H.B. No. 1262




AN ACT
relating to the collection and dissemination by the Department of Public Safety of information relating to certain threats against detention officers. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. The heading to Section 411.048, Government Code, is amended to read as follows: Sec. 411.048. THREATS AGAINST PEACE OFFICERS AND DETENTION OFFICERS. SECTION 2. Sections 411.048(a)-(e) and (h), Government Code, are amended to read as follows: (a) In this section: (1) "Criminal justice agency" has the meaning assigned by Article 60.01, Code of Criminal Procedure. (2) "Peace officer" has the meaning assigned by Section 1.07, Penal Code. (3) "Detention officer" means a person who is employed to ensure the safekeeping of prisoners and the security of a municipal or county jail. (b) The bureau of identification and records shall establish and maintain a central index in the law enforcement information system maintained by the department to: (1) collect and disseminate information relating to an individual's expression of intent to inflict serious bodily injury or death on a peace officer or detention officer; and (2) alert a peace officer or detention officer of an expression of intent to inflict serious bodily injury or death on the officer. (c) A criminal justice agency, after making each determination required under Subsection (d), shall immediately enter into the information system an electronic report of an individual who expresses an intent to inflict serious bodily injury or death on a peace officer or detention officer. The agency shall enter the information in the form and manner provided by rules adopted by the director. (d) Before entering information collected under this section into the information system, a criminal justice agency must determine that the report described by Subsection (c): (1) is not from an anonymous source; and (2) consists of an expression of intent to inflict serious bodily injury or death on a peace officer or detention officer. (e) On proper inquiry into the information system, the department shall disseminate information collected under this section to a criminal justice agency as reasonably necessary to protect the safety of a peace officer or detention officer. The criminal justice agency may use information disseminated under this subsection in the manner provided by rules adopted by the director. (h) A peace officer, detention officer, or criminal justice agency is not liable for an act or omission relating to the collection, use, or dissemination of information collected under this section in accordance with rules adopted by the director. SECTION 3. The heading to Section 552.108, Government Code, is amended to read as follows: Sec. 552.108. EXCEPTION: CERTAIN LAW ENFORCEMENT, CORRECTIONS, AND PROSECUTORIAL INFORMATION. SECTION 4. Section 552.108(a), Government Code, is amended to read as follows: (a) Information held by a law enforcement agency or prosecutor that deals with the detection, investigation, or prosecution of crime is excepted from the requirements of Section 552.021 if: (1) release of the information would interfere with the detection, investigation, or prosecution of crime; (2) it is information that deals with the detection, investigation, or prosecution of crime only in relation to an investigation that did not result in conviction or deferred adjudication; (3) it is information relating to a threat against a peace officer or detention officer collected or disseminated under Section 411.048; or (4) it is information that: (A) is prepared by an attorney representing the state in anticipation of or in the course of preparing for criminal litigation; or (B) reflects the mental impressions or legal reasoning of an attorney representing the state. SECTION 5. This Act takes effect September 1, 2005. ______________________________ ______________________________ President of the Senate Speaker of the House I certify that H.B. No. 1262 was passed by the House on April 19, 2005, by a non-record vote. ______________________________ Chief Clerk of the House I certify that H.B. No. 1262 was passed by the Senate on May 20, 2005, by the following vote: Yeas 31, Nays 0. ______________________________ Secretary of the Senate APPROVED: _____________________ Date _____________________ Governor