2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle B - Law Enforcement and Public Protection › Chapter 411 - Department of Public Safety of the State of Texas › Subchapter F. Criminal History Record Information › Section 411.1355. Central Database of Offenders Who Have Committed Certain Violent Offenses

Sec. 411.1355.  CENTRAL DATABASE OF OFFENDERS WHO HAVE COMMITTED CERTAIN VIOLENT OFFENSES.  (a)  The department shall maintain a computerized central database containing information regarding persons who on two or more occasions have been convicted of:
(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;
(2)  an offense under Section 25.11 or 42.072, Penal Code; or
(3)  any combination of offenses described by Subdivision (1) or (2).
(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.
(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.
(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 been convicted three or more times of 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 Internet website through which a person may search the database described by this section, the department shall include in a prominent location information regarding:
(1)  the manner in which a person may petition the department for removal of a person's name from the database, including any forms required by the department for the petitions to be used for the purpose;
(2)  the circumstances under which the department will grant a 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 and victim safety regarding implementation of the database and the information required to be included on the database website under Subsection (e)(3).
Added by Acts 2023, 88th Leg., R.S., Ch. 637 (H.B. 5202), Sec. 3, eff. June 11, 2023.