By: Martinez Fischer, Villalba, Lucio III	H.B. No. 21

	A BILL TO BE ENTITLED
	AN ACT
	relating to a central database containing information about
	offenders who have committed certain offenses against children or
	offenses involving family or dating violence.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Article 42.015, Code of Criminal Procedure, is
	amended to read as follows:
	Art. 42.015.  FINDING OF AGE OF VICTIM. 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.  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 3.  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, [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 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 4.  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 OFFENSES INVOLVING FAMILY VIOLENCE.  (a)  The department
	shall maintain a computerized central database containing
	information regarding persons who:
	(1)  on three or more occasions have been convicted of
	an offense for which an affirmative finding was made under Article
	42.013 or 42.015, Code of Criminal Procedure, the most recent of
	which was an offense under:
	(A)  Section 22.01, Penal Code, for which the
	punishment was enhanced because the offense was committed against a
	person whose relationship to or association with the defendant is
	described by Section 71.0021(b), 71.003, or 71.005, Family Code; or
	(B)  Section 25.11, Penal Code; 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 with
	respect to which the affirmative finding was made.
	(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 for which the person was
	convicted and for which the court made an affirmative finding of
	family violence, 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 5.  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, 2014, and may only include
	information concerning persons convicted of at least one offense
	committed on or after the effective date of this Act for which an
	affirmative finding of family violence is made under Article 42.013
	or 42.015, Code of Criminal Procedure.  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 6.  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, 2013.