85R9278 KJE-D     By: Rodríguez S.B. No. 1700       A BILL TO BE ENTITLED   AN ACT   relating to uniform reporting of information concerning protective   orders, concerning magistrate's orders for emergency protection,   and concerning conditions of bond imposed on a person awaiting   trial in a family violence, sexual assault or abuse, stalking, or   trafficking case.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Article 5.05, Code of Criminal Procedure, is   amended by amending Subsection (c) and adding Subsection (c-1) to   read as follows:          (c)  In order to ensure that officers responding to calls are   aware of the existence and terms of protective orders, each   municipal police department and sheriff shall establish procedures   within the department or office to provide adequate information or   access to information for law enforcement officers of the names of   persons protected by a protective order and of persons to whom   protective orders are directed. The procedures must:                (1)  require the information described by Section   411.042(b)(6), Government Code, to be entered into the statewide   law enforcement information system maintained by the Department of   Public Safety; and                (2)  comply with the uniform protocols developed under   Section 411.0422, Government Code.          (c-1)  Each municipal police department and sheriff shall   establish procedures within the department or office that require   the information described by Section 411.042(b)(7), Government   Code, to be entered into the statewide law enforcement information   system maintained by the Department of Public Safety. The   procedures must comply with the uniform protocols developed under   Section 411.0422, Government Code.          SECTION 2.  Article 17.292, Code of Criminal Procedure, is   amended by adding Subsection (g-1) to read as follows:          (g-1)  After adapting the page for purposes of this article,   the magistrate shall use the cover page adopted by the supreme court   under Section 85.027, Family Code, for each order for emergency   protection issued under this article.          SECTION 3.  Subchapter B, Chapter 85, Family Code, is   amended by adding Section 85.027 to read as follows:          Sec. 85.027.  PROTECTIVE ORDER COVER PAGE. (a) To   facilitate the timely entry of information concerning protective   orders into the statewide law enforcement information system   maintained by the Department of Public Safety, the supreme court   shall adopt a cover page that must be used for each protective order   issued under this subtitle.          (b)  The cover page must be designed to include the   information required under Section 411.042(b)(6), Government Code.          SECTION 4.  Section 86.001(a), Family Code, is amended to   read as follows:          (a)  To ensure that law enforcement officers responding to   calls are aware of the existence and terms of protective orders   issued under this subtitle, each law enforcement agency shall   establish procedures in the agency to provide adequate information   or access to information for law enforcement officers of the names   of each person protected by an order issued under this subtitle and   of each person against whom protective orders are directed. The   procedures must comply with the uniform protocols developed under   Section 411.0422, Government Code.          SECTION 5.  Section 86.005, Family Code, is amended to read   as follows:          Sec. 86.005.  PROTECTIVE ORDER FROM ANOTHER JURISDICTION.   To ensure that law enforcement officers responding to calls are   aware of the existence and terms of a protective order from another   jurisdiction, each law enforcement agency shall establish   procedures in the agency to provide adequate information or access   to information for law enforcement officers regarding the name of   each person protected by an order rendered in another jurisdiction   and of each person against whom the protective order is directed.   The procedures must comply with the uniform protocols developed   under Section 411.0422, Government Code.          SECTION 6.  Subchapter C, Chapter 72, Government Code, is   amended by adding Section 72.035 to read as follows:          Sec. 72.035.  BOND CONDITIONS REPORTING FORM. (a) The   office shall adopt a form for the reporting by law enforcement   agencies of information concerning the conditions of bond imposed   on a person awaiting trial in any family violence, sexual assault or   abuse, stalking, or trafficking case as provided by Section   411.042(b)(7).          (b)  The form must be designed to facilitate the timely entry   of information concerning bond conditions into the statewide law   enforcement information system maintained by the Department of   Public Safety.          SECTION 7.  Section 411.042(b), Government Code, is 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;                      (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 magistrate's orders of emergency   protection and all other pertinent information about all persons   subject to active 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,   stalking, or trafficking case]. Information in the law enforcement   information system relating to an active order shall include:                      (A)  the provision of law under which the order is   issued;                      (B)  the name, sex, race, date of birth, personal   descriptors, address, and county of residence of the person to whom   the order is directed;                      (C) [(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;                      (D) [(C)]  the name and county of residence of the   person protected by the order;                      (E) [(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, or Article 17.292(e), Code of Criminal Procedure;                      (F) [(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, or Article 17.292(e),   Code of Criminal Procedure;                      (G) [(F)]  the relationship or former   relationship between the person who is protected by the order and   the person to whom the order is directed;                      (H)  whether the person to whom the order is   directed has a history of:                            (i)  violent behavior involving the use of a   weapon; or                            (ii)  diagnosed mental illness [(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, stalking, or trafficking case];                      (I) [(H)]  any minimum distance the person   subject to the order is required to maintain from the protected   places or persons; and                      (J) [(I)]  the date the order expires;                (7)  collect information concerning the conditions of   bond imposed on a person awaiting trial in any family violence,   sexual assault or abuse, stalking, or trafficking case;                (8)  grant access to criminal history record   information in the manner authorized under Subchapter F;                (9) [(8)]  collect and disseminate information   regarding offenders with mental impairments in compliance with   Chapter 614, Health and Safety Code; and                (10) [(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.          SECTION 8.  Subchapter D, Chapter 411, Government Code, is   amended by adding Sections 411.0422 and 411.0423 to read as   follows:          Sec. 411.0422.  UNIFORM REPORTING OF CERTAIN INFORMATION.   (a) The department shall adopt a form for the reporting by law   enforcement agencies of information concerning protective orders   and magistrate's orders for emergency protection. The form must:                (1)  be designed to facilitate the timely entry of   information concerning those orders into the statewide law   enforcement information system maintained by the department; and                (2)  include spaces to report all information required   under Section 411.042(b)(6).          (b)  The department, the Office of Court Administration of   the Texas Judicial System, and the State Bar of Texas, with input   from relevant advocacy groups, jointly shall develop uniform   protocols for the reporting by law enforcement agencies of   information required by Sections 411.042(b)(6) and (7).          (c)  The protocols developed under Subsection (b) must   require law enforcement agencies to report information required   under Sections 411.042(b)(6) and (7) using the applicable form   adopted by the department under Subsection (a) or by the Office of   Court Administration of the Texas Judicial System under Section   72.035.          Sec. 411.0423.  REPORT RELATED TO PROTECTIVE ORDERS. (a)   The department shall annually post on the department's Internet   website a report on the number of protective orders or magistrate's   orders for emergency protection reported to the department during   the preceding year. The report must:                (1)  be disaggregated by the provision of law under   which the order is issued and the county in which the issuing court   is located; and                (2)  compare the number of protective orders or   magistrate's orders for emergency protection reported to the   department with the number of those orders reported to the Office of   Court Administration of the Texas Judicial System during that year.          (b)  The department may coordinate with the Office of Court   Administration of the Texas Judicial System as necessary to prepare   the report required under Subsection (a).          SECTION 9.  Section 411.0845(i), Government Code, is amended   to read as follows:          (i)  The release under this section of any criminal history   record information maintained by the Federal Bureau of   Investigation, including the computerized information submitted to   the federal database maintained by the Federal Bureau of   Investigation as described by Section 411.042(b)(10)(B)   [411.042(b)(9)(B)], is subject to federal law and regulations,   federal executive orders, and federal policy.          SECTION 10.  (a) Not later than September 1, 2017:                (1)  the Supreme Court of Texas shall adopt the cover   page required under Section 85.027, Family Code, as added by this   Act;                (2)  the Office of Court Administration of the Texas   Judicial System shall adopt the form required under Section 72.035,   Government Code, as added by this Act; and                (3)  the Department of Public Safety of the State of   Texas shall adopt the form required under Section 411.0422(a),   Government Code, as added by this Act.          (b)  Not later than October 1, 2017, the Department of Public   Safety of the State of Texas, the Office of Court Administration of   the Texas Judicial System, and the State Bar of Texas shall develop   the uniform protocols required under Section 411.0422, Government   Code, as added by this Act.          (c)  Not later than November 1, 2017, each law enforcement   agency shall comply with the uniform protocols required under   Section 411.0422, Government Code, as added by this Act.          (d)  Not later than November 1, 2018, the Department of   Public Safety of the State of Texas shall post on the department's   Internet website the initial report required under Section   411.0423, Government Code, as added by this Act.          SECTION 11.  (a) Except as provided by Subsection (b) of   this section, this Act takes effect September 1, 2017.          (b)  Section 411.042(b), Government Code, as amended by this   Act, takes effect November 1, 2017.