87R5554 MEW-D

By: Eckhardt S.B. No. 1042

A BILL TO BE ENTITLED

AN ACT

relating to a data collection program established by the attorney general regarding defendants in certain criminal cases and access to information stored in criminal justice information databases.

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

SECTION 1. Article 66.201, Code of Criminal Procedure, is amended to read as follows:

Art. 66.201. ACCESS TO DATABASES BY CRIMINAL JUSTICE AGENCIES AND OTHER ENTITIES. (a) Criminal justice agencies, the Legislative Budget Board, the attorney general, and the council are entitled to access the databases of the Department of Public Safety, the Texas Juvenile Justice Department, and the Texas Department of Criminal Justice in accordance with applicable state or federal law or regulations.

(b) The access granted by this article does not entitle a criminal justice agency, the Legislative Budget Board, the attorney general, or the council to add, delete, or alter data maintained by another agency.

SECTION 2. Article 66.203, Code of Criminal Procedure, is amended to read as follows:

Art. 66.203. PUBLIC DISCLOSURE OF DATA PROHIBITED. A criminal justice agency, the council, the attorney general, and the Legislative Budget Board may not disclose to the public information in an individual's criminal history record if the record is protected by state or federal law or regulation.

SECTION 3. Subchapter B, Chapter 402, Government Code, is amended by adding Section 402.040 to read as follows:

Sec. 402.040. DATA COLLECTION PROGRAM REGARDING CERTAIN CRIMINAL DEFENDANTS. (a) The attorney general shall establish a program to collect, record, compile, and analyze data regarding defendants who:

(1) are alleged to have committed an offense punishable as a Class B misdemeanor or higher; and

(2) were 18 years of age or older at the time of the alleged offense.

(b) The attorney general shall compile data regarding a defendant described by Subsection (a) from the time the defendant enters the criminal justice system until final disposition of the defendant's case. The data must include, with respect to each defendant:

(1) the defendant's age at the time of the alleged offense and the defendant's race, ethnicity, and gender;

(2) any warrants, arrests, charges, filing of criminal complaints, or indictments;

(3) any dismissed or downgraded charges;

(4) whether the case proceeded to trial and the disposition of the case;

(5) whether the defendant applied to participate in a pretrial diversion program and whether the attorney representing the state or the court consented to or denied a defendant's participation in a program;

(6) if the defendant participated in a pretrial diversion program, whether the defendant successfully completed the program;

(7) if applicable, the race, ethnicity, and gender of each victim of the alleged offense and the age of each victim at the time of the alleged offense;

(8) any plea bargain agreement negotiations, including:

(A) any plea bargain offer extended to a defendant and whether the defendant accepted or rejected the offer;

(B) any plea bargain agreement entered or rejected by the court; and

(C) whether any plea bargain agreement entered or rejected by the court included community supervision or confinement;

(9) court fees and fines assessed; and

(10) amounts of restitution ordered, including any amount collected by the court and paid to a victim of an alleged offense.

(c) Information under Subsection (b) with respect to race or ethnicity must be compiled in accordance with the standards of the classification of federal data on race and ethnicity established by the United States Office of Management and Budget.

(d) The following entities shall cooperate with the attorney general to assist in the implementation of the program and the collection, recording, compilation, and provision of data to the extent and in the manner required by the attorney general:

(1) the Department of Public Safety;

(2) the Office of Court Administration of the Texas Judicial System;

(3) the correctional institutions division of the Texas Department of Criminal Justice;

(4) the Texas Indigent Defense Commission;

(5) a district attorney, a criminal district attorney, or a county attorney with criminal jurisdiction; and

(6) a local law enforcement agency.

(e) Not later than February 1 of each year, the attorney general shall post on the attorney general's Internet website a report summarizing and analyzing the data described in Subsection (b) that was compiled for the preceding calendar year.

(f) Personal identifying information obtained by the attorney general under this section is confidential and not subject to disclosure under Chapter 552 and may not be disclosed to any person. For purposes of this subsection, "personal identifying information" includes:

(1) an individual's name or an alias used by the individual;

(2) an individual's address;

(3) an individual's social security number;

(4) an individual's telephone number;

(5) an individual's fax number;

(6) an individual's driver's license number;

(7) an individual's e-mail address; or

(8) a social media address of an individual.

(g) The attorney general may adopt rules as necessary to implement this section.

SECTION 4. Notwithstanding Section 402.040(e), Government Code, as added by this Act, the attorney general is not required to submit the initial report required by that section before February 1, 2023.

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.