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A BILL TO BE ENTITLED
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AN ACT
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relating to a central database containing information about certain |
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persons who have been convicted of or received a grant of deferred |
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adjudication for certain offenses involving animal cruelty; |
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providing a criminal penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Title 1, Code of Criminal Procedure, is amended |
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by adding Chapter 61A to read as follows: |
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CHAPTER 61A. ANIMAL CRUELTY REGISTRATION PROGRAM |
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Art. 61A.01. DEFINITIONS. In this chapter: |
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(1) "Department" means the Department of Public Safety |
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of the State of Texas. |
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(2) "Local law enforcement authority" and "penal |
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institution" have the meanings assigned by Article 62.001. |
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Art. 61A.02. CENTRAL DATABASE; PUBLIC INFORMATION. (a) To |
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the extent that funding is available under Article 61A.07, the |
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department shall establish and maintain a computerized central |
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database containing information regarding persons who: |
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(1) have been convicted of or received a grant of |
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deferred adjudication for one or more felony offenses under Section |
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42.092 or 42.10, Penal Code; and |
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(2) were 17 years of age or older at the time of the |
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offense. |
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(b) If a computerized central database is established by the |
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department under Subsection (a), a person described by that |
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subsection shall register as required by this chapter until the |
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10th anniversary of the date the person was last convicted of or |
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received a grant of deferred adjudication for an offense described |
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by Subsection (a)(1). |
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(c) The information contained in the database is public |
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information, with the exception of any information regarding the |
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person's social security number, driver's license number, or |
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telephone number. |
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(d) The department shall publish on its Internet website all |
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public information contained in the database. |
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(e) To the extent that funding is available under Article |
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61A.07, the department, in cooperation with the Board of Pardons |
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and Paroles, the Texas Department of Criminal Justice, and the |
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Commission on Jail Standards, by rule shall design and implement a |
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system for the registration of persons described by Subsection (a). |
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The system must establish requirements and procedures for: |
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(1) a person described by Subsection (a) to be |
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notified, before the person's discharge or release, of the person's |
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duty to register with a local law enforcement authority for the |
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period required by Subsection (b); |
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(2) the person to register or verify registration with |
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a local law enforcement authority: |
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(A) annually; |
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(B) every 90 days if the person is determined by |
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the department to be high risk because of the person's status as a |
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repeat offender; or |
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(C) every 30 days if the person does not have a |
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permanent address; |
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(3) the person to register with a local law |
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enforcement authority not later than five days after the date the |
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person changes address; |
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(4) the database to track whether a person described |
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by Subsection (a) is in compliance with registration requirements |
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and, if the person is not in compliance, to make that information |
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available to other persons requesting the information; |
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(5) a local law enforcement authority to promptly |
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forward registration information to the department for use in the |
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database; |
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(6) the database to track whether a person described |
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by Subsection (a) is attending or is planning to attend a public or |
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private institution of higher education and, if so, the department |
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to promptly forward that information to the applicable institution |
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of higher education; |
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(7) the inclusion in the database and on the |
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department's Internet website of a recent photograph of the person, |
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updated annually; and |
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(8) the department to update the database daily. |
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Art. 61A.03. INFORMATION PROVIDED TO PEACE OFFICER ON |
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REQUEST. The department shall establish a procedure by which a |
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peace officer or employee of a law enforcement agency who provides |
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the department with a driver's license number, personal |
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identification certificate number, or license plate number is |
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automatically provided information as to whether the person to whom |
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the driver's license or personal identification certificate is |
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issued is required to register under this chapter or whether the |
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license plate number is entered in the computerized central |
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database under Article 61A.02 as assigned to a vehicle owned or |
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driven by a person required to register under this chapter. |
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Art. 61A.04. IMMUNITY FOR RELEASE OF PUBLIC INFORMATION. |
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(a) The department, a penal institution, or a local law enforcement |
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authority may release to the public information regarding a person |
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required to register under this chapter only if the information is |
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public information under Article 61A.02(c). |
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(b) An individual, agency, entity, or authority is not |
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liable under Chapter 101, Civil Practice and Remedies Code, or any |
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other law for damages arising from conduct authorized by Subsection |
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(a). |
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(c) For purposes of determining liability, the release or |
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withholding of information by an appointed or elected officer of an |
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agency, entity, or authority is a discretionary act. |
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(d) A public or private institution of higher education or |
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administrator of a public or private institution of higher |
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education may release to the public information regarding a person |
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required to register under this chapter only if the information is |
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public information under Article 61A.02(c) and is released to the |
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administrator under Article 61A.02. A public or private |
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institution of higher education or administrator of a public or |
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private institution of higher education is not liable under any law |
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for damages arising from conduct authorized by this subsection. |
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Art. 61A.05. EXEMPTION FROM REGISTRATION FOR CERTAIN ANIMAL |
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CRUELTY OFFENDERS. (a) A person required to register under this |
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chapter may petition the court having jurisdiction over the case |
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for an order exempting the person from registration under this |
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chapter at any time after the person's sentencing or after the |
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person is placed on deferred adjudication. |
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(b) After a hearing on the petition described by Subsection |
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(a), the court may issue an order exempting the person from |
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registration under this chapter if the court finds that an |
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exemption would be in the best interest of justice. |
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(c) An order exempting the person from registration under |
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this chapter does not expire, except that the court may withdraw the |
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order if after the order is issued the person receives another |
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conviction or a grant of deferred adjudication for a misdemeanor or |
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felony offense under Section 42.092 or 42.10, Penal Code. |
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Art. 61A.06. FAILURE TO COMPLY WITH REGISTRATION |
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REQUIREMENTS. (a) A person commits an offense if the person is |
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required to register and fails to comply with any requirement of |
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this chapter. |
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(b) An offense under this article is a Class B misdemeanor. |
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Art. 61A.07. FUNDING. The department may solicit and |
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accept a gift, grant, or donation from any source, including a |
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foundation, private entity, governmental entity, or institution of |
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higher education, for the establishment and maintenance of the |
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computerized central database described by this chapter and the |
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implementation of a related system of registration under this |
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chapter. The department shall establish and maintain the database |
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and implement the registration system only if sufficient funds are |
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available under this article for those purposes. |
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SECTION 2. Section 411.135(a), Government Code, is amended |
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to read as follows: |
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(a) Any person is entitled to obtain from the department: |
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(1) any information described as public information |
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under Chapter 61A or 62, Code of Criminal Procedure, [as added by
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Chapter 668, Acts of the 75th Legislature, Regular Session, 1997,] |
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including, to the extent available, a recent photograph of each |
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person subject to registration under Chapter 61A or 62 [that
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chapter]; and |
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(2) criminal history record information maintained by |
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the department that relates to the conviction of or a grant of |
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deferred adjudication to a person for any criminal offense, |
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including arrest information that relates to the conviction or |
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grant of deferred adjudication. |
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SECTION 3. (a) Chapter 61A, Code of Criminal Procedure, as |
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added by this Act, applies only to a person who is convicted of or |
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receives a grant of deferred adjudication for an offense on or after |
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September 1, 2002. |
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(b) As soon as practicable after sufficient funding becomes |
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available under Article 61A.07, Code of Criminal Procedure, as |
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added by this Act: |
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(1) the Department of Public Safety of the State of |
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Texas shall establish the requirements and procedures required by |
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Articles 61A.02(e) and 61A.03, Code of Criminal Procedure, as added |
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by this Act; and |
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(2) the central database required by Chapter 61A, Code |
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of Criminal Procedure, as added by this Act, must be designed and |
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implemented. |
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SECTION 4. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2011. |