HB2956 - Relating to a central database containing information about certain persons who have been convicted of or received a grant of deferred adjudication community supervision for certain offenses involving family violence and related notice requirements; creating a criminal offense.

  89R11272 CJD-D     By: McLaughlin H.B. No. 2956       A BILL TO BE ENTITLED   AN ACT   relating to a central database containing information about certain   persons who have been convicted of or received a grant of deferred   adjudication community supervision for certain offenses involving   family violence and related notice requirements; creating a   criminal offense.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Title 1, Code of Criminal Procedure, is amended   by adding Chapter 61 to read as follows:   CHAPTER 61.   FAMILY VIOLENCE REGISTRATION PROGRAM           Art. 61.01.  DEFINITIONS.  In this chapter:                 (1)     "Department"   means the Department of Public   Safety.                 (2)     "Local law enforcement authority" has the meaning   assigned by Article 62.001.                 (3)     "Offense involving family violence" means an   offense:                       (A)     for which an affirmative finding of family   violence was made under Article 42.013;                       (B)  under Section 25.11, Penal Code;                       (C)     under Title 5, Penal Code, if the offense is   committed against a person whose relationship to or association   with the defendant is described by Section 71.0021(b), 71.003, or   71.005, Family Code; or                       (D)     under Section 25.07 or 25.072, Penal Code, if   the violation that is an element of the offense occurred through the   commission of an offense described by Paragraph (C).           Art.   61.02.     CENTRAL DATABASE.   (a)   To the extent that   funding is available under Article 61.08, the department shall   establish and maintain a computerized central database containing   information regarding persons who:                 (1)     have been convicted of or received a grant of   deferred adjudication community supervision for one or more   offenses involving family violence; and                 (2)     were 17 years of age or older at the time of the   offense.           (b)     If a computerized central database is established by the   department under Subsection (a), a person described by that   subsection shall register as required by this chapter until the   10th anniversary of the date the person was last convicted of or   received a grant of deferred adjudication community supervision for   an offense involving family violence.           (c)     To the extent that funding is available under Article   61.08, the department, in cooperation with the Board of Pardons and   Paroles, the Texas Department of Criminal Justice, and the   Commission on Jail Standards, by rule shall design and implement a   system for the registration of persons described by Subsection (a).     The system must include requirements and procedures for:                 (1)     a person described by Subsection (a) to be   notified, before the person's discharge or release, of the person's   duty to register with a local law enforcement authority for the   period required by Subsection (b);                 (2)     the person to register or verify registration with   a local law enforcement authority:                       (A)  annually;                       (B)     every 90 days if the person is determined by   the department to be high risk because of the person's status as a   repeat offender; or                       (C)     every 30 days if the person does not have a   permanent address;                 (3)     the person to register with a local law   enforcement authority not later than five days after the date of a   change in the person's address;                 (4)     the database to track whether a person described   by Subsection (a) is in compliance with registration requirements;                 (5)     a local law enforcement authority to promptly   forward registration information to the department for use in the   database;                 (6)     the database to track whether a person described   by Subsection (a) is attending or is planning to attend a public or   private institution of higher education and, if so, the department   to promptly forward that information to the applicable institution   of higher education;                 (7)     the inclusion in the database and on the   department's Internet website of a recent photograph of the person,   updated annually; and                 (8)  the department to update the database daily.           (d)     The department shall publish on its Internet website all   public information contained in the database.           Art.   61.03. PUBLIC INFORMATION. The information contained   in the computerized central database under this chapter is public   information, with the exception of any information:                 (1)     regarding the person's social security number or   driver's license number, or any home, work, or cellular telephone   number of the person;                 (2)     regarding an employer's name, address, or   telephone number; or                 (3)     that would identify the victim of an offense for   which the person is subject to registration.           Art.   61.04.     PUBLIC NOTICE REQUIRED. (a) On notice by a   local law enforcement authority of the registration of a person   under this chapter or the person's change of address, the   department shall, not later than the 10th day after the date on   which the department received notice, provide written notice mailed   or delivered to at least each address, other than a post office box,   within a one-mile radius, in an area that has not been subdivided,   or a three-block area, in an area that has been subdivided, of the   place where the person resides. In providing written notice under   this subsection, the department shall use employees of the   department whose duties in providing the notice are in addition to   the employees' regular duties.           (b)     The department shall provide the notice in English and   Spanish and shall include in the notice any information that is   public information under this chapter. The department may not   include any information that is not public information under this   chapter.           (c)     The department shall establish procedures for a person   with respect to whom notice is provided under Subsection (a) to pay   to the department all costs incurred by the department in providing   the notice. The person shall pay those costs in accordance with the   procedures established under this subsection.           (d)     On registration by a person subject to registration   under this chapter, a local law enforcement authority may provide   notice to the public in any manner determined appropriate by the   local law enforcement authority, including publishing notice in a   newspaper or other periodical or circular in circulation in the   area where the person resides, holding a neighborhood meeting,   posting notices in the area where the person resides, distributing   printed notices to area residents, or establishing a specialized   local website. The local law enforcement authority may include in   the notice only information that is public information under this   chapter.           (e)     An owner, builder, seller, or lessor of a single-family   residential real property or any improvement to residential real   property or that person's broker, salesperson, or other agent or   representative in a residential real estate transaction does not   have a duty to make a disclosure to a prospective buyer or lessee   about registrants under this chapter.           Art.   61.05.     INFORMATION PROVIDED TO LAW ENFORCEMENT ON   REQUEST. The department shall establish a procedure by which a   peace officer or an employee of a local law enforcement authority   who provides the department with a driver's license number,   personal identification certificate number, or license plate   number is automatically provided information as to whether the   person to whom the driver's license or personal identification   certificate is issued is required to register under this chapter or   whether the license plate number is assigned to a vehicle owned or   driven by a person required to register under this chapter.           Art.   61.06.     EXEMPTION FROM REGISTRATION FOR CERTAIN FAMILY   VIOLENCE OFFENDERS.   (a)   A person required to register under this   chapter may petition the court having jurisdiction over the case   for an order exempting the person from registration under this   chapter at any time after the person's sentencing or after the   person is placed on deferred adjudication community supervision.           (b)     After a hearing on the petition described by Subsection   (a), the court may issue an order exempting the person from   registration under this chapter if the court finds that an   exemption would be in the best interest of justice.           (c)     An order exempting the person from registration under   this chapter does not expire, except that the court may withdraw the   order if after the order is issued the person receives another   conviction or a grant of deferred adjudication community   supervision for an offense involving family violence.           Art.   61.07.     FAILURE TO COMPLY WITH REGISTRATION   REQUIREMENTS; OFFENSE. (a) A person commits an offense if the   person is required to register and fails to comply with any   requirement of this chapter.           (b)  An offense under this article is a Class C misdemeanor.           Art.   61.08.     FUNDING. The department may solicit and accept   a gift, grant, or donation from any source, including a foundation,   private entity, governmental entity, or institution of higher   education, for the establishment and maintenance of the   computerized central database described by this chapter and the   implementation of a related system of registration under this   chapter. The department shall establish and maintain the database   and implement the registration system only if sufficient funds are   available under this article for those purposes.          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 61 or  62, Code of Criminal Procedure, including, to   the extent available, a recent photograph of each person subject to   registration under Chapter 61 or 62  [ that chapter ];                (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           &#x [Text truncated for display. Full text available on Congress.gov.]