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A BILL TO BE ENTITLED
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AN ACT
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relating to a central database containing information about |
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offenders who have committed certain violent offenses. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 411.088(b), Government Code, is amended |
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to read as follows: |
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(b) The department may not charge for processing an |
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electronic inquiry, made through the use of the Internet, for |
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information described as public information under: |
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(1) Section 411.1355; or |
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(2) Article 62.005, Code of Criminal Procedure[, made |
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through the use of the Internet]. |
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SECTION 2. 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 411.1355. |
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SECTION 3. Subchapter F, Chapter 411, Government Code, is |
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amended by adding Section 411.1355 to read as follows: |
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Sec. 411.1355. CENTRAL DATABASE OF OFFENDERS WHO HAVE |
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COMMITTED CERTAIN VIOLENT OFFENSES. (a) The department shall |
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maintain a computerized central database containing information |
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regarding persons who on two or more occasions have been convicted |
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of: |
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(1) an offense under Section 22.01, 22.011, 22.02, or |
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22.021, Penal Code, for which an affirmative finding was made under |
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Article 42.013, Code of Criminal Procedure; |
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(2) an offense under Section 25.11 or 42.072, Penal |
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Code; or |
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(3) any combination of offenses described by |
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Subdivision (1) or (2). |
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(b) The information contained in the database is public |
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information, with the exception of any information: |
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(1) regarding the person's social security number, |
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driver's license number, or telephone number; or |
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(2) that would identify the victim of the offense. |
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(c) The database maintained by the department under this |
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section must contain, to the extent the information is available to |
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the department: |
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(1) the person's full name, each alias used by the |
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person, and the person's date of birth; |
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(2) a physical description and recent photograph of |
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the person; |
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(3) a list of offenses described by Subsection (a) of |
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which the person was convicted, the date of conviction of each |
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offense, and the punishment prescribed for each offense; and |
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(4) an indication as to whether the person was |
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discharged, placed on community supervision, or released on parole |
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or to mandatory supervision following conviction of each offense. |
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(d) The department shall permit a person whose name is |
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included in the database established under this section to petition |
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the department for removal of the person's name from the database, |
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and the department shall remove the person's name from the database |
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in response to the petition if: |
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(1) an order of expunction is issued under Chapter 55, |
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Code of Criminal Procedure, with respect to one of the offenses |
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described by Subsection (a), unless the person has been convicted |
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three or more times of an offense described by that subsection; or |
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(2) during the seven-year period preceding the date of |
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the petition, the person is not convicted of an offense described by |
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Subsection (a). |
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(e) On the Internet website through which a person may |
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search the database described by this section, the department shall |
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include in a prominent location information regarding: |
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(1) the manner in which a person may petition the |
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department for removal of a person's name from the database, |
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including any forms required by the department for the petitions to |
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be used for the purpose; |
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(2) the circumstances under which the department will |
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grant a petition; and |
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(3) contact information for family violence |
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organizations. |
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(f) The department shall consult with a representative of a |
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statewide advocacy organization for issues related to family |
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violence and victim safety regarding implementation of the database |
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and the information required to be included on the database website |
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under Subsection (e)(3). |
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SECTION 4. (a) The central database required by Section |
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411.1355, Government Code, as added by this Act, must be designed |
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and implemented not later than January 1, 2024, and must include the |
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information of offenders to which that section applies, regardless |
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of whether the offenses were committed before, on, or after the |
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effective date of this Act, subject to Subsection (b) of this |
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section. |
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(b) The Department of Public Safety may not include |
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information concerning a person convicted of two or more offenses |
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described by Section 411.1355(a), Government Code, as added by this |
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Act, that were committed before the effective date of this Act if on |
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the date the department implements the database the department |
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would be required to remove the person's name from the database |
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under Subsection (d) of that section in response to a petition filed |
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by the person under that subsection. |
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SECTION 5. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2023. |