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A BILL TO BE ENTITLED
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AN ACT
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relating to the qualifying offenses and related information |
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included in the Department of Public Safety's computerized central |
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database of 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. Sections 411.1355(a) and (c), Government Code, |
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are amended to read as follows: |
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(a) The department shall maintain a computerized central |
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database containing information regarding persons who: |
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(1) on two or more occasions have been convicted of: |
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(A) [(1)] an offense under Section 22.01, |
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22.011, 22.02, or 22.021, Penal Code, for which an affirmative |
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finding was made under Article 42.013, Code of Criminal Procedure; |
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(B) [(2)] an offense under Section 25.11 or |
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42.072, Penal Code; or |
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(C) [(3)] any combination of offenses described |
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by Paragraph (A) or (B); or |
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(2) are unlawfully present in the United States and on |
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two or more occasions have been convicted of an offense under state |
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law, federal law, or the laws of a federally recognized Indian Tribe |
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that has as an element the intentional or knowing use, attempted |
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use, or threatened use of force or deadly force against any person |
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[Subdivision (1) or (2)]. |
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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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and |
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(5) for an individual described by Subsection (a)(2), |
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the last known location of the individual. |
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SECTION 2. (a) Subject to Subsection (b) of this section, |
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the change in law made by this Act applies to an offense committed |
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before, on, or after the effective date of this Act. As soon as |
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practicable after the effective date of this Act, but not later than |
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January 1, 2026, the Department of Public Safety shall include in |
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the database described by Section 411.1355, Government Code, |
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information regarding each person convicted of two or more offenses |
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described by Section 411.1355(a)(2), Government Code, as amended by |
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this Act, committed before the effective date of this Act. |
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(b) The Department of Public Safety may not include in the |
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database described by Section 411.1355, Government Code, |
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information concerning a person convicted of two or more offenses |
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described by Section 411.1355(a)(2), Government Code, as amended by |
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this Act, that were committed before the effective date of this Act |
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if on the effective date of this Act the department would be |
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required to remove the person's name from the database under |
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Section 411.1355(d), Government Code, in response to a petition |
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filed by the person under that subsection. |
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SECTION 3. 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, 2025. |