By: Lucio III, Pena (Senate Sponsor - Ellis)	H.B. No. 1103
	(In the Senate - Received from the House April 27, 2011;
	May 2, 2011, read first time and referred to Committee on Criminal
	Justice; May 21, 2011, reported adversely, with favorable
	Committee Substitute by the following vote:  Yeas 6, Nays 0;
	May 21, 2011, sent to printer.)
	COMMITTEE SUBSTITUTE FOR H.B. No. 1103	By:  Ellis

	A BILL TO BE ENTITLED
	AN ACT
	relating to the civil and criminal consequences of certain criminal
	offenses involving animal cruelty.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Section 11, Article 42.12, Code of Criminal
	Procedure, is amended by adding Subsection (m) to read as follows:
	(m)  If a judge grants community supervision to a person
	convicted of an offense under Section 42.09, 42.091, 42.092, or
	42.10, Penal Code, the judge may require the person to:
	(1)  attend a responsible pet owner course sponsored by
	a municipal animal shelter, as defined by Section 823.001, Health
	and Safety Code, that:
	(A)  receives federal, state, county, or
	municipal funds; and
	(B)  serves the county in which the court is
	located; and
	(2)  register as required by Chapter 61A, Code of
	Criminal Procedure, if applicable.
	SECTION 2.  Title 1, Code of Criminal Procedure, is amended
	by adding Chapter 61A to read as follows:
	CHAPTER 61A.  ANIMAL CRUELTY REGISTRATION PROGRAM
	Art. 61A.01.  DEFINITIONS. In this chapter:
	(1)  "Department" means the Department of Public Safety
	of the State of Texas.
	(2)  "Local law enforcement authority" and "penal
	institution" have the meanings assigned by Article 62.001.
	Art. 61A.02.  CENTRAL DATABASE; PUBLIC INFORMATION. (a)  To
	the extent that funding is available under Article 61A.07, the
	department shall establish and maintain a computerized central
	database containing information regarding persons who:
	(1)  have been convicted of or received a grant of
	deferred adjudication for one or more felony offenses under Section
	42.092 or 42.10, Penal Code; and
	(2)  were 17 years of age or older at the time of the
	offense.
	(b)  If a computerized central database is established by the
	department under Subsection (a), a person described by that
	subsection shall register as required by this chapter until the
	10th anniversary of the date the person was last convicted of or
	received a grant of deferred adjudication for an offense described
	by Subsection (a)(1).
	(c)  The information contained in the database is public
	information, with the exception of any information regarding the
	person's social security number, driver's license number, or
	telephone number.
	(d)  The department shall publish on its Internet website all
	public information contained in the database.
	(e)  To the extent that funding is available under Article
	61A.07, the department, in cooperation with the Board of Pardons
	and Paroles, the Texas Department of Criminal Justice, and the
	Commission on Jail Standards, by rule shall design and implement a
	system for the registration of persons described by Subsection (a).
	The system must establish requirements and procedures for:
	(1)  a person described by Subsection (a) to be
	notified, before the person's discharge or release, of the person's
	duty to register with a local law enforcement authority for the
	period required by Subsection (b);
	(2)  the person to register or verify registration with
	a local law enforcement authority:
	(A)  annually;
	(B)  every 90 days if the person is determined by
	the department to be high-risk because of the person's status as a
	repeat offender; or
	(C)  every 30 days if the person does not have a
	permanent address;
	(3)  the person to register with a local law
	enforcement authority not later than five days after the date the
	person changes address;
	(4)  the database to track whether a person described
	by Subsection (a) is in compliance with registration requirements
	and, if the person is not in compliance, to make that information
	available to other persons requesting the information;
	(5)  a local law enforcement authority to promptly
	forward registration information to the department for use in the
	database;
	(6)  the database to track whether a person described
	by Subsection (a) is attending or is planning to attend a public or
	private institution of higher education and, if so, the department
	to promptly forward that information to the applicable institution
	of higher education;
	(7)  the inclusion in the database and on the
	department's Internet website of a recent photograph of the person,
	updated annually; and
	(8)  the department to update the database daily.
	Art. 61A.03.  INFORMATION PROVIDED TO PEACE OFFICER ON
	REQUEST. The department shall establish a procedure by which a
	peace officer or employee of a law enforcement agency who provides
	the department with a driver's license number, personal
	identification certificate number, or license plate number is
	automatically provided information as to whether the person to whom
	the driver's license or personal identification certificate is
	issued is required to register under this chapter or whether the
	license plate number is entered in the computerized central
	database under Article 61A.02 as assigned to a vehicle owned or
	driven by a person required to register under this chapter.
	Art. 61A.04.  IMMUNITY FOR RELEASE OF PUBLIC INFORMATION.
	(a)  The department, a penal institution, or a local law
	enforcement authority may release to the public information
	regarding a person required to register under this chapter only if
	the information is public information under Article 61A.02(c).
	(b)  An individual, agency, entity, or authority is not
	liable under Chapter 101, Civil Practice and Remedies Code, or any
	other law for damages arising from conduct authorized by Subsection
	(a).
	(c)  For purposes of determining liability, the release or
	withholding of information by an appointed or elected officer of an
	agency, entity, or authority is a discretionary act.
	(d)  A public or private institution of higher education or
	administrator of a public or private institution of higher
	education may release to the public information regarding a person
	required to register under this chapter only if the information is
	public information under Article 61A.02(c) and is released to the
	administrator under Article 61A.02. A public or private
	institution of higher education or administrator of a public or
	private institution of higher education is not liable under any law
	for damages arising from conduct authorized by this subsection.
	Art. 61A.05.  EXEMPTION FROM REGISTRATION FOR CERTAIN ANIMAL
	CRUELTY OFFENDERS. (a)  A person required to register under this
	chapter may petition the court having jurisdiction over the case
	for an order exempting the person from registration under this
	chapter at any time after the person's sentencing or after the
	person is placed on deferred adjudication.
	(b)  After a hearing on the petition described by Subsection
	(a), the court may issue an order exempting the person from
	registration under this chapter if the court finds that an
	exemption would be in the best interest of justice.
	(c)  An order exempting the person from registration under
	this chapter does not expire, except that the court may withdraw the
	order if after the order is issued the person receives another
	conviction or a grant of deferred adjudication for a misdemeanor or
	felony offense under Section 42.092 or 42.10, Penal Code.
	Art. 61A.06.  FAILURE TO COMPLY WITH REGISTRATION
	REQUIREMENTS. A person who fails to comply with any requirement of
	this chapter shall be punished by a fine not to exceed $500.
	Art. 61A.07.  FUNDING. The department may solicit and
	accept a gift, grant, or donation from any source, including a
	foundation, private entity, governmental entity, or institution of
	higher education, for the establishment and maintenance of the
	computerized central database described by this chapter and the
	implementation of a related system of registration under this
	chapter. The department shall establish and maintain the database
	and implement the registration system only if sufficient funds are
	available under this article for those purposes.
	SECTION 3.  Subsection (a), Section 411.135, 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 61A or 62, Code of Criminal Procedure, [as added by
	Chapter 668, Acts of the 75th Legislature, Regular Session, 1997,]
	including, to the extent available, a recent photograph of each
	person subject to registration under Chapter 61A or 62 [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.
	SECTION 4.  (a)  Chapter 61A, Code of Criminal Procedure, as
	added by this Act, applies only to a person who is convicted of or
	receives a grant of deferred adjudication for an offense committed
	on or after the effective date of this Act. A person who is
	convicted of or receives a grant of deferred adjudication for an
	offense committed before the effective date of this Act is governed
	by the law in effect on the date the offense was committed, and the
	former law is continued in effect for that purpose. For purposes of
	this subsection, an offense was committed before the effective date
	of this Act if any element of the offense occurred before that date.
	(b)  As soon as practicable after sufficient funding becomes
	available under Article 61A.07, Code of Criminal Procedure, as
	added by this Act:
	(1)  the Department of Public Safety of the State of
	Texas shall establish the requirements and procedures required by
	Subsection (e), Article 61A.02, and Article 61A.03, Code of
	Criminal Procedure, as added by this Act; and
	(2)  the central database required by Chapter 61A, Code
	of Criminal Procedure, as added by this Act, must be designed and
	implemented.
	SECTION 5.  This Act takes effect September 1, 2011.
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