|
AN ACT
|
|
relating to the collection and analysis of information relating to |
|
certain sexual offenses. |
|
�������BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
�������SECTION�1.��Section 411.042, Government Code, is amended by |
|
amending Subsections (b) and (g) and adding Subsections (h) and (i) |
|
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 [those] offenses in |
|
which family violence was involved and a statistical breakdown of |
|
offenses under Sections 22.011 and 22.021, 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; and |
|
�������������(6)��collect information concerning the number and |
|
nature of protective orders and all other pertinent information |
|
about all persons on active protective orders. Information in the |
|
law enforcement information system relating to an active protective |
|
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, unless that |
|
information is excluded from the order under Section 85.007, Family |
|
Code; |
|
�������������������(E)��the child-care facility or school where a |
|
child protected by the order normally resides or which the child |
|
normally attends, unless that information is excluded from the |
|
order under Section 85.007, Family Code; |
|
�������������������(F)��the relationship or former relationship |
|
between the person who is protected by the order and the person to |
|
whom the order is directed; and |
|
�������������������(G)��the date the order expires. |
|
�������(g)��The department may adopt reasonable rules under this |
|
section relating to: |
|
�������������(1)��law enforcement information systems maintained by |
|
the department; |
|
�������������(2)��the collection, maintenance, and correction of |
|
records; |
|
�������������(3)��reports of criminal history information submitted |
|
to the department; [and] |
|
�������������(4)��active protective orders issued under Title 4� |
|
[Chapter 71], Family Code, and reporting procedures that ensure |
|
that information relating to the issuance of an active protective |
|
order and to the dismissal of an active protective order is reported |
|
to the local law enforcement agency at the time of the order's |
|
issuance or dismissal and entered by the local law enforcement |
|
agency in the state's law enforcement information system; and |
|
�������������(5)��the collection of information described by |
|
Subsection (h). |
|
�������(h)��Information collected to perform a statistical |
|
breakdown of offenses under Sections 22.011 and 22.021, Penal Code, |
|
as required by Subsection (b)(2) must include information |
|
indicating the specific offense committed and information |
|
regarding: |
|
�������������(1)��the victim; |
|
�������������(2)��the offender and the offender's relationship to |
|
the victim; |
|
�������������(3)��any weapons used or exhibited in the commission of |
|
the offense; and |
|
�������������(4)��any injuries sustained by the victim. |
|
�������(i)��A law enforcement agency shall report offenses under |
|
Section 22.011 or 22.021, Penal Code, to the department in the form |
|
and manner and at regular intervals as prescribed by rules adopted |
|
by the department. The report must include the information |
|
described by Subsection (h). |
|
�������SECTION�2.��In consultation with statewide, nonprofit sexual |
|
assault programs, the Department of Public Safety of the State of |
|
Texas shall establish the rules and procedures necessary to comply |
|
with Section 411.042, Government Code, as amended by this Act, not |
|
later than October 1, 2007. |
|
�������SECTION�3.��This Act takes effect September 1, 2007. |
|
|
|
____________________________________________________________ |
|
���President of the SenateSpeaker of the House������ |
|
�������I certify that H.B. No. 76 was passed by the House on March |
|
14, 2007, by the following vote:��Yeas 145, Nays 0, 1 present, not |
|
voting; and that the House concurred in Senate amendments to H.B. |
|
No. 76 on May 1, 2007, by the following vote:��Yeas 142, Nays 0, 2 |
|
present, not voting. |
|
|
|
______________________________ |
|
Chief Clerk of the House��� |
|
�������I certify that H.B. No. 76 was passed by the Senate, with |
|
�������I certify that H.B. No. 76 was passed by the Senate, with |
|
amendments, on April 26, 2007, by the following vote:��Yeas 31, |
|
Nays 0. |
|
|
|
______________________________ |
|
Secretary of the Senate��� |
|
APPROVED: __________________ |
|
APPROVED: __________________ |
|
����������������Date������� |
|
� |
|
� |
|
�������� __________________ |
|
��������������Governor������� |