McLaughlin Bill Adds Unlawfully Present Repeat Offenders To DPS Database

The text as introduced · 570 words

89R11590 CJD-D

By: McLaughlin
H.B. No. 3009

A BILL TO BE ENTITLED

AN ACT

relating to the qualifying offenses and related information

included in the Department of Public Safety's computerized central

database of offenders who have committed certain violent offenses.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Sections 411.1355(a) and (c), Government Code,

are amended to read as follows:

(a) The department shall maintain a computerized central

database containing information regarding persons who :

(1) on two or more occasions have been convicted of:

(A) [ (1) ] an offense under Section 22.01,

22.011, 22.02, or 22.021, Penal Code, for which an affirmative

finding was made under Article 42.013, Code of Criminal Procedure;

(B) [ (2) ] an offense under Section 25.11 or

42.072, Penal Code; or

(C) [ (3) ] any combination of offenses described

by Paragraph (A) or (B); or

(2) are unlawfully present in the United States and on

two or more occasions have been convicted of an offense under state

law, federal law, or the laws of a federally recognized Indian Tribe

that has as an element the intentional or knowing use, attempted

use, or threatened use of force or deadly force against any person

[ Subdivision (1) or (2) ].

(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) of

which the person was convicted, the date of conviction of 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 conviction of each offense ;

and

(5) for an individual described by Subsection (a)(2),

the last known location of the individual .

SECTION 2. (a) Subject to Subsection (b) of this section,

the change in law made by this Act applies to an offense committed

before, on, or after the effective date of this Act. As soon as

practicable after the effective date of this Act, but not later than

January 1, 2026, the Department of Public Safety shall include in

the database described by Section 411.1355, Government Code,

information regarding each person convicted of two or more offenses

described by Section 411.1355(a)(2), Government Code, as amended by

this Act, committed before the effective date of this Act.

(b) The Department of Public Safety may not include in the

database described by Section 411.1355, Government Code,

information concerning a person convicted of two or more offenses

described by Section 411.1355(a)(2), Government Code, as amended by

this Act, that were committed before the effective date of this Act

if on the effective date of this Act the department would be

required to remove the person's name from the database under

Section 411.1355(d), Government Code, in response to a petition

filed by the person under that subsection.

SECTION 3. 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, 2025.