88R23104 JCG-F
  By: Neave Criado, Button, Meyer H.B. No. 5202
  Substitute the following for H.B. No. 5202:
  By:  Bowers C.S.H.B. No. 5202
  relating to a central database containing information about
  offenders who have committed certain violent offenses.
         SECTION 1.  Section 411.088(b), Government Code, is amended
  to read as follows:
         (b)  The department may not charge for processing an
  electronic inquiry, made through the use of the Internet, for
  information described as public information under:
               (1)  Section 411.1355; or
               (2)  Article 62.005, Code of Criminal Procedure[, made
  through the use of the Internet].
         SECTION 2.  Section 411.135(a), Government Code, is amended
  to read as follows:
         (a)  Any person is entitled to obtain from the department:
               (1)  any information described as public information
  under Chapter 62, Code of Criminal Procedure, including, to the
  extent available, a recent photograph of each person subject to
  registration under that chapter; [and]
               (2)  criminal history record information maintained by
  the department that relates to the conviction of or a grant of
  deferred adjudication to a person for any criminal offense,
  including arrest information that relates to the conviction or
  grant of deferred adjudication; and
               (3)  any information described as public information
  under Section 411.1355.
         SECTION 3.  Subchapter F, Chapter 411, Government Code, is
  amended by adding Section 411.1355 to read as follows:
  COMMITTED CERTAIN VIOLENT OFFENSES.  (a)  The department shall
  maintain a computerized central database containing information
  regarding persons who on two or more occasions have been convicted
               (1)  an offense under Section 22.01, 22.011, 22.02, or
  22.021, Penal Code, for which an affirmative finding was made under
  Article 42.013, Code of Criminal Procedure;
               (2)  an offense under Section 25.11 or 42.072, Penal
  Code; or
               (3)  any combination of offenses described by
  Subdivision (1) or (2).
         (b)  The information contained in the database is public
  information, with the exception of any information:
               (1)  regarding the person's social security number,
  driver's license number, or telephone number; or
               (2)  that would identify the victim of the offense.
         (c)  The database maintained by the department under this
  section must contain, to the extent the information is available to
  the department:
               (1)  the person's full name, each alias used by the
  person, and the person's date of birth;
               (2)  a physical description and recent photograph of
  the person;
               (3)  a list of offenses described by Subsection (a) of
  which the person was convicted, the date of conviction of each
  offense, and the punishment prescribed for each offense; and
               (4)  an indication as to whether the person was
  discharged, placed on community supervision, or released on parole
  or to mandatory supervision following conviction of each offense.
         (d)  The department shall permit a person whose name is
  included in the database established under this section to petition
  the department for removal of the person's name from the database,
  and the department shall remove the person's name from the database
  in response to the petition if:
               (1)  an order of expunction is issued under Chapter 55,
  Code of Criminal Procedure, with respect to one of the offenses
  described by Subsection (a), unless the person has been convicted
  three or more times of an offense described by that subsection; or
               (2)  during the seven-year period preceding the date of
  the petition, the person is not convicted of an offense described by
  Subsection (a).
         (e)  On the Internet website through which a person may
  search the database described by this section, the department shall
  include in a prominent location information regarding:
               (1)  the manner in which a person may petition the
  department for removal of a person's name from the database,
  including any forms required by the department for the petitions to
  be used for the purpose;
               (2)  the circumstances under which the department will
  grant a petition; and
               (3)  contact information for family violence
         (f)  The department shall consult with a representative of a
  statewide advocacy organization for issues related to family
  violence and victim safety regarding implementation of the database
  and the information required to be included on the database website
  under Subsection (e)(3).
         SECTION 4.  (a)  The central database required by Section
  411.1355, Government Code, as added by this Act, must be designed
  and implemented not later than January 1, 2024, and must include the
  information of offenders to which that section applies, regardless
  of whether the offenses were committed before, on, or after the
  effective date of this Act, subject to Subsection (b) of this
         (b)  The Department of Public Safety may not include
  information concerning a person convicted of two or more offenses
  described by Section 411.1355(a), Government Code, as added by this
  Act, that were committed before the effective date of this Act if on
  the date the department implements the database the department
  would be required to remove the person's name from the database
  under Subsection (d) of that section in response to a petition filed
  by the person under that subsection.
         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, 2023.