Bill Text: TX SB2230 | 2019-2020 | 86th Legislature | Introduced
Bill Title: Relating to a central database containing information about violent offenders.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2019-03-21 - Referred to Criminal Justice [SB2230 Detail]
Download: Texas-2019-SB2230-Introduced.html
86R11028 ADM-D | ||
By: Fallon | S.B. No. 2230 |
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relating to a central database containing information about violent | ||
offenders. | ||
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 community supervision to a person for any | ||
criminal offense, including arrest information that relates to the | ||
conviction or grant of deferred adjudication community | ||
supervision; and | ||
(3) any information described as public information | ||
under Section 411.1355. | ||
SECTION 2. Subchapter F, Chapter 411, Government Code, is | ||
amended by adding Section 411.1355 to read as follows: | ||
Sec. 411.1355. CENTRAL DATABASE OF VIOLENT OFFENDERS. (a) | ||
In this section: | ||
(1) "Internet domain name" has the meaning assigned by | ||
Section 325.002, Business & Commerce Code. | ||
(2) "Local law enforcement authority" has the meaning | ||
assigned by Article 62.001, Code of Criminal Procedure. | ||
(3) "Web page" has the meaning assigned by Section | ||
325.002, Business & Commerce Code. | ||
(b) The department shall maintain a computerized central | ||
database containing information, including address information, | ||
regarding persons who: | ||
(1) have been convicted of or received a grant of | ||
deferred adjudication community supervision for, or have received a | ||
juvenile adjudication or deferral for, an offense: | ||
(A) listed in Article 42A.054(a), Code of | ||
Criminal Procedure; or | ||
(B) for which the judgment contains an | ||
affirmative finding under Article 42A.054(c) or (d), Code of | ||
Criminal Procedure; and | ||
(2) in connection with the conviction, grant, | ||
adjudication, or deferral, were subsequently discharged, paroled, | ||
placed in a nonsecure community program for juvenile offenders, or | ||
placed on juvenile probation, community supervision, or mandatory | ||
supervision. | ||
(c) 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 applicable | ||
offense. | ||
(d) The department, in cooperation with the Board of Pardons | ||
and Paroles, the Texas Department of Criminal Justice, the Texas | ||
Juvenile Justice Department, and the Commission on Jail Standards, | ||
shall by rule design and implement a system for the registration of | ||
persons described by Subsection (b). The system must establish | ||
requirements and procedures for: | ||
(1) an offender to be notified, before the offender's | ||
release, of the offender's duty to register with a local law | ||
enforcement authority; | ||
(2) the offender to register with a local law | ||
enforcement authority: | ||
(A) annually; | ||
(B) every 90 days if the offender is determined | ||
by the department to be high risk because of the offender's status | ||
as a repeat offender or because of the violent nature of the offense | ||
charged; or | ||
(C) every 30 days if the offender does not have a | ||
permanent address; | ||
(3) the offender to register with a local law | ||
enforcement authority not later than five days after the date the | ||
offender changes address; | ||
(4) an offender who operates an online business to: | ||
(A) disclose the name, Internet domain name, and | ||
web page of the business, if applicable, to the local law | ||
enforcement authority with whom the offender registers; and | ||
(B) notify the local law enforcement authority | ||
not later than five days after the date the name, Internet domain | ||
name, or web page of the business changes; | ||
(5) the offender to request and be granted an | ||
exclusion from the database; | ||
(6) the database to track whether an offender is in | ||
compliance with registration requirements and, if an offender is | ||
not in compliance, to make that information available to a person | ||
who requests the information; | ||
(7) a local law enforcement agency to promptly forward | ||
registration information to the department for use in the database; | ||
and | ||
(8) the department to update the database daily. | ||
(e) This section does not apply to a person about whom | ||
information is included in the database maintained under Article | ||
62.005, Code of Criminal Procedure. Procedures relating to the | ||
dissemination of information about those persons and registration | ||
requirements for those persons are as provided by Chapter 62, Code | ||
of Criminal Procedure, and by Section 411.135. | ||
SECTION 3. The central database required by Section | ||
411.1355, Government Code, as added by this Act, must be designed | ||
and implemented not later than March 1, 2020. | ||
SECTION 4. (a) Except as provided by Subsection (b) of this | ||
section, this Act takes effect March 1, 2020. | ||
(b) SECTION 3 of this Act takes effect September 1, 2019. |