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A BILL TO BE ENTITLED
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AN ACT
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relating to access to criminal history record information by county |
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offices providing pretrial release services. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 411.083(b) and (c), Government Code, |
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are amended to read as follows: |
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(b) The department shall grant access to criminal history |
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record information to: |
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(1) criminal justice agencies; |
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(2) noncriminal justice agencies authorized by |
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federal statute or executive order or by state statute to receive |
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criminal history record information; |
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(3) the person who is the subject of the criminal |
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history record information; |
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(4) a person working on a research or statistical |
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project that: |
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(A) is funded in whole or in part by state funds; |
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or |
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(B) meets the requirements of Part 22, Title 28, |
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Code of Federal Regulations, and is approved by the department; |
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(5) an individual or an agency that has a specific |
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agreement with a criminal justice agency to provide services |
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required for the administration of criminal justice under that |
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agreement, if the agreement: |
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(A) specifically authorizes access to |
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information; |
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(B) limits the use of information to the purposes |
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for which it is given; |
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(C) ensures the security and confidentiality of |
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the information; |
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(D) provides for sanctions if a requirement |
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imposed under Paragraph (A), (B), or (C) is violated; and |
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(E) requires the individual or agency to perform |
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the applicable services in a manner prescribed by the department; |
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(6) an individual or an agency that has a specific |
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agreement with a noncriminal justice agency to provide services |
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related to the use of criminal history record information |
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disseminated under this subchapter, if the agreement: |
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(A) specifically authorizes access to |
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information; |
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(B) limits the use of information to the purposes |
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for which it is given; |
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(C) ensures the security and confidentiality of |
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the information; |
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(D) provides for sanctions if a requirement |
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imposed under Paragraph (A), (B), or (C) is violated; and |
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(E) requires the individual or agency to perform |
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the applicable services in a manner prescribed by the department; |
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(7) a county or district clerk's office; [and] |
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(8) a county office monitoring the pretrial release of |
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a defendant, including: |
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(A) a community supervision and corrections |
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department established for one or more counties under Chapter 76; |
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or |
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(B) a personal bond office established for one or |
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more counties under Article 17.42, Code of Criminal Procedure; and |
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(9) the Office of Court Administration of the Texas |
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Judicial System. |
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(c) The department may disseminate criminal history record |
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information under Subsection (b)(1) only for a criminal justice |
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purpose. The department may disseminate criminal history record |
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information under Subsection (b)(2) only for a purpose specified in |
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the statute or order. The department may disseminate criminal |
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history record information under Subsection (b)(4), (5), or (6) |
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only for a purpose approved by the department and only under rules |
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adopted by the department. The department may disseminate criminal |
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history record information under Subsection (b)(7) only to the |
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extent necessary for a county or district clerk to perform a duty |
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imposed by law to collect and report criminal court disposition |
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information. Criminal history record information disseminated to a |
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clerk under Subsection (b)(7) may be used by the clerk only to |
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ensure that information reported by the clerk to the department is |
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accurate and complete. The dissemination of information to a clerk |
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under Subsection (b)(7) does not affect the authority of the clerk |
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to disclose or use information submitted by the clerk to the |
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department. The department may disseminate criminal history record |
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information under Subsection (b)(8) only to the extent necessary |
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for a county office to perform a duty imposed by law to monitor the |
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pretrial release of a defendant. The department may disseminate |
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criminal history record information under Subsection (b)(9) |
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[(b)(8)] only to the extent necessary for the office of court |
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administration to perform a duty imposed by law, including the |
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development and maintenance of the public safety report system as |
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required by Article 17.021, Code of Criminal Procedure, or to |
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compile court statistics or prepare reports. The office of court |
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administration may disclose criminal history record information |
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obtained from the department under Subsection (b)(9) [(b)(8)]: |
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(1) in a public safety report prepared under Article |
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17.022, Code of Criminal Procedure; or |
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(2) in a statistic compiled by the office or a report |
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prepared by the office, but only in a manner that does not identify |
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the person who is the subject of the information. |
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SECTION 2. This Act takes effect September 1, 2023. |