By: Villalba, Alvarado, Morrison,	H.B. No. 525
	Thompson of Harris, et al.

	A BILL TO BE ENTITLED
	AN ACT
	relating to databases that contain information regarding certain
	violent offenses or filed protective orders.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Article 42.015(a), Code of Criminal Procedure,
	is amended to read as follows:
	(a)  In the trial of an offense under Title 5 [Section 20.02,
	20.03, or 20.04], Penal Code, or an attempt, conspiracy, or
	solicitation to commit one of those offenses, the judge shall make
	an affirmative finding of fact and enter the affirmative finding in
	the judgment in the case if the judge determines that the victim or
	intended victim was younger than 17 years of age at the time of the
	offense.
	SECTION 2.  Chapter 72, Government Code, is amended by
	adding Subchapter G to read as follows:
	SUBCHAPTER G. PROTECTIVE ORDER DATABASE
	Sec. 72.201.  If funds are provided by grants offered by the
	Criminal Justice Division in the Office of the Governor, the Office
	of Court Administration, in cooperation with the Department of
	Public Safety and the courts of this state, shall work to establish
	a protective order database that contains information for a
	protective order filed under Chapter 82, Family Code, or Article
	17.292, Code of Criminal Procedure, and a protective order issued
	under Chapter 83 or 85, Family Code, or Article 17.292, Code of
	Criminal Procedure.
	Sec. 72.202.  (a) The database shall include both a portal
	for governmental entities and a portal for the public.
	(b)  A publicly accessible database must consist of:
	(1)  the court that issued the protective order;
	(2)  the case number;
	(3)  the full name, county of residence, birth year,
	and race or ethnicity of the person who is the subject of the
	protective order;
	(4)  the dates the protective order was issued and
	served;
	(5)  the date the protective order was vacated, if
	applicable; and
	(6)  the date the protective order expires.
	(c)  Information for governmental entities shall include all
	information in the application and may only be viewed by officers of
	the court and their staff, a district attorney, criminal district
	attorney, county attorney, the Title IV-D agency, an entity that
	receives federal domestic violence funds, or a licensed peace
	officer, all during the course of normal business.
	SECTION 3.  Section 411.088(b), Government Code, is amended
	to read as follows:
	(b)  The department may not charge for processing an
	electronic inquiry, made through the use of the Internet, for
	information described as public information under:
	(1)  Section 411.1355; or
	(2)  Article 62.005, Code of Criminal Procedure[, made
	through the use of the Internet].
	SECTION 4.  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 62, Code of Criminal Procedure, including, to the
	extent available, a recent photograph of each person subject to
	registration under that chapter; [and]
	(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
	(3)  any information described as public information
	under Section 411.1355.
	SECTION 5.  Subchapter F, Chapter 411, Government Code, is
	amended by adding Section 411.1355 to read as follows:
	Sec. 411.1355.  CENTRAL DATABASE OF OFFENDERS WHO HAVE
	COMMITTED CERTAIN VIOLENT OFFENSES.  (a)  The department shall
	maintain a computerized central database containing information
	regarding persons who:
	(1)  on three or more occasions have been convicted of:
	(A)  an offense for which an affirmative finding
	was made under Article 42.013 or 42.015, Code of Criminal
	Procedure;
	(B)  an offense under Section 21.16, Penal Code,
	as added by Chapter 852 (S.B. 1135), Acts of the 84th Legislature,
	Regular Session, 2015; or
	(C)  any combination of offenses described by
	Paragraph (A) or (B); and
	(2)  were 17 years of age or older on the date at least
	three of the offenses described by Subdivision (1) were committed.
	(b)  The information contained in the database is public
	information, with the exception of any information:
	(1)  regarding the person's social security number,
	driver's license number, or telephone number; or
	(2)  that would identify the victim of the offense.
	(c)  The database maintained by the department under this
	section must contain, to the extent the information is available to
	the department:
	(1)  the person's full name, each alias used by the
	person, and the person's date of birth;
	(2)  a physical description and recent photograph of
	the person;
	(3)  a list of offenses described by Subsection (a) for
	which the person was convicted, the date of conviction for each
	offense, and the punishment prescribed for each offense; and
	(4)  an indication as to whether the person was
	discharged, placed on community supervision, or released on parole
	or to mandatory supervision following the conviction for each
	offense.
	(d)  The department shall permit a person whose name is
	included in the database established under this section to petition
	the department for removal of the person's name from the database,
	and the department shall remove the person's name from the database
	in response to the petition if:
	(1)  an order of expunction is issued under Chapter 55,
	Code of Criminal Procedure, with respect to one of the offenses
	described by Subsection (a), unless the person has three or more
	other convictions for an offense described by that subsection; or
	(2)  during the seven-year period preceding the date of
	the petition, the person is not convicted of an offense described by
	Subsection (a).
	(e)  On the website through which a person may search the
	database described by this section, the department shall include
	information regarding:
	(1)  the manner in which a person may petition the
	department for removal of the person's name from the database;
	(2)  the circumstances under which the department will
	grant the petition; and
	(3)  contact information for family violence
	organizations.
	(f)  The department shall consult with a representative of a
	statewide advocacy organization for issues related to family
	violence regarding implementation of the database and the
	information required to be included on the database website under
	Subsection (e)(3).
	SECTION 6.  Not later than September 1, 2018, the Office of
	Court Administration shall work to establish the database required
	by Subchapter G, Chapter 72, Government Code, as added by this Act.
	SECTION 7.  The central database required by Section
	411.1355, Government Code, as added by this Act, must be designed
	and implemented not later than January 1, 2018, and may only include
	information concerning persons convicted of at least one offense
	described by Subsection (a) of that section committed on or after
	the effective date of this Act
	.  For purposes of this section, an
	offense was committed on or after the effective date of this Act if
	each element of the offense occurred on or after that date.
	SECTION 8.  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, 2017.