registration
  requirements for those persons are as provided by Chapter 62, Code
  of Criminal Procedure, and by Section 411.135.
         SECTION 3.  The central database required by Section
  411.1355, Government Code, as added by this Act, must be designed
  and implemented not later than March 1, 2020.
         SECTION 4.  (a)  Except as provided by Subsection (b) of this
  section, this Act takes effect March 1, 2020.
         (b)  SECTION 3 of this Act takes effect September 1, 2019.