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A BILL TO BE ENTITLED
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AN ACT
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relating to the dissemination of criminal history record |
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information by the Department of Public Safety concerning certain |
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intoxication offenses. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 411.135(a), Government Code, is amended |
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to read as follows: |
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(a) Any person is entitled to obtain from the department: |
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(1) any information described as public information |
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under Chapter 62, Code of Criminal Procedure, including, to the |
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extent available, a recent photograph of each person subject to |
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registration under that chapter; [and] |
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(2) criminal history record information maintained by |
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the department that relates to the conviction of or a grant of |
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deferred adjudication to a person for any criminal offense, |
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including arrest information that relates to the conviction or |
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grant of deferred adjudication; and |
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(3) any information described as public information |
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under Section 411.1356(a). |
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SECTION 2. Subchapter F, Chapter 411, Government Code, is |
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amended by adding Sections 411.1356 and 411.1357 to read as |
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follows: |
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Sec. 411.1356. PUBLIC ACCESS TO CRIMINAL HISTORY RECORD |
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INFORMATION CONCERNING CERTAIN INTOXICATION OFFENSES. (a) |
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Criminal history record information that concerns a person's |
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conviction or placement on deferred adjudication community |
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supervision within the preceding 10-year period for an offense |
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under Section 49.04, 49.045, 49.07, or 49.08, Penal Code, is public |
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information, with the exception of: |
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(1) any information regarding the person's social |
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security number, driver's license or personal identification |
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certificate number, or telephone number; and |
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(2) any information that would identify a victim of |
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the offense. |
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(b) The department shall implement and maintain an Internet |
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website to allow any person, free of charge, to electronically |
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search for and receive information described by Subsection (a). The |
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website must be searchable by zip code, city, county, or the name of |
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the person convicted or placed on deferred adjudication community |
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supervision. The search results must include for each person |
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convicted or placed on deferred adjudication community |
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supervision: |
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(1) the person's full name and last known address; and |
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(2) a recent photograph of the person, if a photograph |
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is available to the department. |
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(c) The department shall remove the criminal history record |
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information concerning a person's conviction or placement on |
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deferred adjudication community supervision for an offense listed |
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in Subsection (a) from the Internet website as soon as practicable |
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after the earliest of: |
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(1) the 10th anniversary of the date of the conviction |
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or placement on deferred adjudication community supervision; |
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(2) the date on which the conviction is reversed on |
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appeal; |
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(3) the date on which an order of nondisclosure of |
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criminal history record information under Subchapter E-1 is issued |
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with respect to the conviction or placement on deferred |
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adjudication community supervision; or |
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(4) the date on which an order of expunction is entered |
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with respect to records and files in the case. |
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Sec. 411.1357. CRIMINAL HISTORY RECORD INFORMATION |
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CONCERNING CERTAIN INTOXICATION OFFENSES PROVIDED TO PEACE OFFICER |
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ON REQUEST. (a) The department shall establish a procedure by |
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which a peace officer or employee of a law enforcement agency who |
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provides the department with a driver's license number, personal |
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identification certificate number, or license plate number may be |
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provided any criminal history record information maintained by the |
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department concerning a conviction or placement on deferred |
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adjudication community supervision of the person to whom the |
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license, certificate, or plate is issued for an offense under |
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Section 49.04, 49.045, 49.07, or 49.08, Penal Code, within the |
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preceding 10-year period. |
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(b) The procedure established under Subsection (a) must |
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allow a peace officer to request the information from the location |
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of a motor vehicle stop and to receive a response to the request |
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within the duration of a reasonable motor vehicle stop. |
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SECTION 3. Not later than August 1, 2024, the Department of |
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Public Safety shall implement the Internet website required under |
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Section 411.1356, Government Code, as added by this Act, and shall |
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make available to a requesting person the information described by |
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Section 411.1356 or 411.1357, Government Code, as added by this |
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Act. |
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SECTION 4. This Act takes effect December 1, 2023. |