Bill Text: TX HB3637 | 2019-2020 | 86th Legislature | Comm Sub
Bill Title: Relating to the confidentiality of certain personal information of a person protected by a magistrate's order for emergency protection.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2019-05-03 - Laid on the table subject to call [HB3637 Detail]
Download: Texas-2019-HB3637-Comm_Sub.html
86R19908 MEW-F | |||
By: Guillen | H.B. No. 3637 | ||
Substitute the following for H.B. No. 3637: | |||
By: Moody | C.S.H.B. No. 3637 |
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relating to the confidentiality of certain personal information of | ||
a person protected by a magistrate's order for emergency | ||
protection. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Chapter 17, Code of Criminal Procedure, is | ||
amended by adding Article 17.294 to read as follows: | ||
Art. 17.294. CONFIDENTIALITY OF CERTAIN INFORMATION IN | ||
ORDER FOR EMERGENCY PROTECTION. On request by a person protected by | ||
an order for emergency protection issued under Article 17.292, or | ||
if determined necessary by the magistrate, the court issuing the | ||
order may protect the person's mailing address by rendering an | ||
order: | ||
(1) requiring the person protected under the order to: | ||
(A) disclose the person's mailing address to the | ||
court; | ||
(B) designate another person to receive on behalf | ||
of the person any notice or documents filed with the court related | ||
to the order; and | ||
(C) disclose the designated person's mailing | ||
address to the court; | ||
(2) requiring the court clerk to: | ||
(A) strike the mailing address of the person | ||
protected by the order from the public records of the court, if | ||
applicable; and | ||
(B) maintain a confidential record of the mailing | ||
address for use only by: | ||
(i) the court; or | ||
(ii) a law enforcement agency for purposes | ||
of entering the information required by Section 411.042(b)(6), | ||
Government Code, into the statewide law enforcement information | ||
system maintained by the Department of Public Safety; and | ||
(3) prohibiting the release of the information to the | ||
defendant. | ||
SECTION 2. Section 411.042(b), Government Code, is amended | ||
to read as follows: | ||
(b) The bureau of identification and records shall: | ||
(1) procure and file for record photographs, pictures, | ||
descriptions, fingerprints, measurements, and other pertinent | ||
information of all persons arrested for or charged with a criminal | ||
offense or convicted of a criminal offense, regardless of whether | ||
the conviction is probated; | ||
(2) collect information concerning the number and | ||
nature of offenses reported or known to have been committed in the | ||
state and the legal steps taken in connection with the offenses, and | ||
other information useful in the study of crime and the | ||
administration of justice, including information that enables the | ||
bureau to create a statistical breakdown of: | ||
(A) offenses in which family violence was | ||
involved; | ||
(B) offenses under Sections 22.011 and 22.021, | ||
Penal Code; and | ||
(C) offenses under Sections 20A.02, 43.02(a), | ||
43.02(b), 43.03, and 43.05, Penal Code; | ||
(3) make ballistic tests of bullets and firearms and | ||
chemical analyses of bloodstains, cloth, materials, and other | ||
substances for law enforcement officers of the state; | ||
(4) cooperate with identification and crime records | ||
bureaus in other states and the United States Department of | ||
Justice; | ||
(5) maintain a list of all previous background checks | ||
for applicants for any position regulated under Chapter 1702, | ||
Occupations Code, who have undergone a criminal history background | ||
check under Section 411.119, if the check indicates a Class B | ||
misdemeanor or equivalent offense or a greater offense; | ||
(6) collect information concerning the number and | ||
nature of protective orders and magistrate's orders of emergency | ||
protection and all other pertinent information about all persons | ||
subject to active orders, including pertinent information about | ||
persons subject to conditions of bond imposed for the protection of | ||
the victim in any family violence, sexual assault or abuse, | ||
stalking, or trafficking case. Information in the law enforcement | ||
information system relating to an active order shall include: | ||
(A) the name, sex, race, date of birth, personal | ||
descriptors, address, and county of residence of the person to whom | ||
the order is directed; | ||
(B) any known identifying number of the person to | ||
whom the order is directed, including the person's social security | ||
number or driver's license number; | ||
(C) the name and county of residence of the | ||
person protected by the order; | ||
(D) the residence address and place of employment | ||
or business of the person protected by the order[ |
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(E) the child-care facility or school where a | ||
child protected by the order normally resides or which the child | ||
normally attends[ |
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(F) the relationship or former relationship | ||
between the person who is protected by the order and the person to | ||
whom the order is directed; | ||
(G) the conditions of bond imposed on the person | ||
to whom the order is directed, if any, for the protection of a | ||
victim in any family violence, sexual assault or abuse, stalking, | ||
or trafficking case; | ||
(H) any minimum distance the person subject to | ||
the order is required to maintain from the protected places or | ||
persons; and | ||
(I) the date the order expires; | ||
(7) grant access to criminal history record | ||
information in the manner authorized under Subchapter F; | ||
(8) collect and disseminate information regarding | ||
offenders with mental impairments in compliance with Chapter 614, | ||
Health and Safety Code; and | ||
(9) record data and maintain a state database for a | ||
computerized criminal history record system and computerized | ||
juvenile justice information system that serves: | ||
(A) as the record creation point for criminal | ||
history record information and juvenile justice information | ||
maintained by the state; and | ||
(B) as the control terminal for the entry of | ||
records, in accordance with federal law and regulations, federal | ||
executive orders, and federal policy, into the federal database | ||
maintained by the Federal Bureau of Investigation. | ||
SECTION 3. The changes in law made by this Act apply only to | ||
a magistrate's order for emergency protection issued on or after | ||
the effective date of this Act. An order issued before the | ||
effective date of this Act is governed by the law in effect on the | ||
date the order was issued, and the former law is continued in effect | ||
for that purpose. | ||
SECTION 4. This Act takes effect September 1, 2019. |