87R20220 MEW-D
 
  By: Turner of Dallas, Sherman, Sr., Krause H.B. No. 3334
 
  Substitute the following for H.B. No. 3334:
 
  By:  Davis C.S.H.B. No. 3334
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to a criminal justice system sentencing database
  established by the Office of Court Administration of the Texas
  Judicial System.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 72, Government Code, is amended by
  adding Subchapter H to read as follows:
  SUBCHAPTER H. CRIMINAL JUSTICE SYSTEM SENTENCING DATABASE
         Sec. 72.201.  DEFINITION. In this subchapter, "database"
  means the criminal justice system sentencing database maintained
  under this subchapter. 
         Sec. 72.202.  DATABASE. (a) The office shall create and
  maintain a database to collect, compile, and analyze data regarding
  the sentencing of defendants.
         (b)  The office shall compile data that includes, with
  respect to each defendant who has been convicted of a Class B
  misdemeanor or any higher category of offense:
               (1)  the defendant's age and the zip code of the
  defendant's primary residence at the time of the alleged offense;
               (2)  whether the defendant was determined to be
  indigent at any time during the defendant's criminal case;
               (3)  the defendant's race, ethnicity, and gender;
               (4)  the offenses, including the category of each
  offense, for which the defendant was sentenced;
               (5)  the provision of law under which the defendant was
  sentenced;
               (6)  the date on which the offense occurred and the date
  of the defendant's sentencing for that offense;
               (7)  the length of any term of imprisonment to which the
  defendant was sentenced, including any period of probation or
  community supervision, and if multiple sentences were ordered,
  whether the sentences were ordered to be served consecutively or
  concurrently;
               (8)  any court fees, fines, or amounts of restitution
  assessed or ordered and the amount of each;
               (9)  each charge brought against the defendant in a
  single criminal action, including any dismissed, amended, or
  reduced charges;
               (10)  any enhancements applied during sentencing;
               (11)  the amount and type of any bail ordered by the
  court;
               (12)  any credit for time served;
               (13)  whether the defendant was required to attend a
  diversionary or treatment program, and if so, which program;
               (14)  whether the defendant pleaded guilty, not guilty,
  or nolo contendere;
               (15)  any plea bargain agreement approved or rejected
  by the court;
               (16)  whether punishment was assessed by the jury, and
  if so, the jury's recommended sentence;
               (17)  if the defendant was convicted following trial,
  whether the trial was a bench or jury trial;
               (18)  whether the defendant was represented by a
  private attorney, a court-appointed private attorney, or a
  court-appointed public defender or waived the right to
  representation;
               (19)  the category of correctional facility at which
  the defendant will serve confinement, if applicable; and
               (20)  if the offense was a drug offense, the identity
  and amount of controlled substance for which the defendant was
  convicted.
         (c)  Information maintained in the database under this
  section is not required to be removed from the database following an
  order of expunction issued with respect to that information.
         Sec. 72.203.  SUBMISSION OF INFORMATION BY COURTS. On final
  disposition of a defendant's case, the clerk of the sentencing
  court shall submit to the office, within the time period prescribed
  by the office, a written record of the data required under Section
  72.202, with respect to the defendant's case.
         Sec. 72.204.  PUBLISHED INFORMATION. (a) The office shall
  publish deidentified sentencing data from the information in the
  database on the office's Internet website in a modern, open,
  electronic format that is machine-readable and readily accessible
  by the public, free of charge. The office shall update the
  information on the Internet website on a monthly basis.
         (b)  The sentencing data must be searchable by:
               (1)  each data element described by Section 72.202(b);
  and
               (2)  the county and circuit in which a court is located.
         (c)  The data published on the office's Internet website may
  not disclose the name or identifying information of a defendant or
  any other individual involved in the defendant's sentencing.
         Sec. 72.205.  REPORT. Not later than September 1 of each
  even-numbered year, the office shall submit a report to the
  governor and the legislature regarding the data compiled in the
  database.
         Sec. 72.206.  RULES. The office may adopt rules as necessary
  to implement this subchapter.
         SECTION 2.  The Office of Court Administration of the Texas
  Judicial System shall create the database described by Subchapter
  H, Chapter 72, Government Code, as added by this Act, as soon as
  practicable after the effective date of this Act.
         SECTION 3.  A court is not required to submit information to
  the Office of Court Administration of the Texas Judicial System
  under Section 72.203, Government Code, as added by this Act,
  regarding any sentencing that occurred before January 1, 2022.
         SECTION 4.  The Office of Court Administration of the Texas
  Judicial System shall begin publishing sentencing data under
  Section 72.204, Government Code, as added by this Act, on the
  office's Internet website not later than April 1, 2022.
         SECTION 5.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2021.