89R15700 CJD-D     By: Flores H.B. No. 4776       A BILL TO BE ENTITLED   AN ACT   relating to a central database containing information about persons   who have been convicted of or received a grant of deferred   adjudication community supervision after pleading guilty for   certain offenses involving animal cruelty; creating a criminal   offense.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Title 1, Code of Criminal Procedure, is amended   by adding Chapter 61 to read as follows:   CHAPTER 61.  ANIMAL CRUELTY REGISTRATION PROGRAM          Art. 61.01.  DEFINITIONS.  In this chapter:                (1)  "Department" means the Department of Public   Safety.                (2)  "Local law enforcement authority" has the meaning   assigned by Article 62.001.          Art. 61.02.  CENTRAL DATABASE.  (a)  To the extent that   funding is available under Article 61.06, 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 community supervision after pleading guilty   for one or more offenses under Section 42.091, 42.092, 42.10, or   42.107, 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 community supervision   after pleading guilty for an offense described by Subsection   (a)(1).          (c)  To the extent that funding is available under Article   61.06, 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 include 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 of a   change in the person's address;                (4)  the database to track whether a person described   by Subsection (a) is in compliance with registration requirements;                (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. 61.03.  INFORMATION PROVIDED TO LAW ENFORCEMENT ON   REQUEST. (a)  In this article, "animal control officer" has the   meaning assigned by Section 829.001, Health and Safety Code.          (b)  The department shall establish a procedure by which a   peace officer, an animal control officer employed by a county or   municipality, or an 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 assigned to a vehicle owned or driven by a   person required to register under this chapter.          Art. 61.04.  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 community supervision.          (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 community   supervision after pleading guilty for an offense under Section   42.091, 42.092, 42.10, or 42.107, Penal Code.          Art. 61.05.  FAILURE TO COMPLY WITH REGISTRATION   REQUIREMENTS; OFFENSE. (a) A person commits an offense if the   person is required to register and fails to comply with any   requirement of this chapter.          (b)  An offense under this article is a Class C misdemeanor.          Art. 61.06.  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 2.  (a)  Chapter 61, 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 community supervision 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 community supervision 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 61.06, Code of Criminal Procedure, as added   by this Act:                (1)  the Department of Public Safety shall establish   the requirements and procedures required by Chapter 61, Code of   Criminal Procedure, as added by this Act; and                (2)  the central database required by Chapter 61, Code   of Criminal Procedure, as added by this Act, must be designed and   implemented.          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.