Bill Text: TX HB3054 | 2015-2016 | 84th Legislature | Introduced
Bill Title: Relating to the dissemination of criminal history record information by the Department of Public Safety concerning the offense of intoxication manslaughter and to a task force to reduce habitual driving while intoxicated.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2015-03-11 - Filed [HB3054 Detail]
Download: Texas-2015-HB3054-Introduced.html
By: Raymond | H.B. No. 3054 |
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relating to the dissemination of criminal history record | ||
information by the Department of Public Safety concerning the | ||
offense of intoxication manslaughter and to a task force to reduce | ||
habitual driving while intoxicated. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. 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; [ |
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(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 411.1356(a). | ||
SECTION 2. Subchapter F, Chapter 411, Government Code, is | ||
amended by adding Sections 411.1356 and 411.1357 to read as | ||
follows: | ||
Sec. 411.1356. PUBLIC ACCESS TO CRIMINAL HISTORY RECORD | ||
INFORMATION CONCERNING OFFENSE OF INTOXICATION MANSLAUGHTER. (a) | ||
Criminal history record information that concerns a person's | ||
conviction within the preceding 10-year period for an offense under | ||
Section 49.08, Penal Code, is public information, with the | ||
exception of: | ||
(1) any information regarding the person's social | ||
security number, driver's license number, or telephone number; and | ||
(2) any information that would identify a victim of | ||
the offense. | ||
(b) The department shall implement and maintain an Internet | ||
website to allow any person, free of charge, to electronically | ||
search for and receive information described by Subsection (a). | ||
The website must be searchable by zip code, city, county, or the | ||
name of the person convicted. The search results must include for | ||
each person convicted: | ||
(1) the person's full name and last known address; and | ||
(2) a recent photograph of the person, if a photograph | ||
is available to the department. | ||
(b-1) The department shall provide written notice to the | ||
convicted person not later than the 10th day after the day on which | ||
the department places the person's name on the Internet website | ||
described by Subsection (b). | ||
(c) The department shall remove the criminal history record | ||
information concerning a person's conviction for an offense under | ||
Section 49.08, Penal Code, from the Internet website as soon as | ||
practicable after the earliest of: | ||
(1) the 10th anniversary of the date of the | ||
conviction; | ||
(2) the date on which the conviction is reversed on | ||
appeal; or | ||
(3) the date on which an order of expunction is entered | ||
with respect to records and files in the case. | ||
Sec. 411.1357. CRIMINAL HISTORY RECORD INFORMATION | ||
CONCERNING OFFENSE OF INTOXICATION MANSLAUGHTER PROVIDED TO PEACE | ||
OFFICER ON REQUEST. (a) The department shall establish a | ||
procedure by which a peace officer or employee of a law enforcement | ||
agency who provides the department with a driver's license number, | ||
personal identification certificate number, or license plate | ||
number may be provided any criminal history record information | ||
maintained by the department concerning a conviction of the person | ||
to whom the license, certificate, or plate is issued for an offense | ||
under Section 49.08, Penal Code, within the preceding 10-year | ||
period. | ||
(b) The procedure established under Subsection (a) must | ||
allow a peace officer to request the information from the location | ||
of a motor vehicle stop and to receive a response to the request | ||
within the duration of a reasonable motor vehicle stop. | ||
SECTION 3. Subtitle B, Title 4, Government Code, is amended | ||
by adding Chapter 424 to read as follows: | ||
CHAPTER 424. TASK FORCE TO REDUCE HABITUAL INCIDENTS OF DRIVING | ||
WHILE INTOXICATED | ||
Sec. 424.001. DEFINITION. In this chapter, "offense | ||
relating to the operating of a motor vehicle while intoxicated" has | ||
the meaning assigned by Section 49.09(c), Penal Code. | ||
Sec. 424.002. TASK FORCE COMPOSITION. The Task Force to | ||
Reduce Habitual Incidents of Driving While Intoxicated is composed | ||
of 12 members appointed as follows: | ||
(1) six members appointed by the governor: | ||
(A) one of whom is a judge from a specialty court; | ||
(B) one of whom has expertise in specialty courts | ||
designed to address addiction; | ||
(C) one of whom has been charged with or | ||
convicted of an offense relating to the operating of a motor vehicle | ||
while intoxicated; | ||
(D) one of whom has been a victim of an offense | ||
relating to the operating of a motor vehicle while intoxicated; | ||
(E) one of whom has expertise in criminal | ||
justice; and | ||
(F) one of whom has expertise in best practice | ||
substance abuse treatment; | ||
(2) three members appointed by the lieutenant | ||
governor: | ||
(A) one of whom is a prosecuting attorney; | ||
(B) one of whom is a public defense attorney; and | ||
(C) one of whom is a university scholar with | ||
expertise in substance abuse treatment; and | ||
(3) three members appointed by the speaker of the | ||
house of representatives: | ||
(A) one of whom is a state representative; | ||
(B) one of whom is a state senator; and | ||
(C) one of whom is appropriately qualified as | ||
determined by the speaker. | ||
Sec. 424.003. APPOINTMENT OF PRESIDING OFFICER. The | ||
governor shall designate a member of the task force to serve as | ||
presiding officer. | ||
Sec. 424.004. DUTIES. (a) The task force shall: | ||
(1) study the best practice responses to habitual | ||
offenses relating to the operating of a motor vehicle while | ||
intoxicated, for purposes of reducing habitual incidents of those | ||
offenses and incidents of driving fatalities among intoxicated | ||
drivers; | ||
(2) examine first-time, repeat, and habitual driving | ||
while intoxicated data collected in this state, including data | ||
relating to: | ||
(A) driving fatalities involving intoxicated | ||
drivers; and | ||
(B) automatic driver's license suspensions by | ||
the Department of Public Safety for convictions of an offense | ||
relating to the operating of a motor vehicle while intoxicated; | ||
(3) monitor other states for laws and programs that | ||
have been successful in reducing the occurrence of offenses | ||
relating to the operating of a motor vehicle while intoxicated in | ||
those states; and | ||
(4) confer with the Texas Department of | ||
Transportation, the Department of Public Safety, the Texas | ||
Department of Criminal Justice, and the Department of State Health | ||
Services to reduce alcoholism, recidivism, and the occurrence of | ||
offenses relating to the operating of a motor vehicle while | ||
intoxicated in this state. | ||
(b) Not later than December 1, 2016, the task force shall | ||
submit a report to the governor, the lieutenant governor, and the | ||
speaker of the house of representatives that: | ||
(1) describes its findings, including the success of | ||
state laws and programs in reducing the occurrence of offenses | ||
relating to the operating of a motor vehicle while intoxicated; | ||
(2) recommends best practice responses to habitual | ||
driving while intoxicated; and | ||
(3) recommends legislation relating to the prevention | ||
of offenses relating to the operating of a motor vehicle while | ||
intoxicated in this state. | ||
(c) The Texas Legislative Council and the Legislative | ||
Budget Board shall assist the task force in performing its duties. | ||
Sec. 424.005. EXPIRATION. The task force is abolished and | ||
this chapter expires January 1, 2017. | ||
SECTION 4. Not later than May 1, 2016, the Department of | ||
Public Safety shall implement the Internet website required under | ||
Section 411.1356, Government Code, as added by this Act, and shall | ||
make available to a requesting person the information described by | ||
Section 411.1356 or 411.1357, Government Code, as added by this | ||
Act. | ||
SECTION 5. The governor, lieutenant governor, and speaker | ||
of the house of representatives shall make the appointments to the | ||
Task Force to Reduce Habitual Incidents of Driving While | ||
Intoxicated required by Chapter 424, Government Code, as added by | ||
this Act, as soon as practicable after the effective date of this | ||
Act. | ||
SECTION 6. This Act takes effect September 1, 2015. |