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AN ACT
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relating to the confidentiality of certain personal information of |
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a person protected by a magistrate's order for emergency |
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protection. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 17, Code of Criminal Procedure, is |
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amended by adding Article 17.294 to read as follows: |
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Art. 17.294. CONFIDENTIALITY OF CERTAIN INFORMATION IN |
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ORDER FOR EMERGENCY PROTECTION. On request by a person protected by |
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an order for emergency protection issued under Article 17.292, or |
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if determined necessary by the magistrate, the court issuing the |
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order may protect the person's mailing address by rendering an |
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order: |
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(1) requiring the person protected under the order to: |
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(A) disclose the person's mailing address to the |
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court; |
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(B) designate another person to receive on behalf |
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of the person any notice or documents filed with the court related |
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to the order; and |
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(C) disclose the designated person's mailing |
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address to the court; |
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(2) requiring the court clerk to: |
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(A) strike the mailing address of the person |
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protected by the order from the public records of the court, if |
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applicable; and |
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(B) maintain a confidential record of the mailing |
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address for use only by: |
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(i) the court; or |
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(ii) a law enforcement agency for purposes |
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of entering the information required by Section 411.042(b)(6), |
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Government Code, into the statewide law enforcement information |
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system maintained by the Department of Public Safety; and |
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(3) prohibiting the release of the information to the |
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defendant. |
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SECTION 2. Section 411.042(b), Government Code, is amended |
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to read as follows: |
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(b) The bureau of identification and records shall: |
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(1) procure and file for record photographs, pictures, |
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descriptions, fingerprints, measurements, and other pertinent |
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information of all persons arrested for or charged with a criminal |
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offense or convicted of a criminal offense, regardless of whether |
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the conviction is probated; |
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(2) collect information concerning the number and |
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nature of offenses reported or known to have been committed in the |
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state and the legal steps taken in connection with the offenses, and |
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other information useful in the study of crime and the |
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administration of justice, including information that enables the |
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bureau to create a statistical breakdown of: |
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(A) offenses in which family violence was |
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involved; |
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(B) offenses under Sections 22.011 and 22.021, |
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Penal Code; and |
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(C) offenses under Sections 20A.02, 43.02(a), |
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43.02(b), 43.03, and 43.05, Penal Code; |
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(3) make ballistic tests of bullets and firearms and |
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chemical analyses of bloodstains, cloth, materials, and other |
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substances for law enforcement officers of the state; |
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(4) cooperate with identification and crime records |
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bureaus in other states and the United States Department of |
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Justice; |
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(5) maintain a list of all previous background checks |
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for applicants for any position regulated under Chapter 1702, |
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Occupations Code, who have undergone a criminal history background |
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check under Section 411.119, if the check indicates a Class B |
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misdemeanor or equivalent offense or a greater offense; |
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(6) collect information concerning the number and |
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nature of protective orders and magistrate's orders of emergency |
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protection and all other pertinent information about all persons |
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subject to active orders, including pertinent information about |
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persons subject to conditions of bond imposed for the protection of |
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the victim in any family violence, sexual assault or abuse, |
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stalking, or trafficking case. Information in the law enforcement |
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information system relating to an active order shall include: |
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(A) the name, sex, race, date of birth, personal |
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descriptors, address, and county of residence of the person to whom |
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the order is directed; |
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(B) any known identifying number of the person to |
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whom the order is directed, including the person's social security |
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number or driver's license number; |
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(C) the name and county of residence of the |
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person protected by the order; |
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(D) the residence address and place of employment |
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or business of the person protected by the order[, unless that
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information is excluded from the order under Article 17.292(e),
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Code of Criminal Procedure]; |
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(E) the child-care facility or school where a |
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child protected by the order normally resides or which the child |
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normally attends[, unless that information is excluded from the
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order under Article 17.292(e), Code of Criminal Procedure]; |
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(F) the relationship or former relationship |
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between the person who is protected by the order and the person to |
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whom the order is directed; |
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(G) the conditions of bond imposed on the person |
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to whom the order is directed, if any, for the protection of a |
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victim in any family violence, sexual assault or abuse, stalking, |
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or trafficking case; |
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(H) any minimum distance the person subject to |
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the order is required to maintain from the protected places or |
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persons; and |
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(I) the date the order expires; |
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(7) grant access to criminal history record |
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information in the manner authorized under Subchapter F; |
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(8) collect and disseminate information regarding |
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offenders with mental impairments in compliance with Chapter 614, |
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Health and Safety Code; and |
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(9) record data and maintain a state database for a |
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computerized criminal history record system and computerized |
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juvenile justice information system that serves: |
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(A) as the record creation point for criminal |
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history record information and juvenile justice information |
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maintained by the state; and |
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(B) as the control terminal for the entry of |
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records, in accordance with federal law and regulations, federal |
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executive orders, and federal policy, into the federal database |
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maintained by the Federal Bureau of Investigation. |
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SECTION 3. The changes in law made by this Act apply only to |
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a magistrate's order for emergency protection issued on or after |
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the effective date of this Act. An order issued before the |
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effective date of this Act is governed by the law in effect on the |
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date the order was issued, and the former law is continued in effect |
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for that purpose. |
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SECTION 4. This Act takes effect September 1, 2019. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 2390 passed the Senate on |
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April 17, 2019, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 2390 passed the House on |
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May 3, 2019, by the following vote: Yeas 140, Nays 0, two present |
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not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |