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.