84R23228 KJE-D
	By: Farrar	H.B. No. 1525
	Substitute the following for H.B. No. 1525:
	By:  Phillips	C.S.H.B. No. 1525

	A BILL TO BE ENTITLED
	AN ACT
	relating to the collection and reporting of information relating to
	certain offenses involving family violence.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Sections 411.042(b), (h), and (i), Government
	Code, are 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, including offenses:
	(i)  for which an affirmative finding of
	family violence was made under Article 42.013, Code of Criminal
	Procedure;
	(ii)  under Section 25.07 or 25.072, Penal
	Code, if the offense is based on a violation of an order or a
	condition of bond in a case involving family violence; and
	(iii)  under Section 25.11, Penal Code;
	(B)  offenses under Sections 22.011 and 22.021,
	Penal Code; and
	(C)  offenses under Sections 20A.02 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 all other pertinent information
	about all persons on active protective 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, or stalking case.  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;
	(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, or stalking
	case; and
	(H)  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.
	(h)  Information collected to perform a statistical
	breakdown of offenses in which family violence was involved and
	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)  each [the] victim;
	(2)  the offender and the offender's relationship to
	each [the] victim;
	(3)  any weapons used or exhibited in the commission of
	the offense; [and]
	(4)  any injuries sustained by each [the] victim,
	including whether the victim died as a result of the offense; and
	(5)  the law enforcement agency or other governmental
	entity that reported the offense to the department.
	(i)  A law enforcement agency shall report offenses in which
	family violence was involved and 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.  Subchapter D, Chapter 411, Government Code, is
	amended by adding Section 411.0491 to read as follows:
	Sec. 411.0491.  REPORT RELATED TO CERTAIN OFFENSES INVOLVING
	FAMILY VIOLENCE. (a) In this section, "offense involving family
	violence" means an offense:
	(1)  for which an affirmative finding of family
	violence was made under Article 42.013, Code of Criminal Procedure;
	(2)  under Section 25.07, Penal Code (Violation of
	Certain Court Orders or Conditions of Bond in a Family Violence,
	Sexual Assault or Abuse, or Stalking Case), or Section 25.072,
	Penal Code (Repeated Violation of Certain Court Orders or
	Conditions of Bond in Family Violence Case), if the offense is based
	on a violation of an order or a condition of bond in a case involving
	family violence; or
	(3)  under Section 25.11, Penal Code (Continuous
	Violence Against the Family).
	(b)  The department shall compile and maintain statistical
	information on offenses involving family violence, including:
	(1)  the number of convictions, disaggregated by
	offense; and
	(2)  the number of convictions of offenders who had
	been previously convicted of an offense involving family violence.
	(c)  The department by rule shall identify the governmental
	entities that possess information required by Subsection (b). A
	governmental entity identified by the department under this
	subsection shall report the information to the department in the
	manner prescribed by the department.
	(d)  The department shall identify governmental entities
	required to report under Subsection (c) that fail to timely report
	or that report incomplete information to the department.
	(e)  Not later than February 15 of each year, the department
	shall submit to the legislature and post on the department's
	Internet website a report of the statistical information described
	in Subsection (b) that was compiled for the preceding calendar
	year.  The report must include a list of the governmental entities
	identified by the department under Subsection (d).
	(f)  The department may adopt rules as necessary to implement
	this section. In adopting rules under this subsection, the
	department may consult with a statewide family violence advocacy
	organization and a statewide sexual assault advocacy organization.
	SECTION 3.  (a)  The changes in law made by this Act to
	Section 411.042, Government Code, apply beginning January 1, 2017.
	(b)  Notwithstanding Section 411.0491(e), Government Code,
	as added by this Act, the Department of Public Safety is required to
	submit the initial report required by that section not later than
	February 15, 2017.
	SECTION 4.  This Act takes effect immediately if it receives
	a vote of two-thirds of all the members elected to each house, as
	provided by Section 39, Article III, Texas Constitution.  If this
	Act does not receive the vote necessary for immediate effect, this
	Act takes effect September 1, 2015.