Art. 60.051. INFORMATION IN COMPUTERIZED CRIMINAL HISTORY SYSTEM. (a) Information in the computerized criminal history system relating to an offender must include:
(1) the offender's name, including other names by which the offender is known;
(2) the offender's date of birth;
(3) the offender's physical description, including sex, weight, height, race, ethnicity, eye color, hair color, scars, marks, and tattoos; and
(4) the offender's state identification number.
(b) Information in the computerized criminal history system relating to an arrest must include:
(1) the name of the offender;
(2) the offender's state identification number;
(3) the arresting agency;
(4) the arrest charge by offense code and incident number;
(5) whether the arrest charge is a misdemeanor or felony;
(6) the date of the arrest;
(7) the exact disposition of the case by a law enforcement agency following the arrest; and
(8) the date of disposition of the case by the law enforcement agency.
(c) Information in the computerized criminal history system relating to a prosecution must include:
(1) each charged offense by offense code and incident number;
(2) the level of the offense charged or the degree of the offense charged for each offense in Subdivision (1) of this subsection; and
(3) for a rejected case, the date of rejection, offense code, and incident number, and whether the rejection is a result of a successful pretrial diversion program.
(d) Information in the computerized criminal history system relating to the disposition of a case that was not rejected must include:
(1) the final pleading to each charged offense and the level of the offense;
(2) a listing of each charged offense disposed of by the court and:
(A) the date of disposition;
(B) the offense code for the disposed charge and incident number; and
(C) the type of disposition; and
(3) for a conviction that is appealed the final court decision and the final disposition of the offender on appeal.
(e) Information in the computerized criminal history system relating to sentencing must include for each sentence:
(1) the sentencing date;
(2) the sentence for each offense by offense code and incident number;
(3) if the offender was sentenced to confinement:
(A) the agency that receives custody of the offender;
(B) the length of sentence for each offense; and
(C) if multiple sentences were ordered, whether they were ordered to be served consecutively or concurrently;
(4) if the offender was sentenced to a fine, the amount of the fine;
(5) if a sentence to confinement or fine was ordered but was deferred, probated, suspended, or otherwise not imposed:
(A) the length of sentence or the amount of the fine that was deferred, probated, suspended, or otherwise not imposed; and
(B) the offender's name, offense code, and incident number; and
(6) if a sentence other than fine or confinement was ordered, a description of the sentence ordered.
(f) The department shall maintain in the computerized criminal history system any information the department maintains in the central database under Article 62.005.
(g) In addition to the information described by Subsections (a)-(f), information in the computerized criminal history system must include the age of the victim of the offense if the defendant was arrested for or charged with an offense under:
(1) Section 21.02 (Continuous sexual abuse of young child or children), Penal Code;
(2) Section 21.11 (Indecency with a child), Penal Code;
(3) Section 22.011 (Sexual assault) or 22.021 (Aggravated sexual assault), Penal Code;
(4) Section 43.25 (Sexual performance by a child), Penal Code;
(5) Section 20.04(a)(4) (Aggravated kidnapping), Penal Code, if the defendant committed the offense with intent to violate or abuse the victim sexually;
(6) Section 30.02 (Burglary), Penal Code, if the offense is punishable under Subsection (d) of that section and the defendant committed the offense with intent to commit an offense described by Subdivision (2), (3), or (5);
(7) Section 20A.02 (Trafficking of persons), Penal Code, if the defendant:
(A) trafficked a person with the intent or knowledge that the person would engage in sexual conduct, as defined by Section 43.25, Penal Code; or
(B) benefited from participating in a venture that involved a trafficked person engaging in sexual conduct, as defined by Section 43.25, Penal Code; or
(8) Section 43.05(a)(2) (Compelling prostitution), Penal Code.
Renumbered from art. 60.05(b) to (f) and amended by Acts 1990, 71st Leg., 6th C.S., ch. 25, Sec. 28, eff. June 18, 1990. Subsec. (a) amended by Acts 1993, 73rd Leg., ch. 1025, Sec. 9, eff. Sept. 1, 1993; Subsec. (f) added by Acts 1995, 74th Leg., ch. 258, Sec. 14, eff. Sept. 1, 1995; Subsec. (f) amended by Acts 1997, 75th Leg., ch. 668, Sec. 8, eff. Sept. 1, 1997.
Amended by:
Acts 2005, 79th Leg., Ch. 1008 (H.B. 867), Sec. 2.03, eff. September 1, 2005.
Acts 2007, 80th Leg., R.S., Ch. 593 (H.B. 8), Sec. 1.08, eff. September 1, 2007.
Acts 2011, 82nd Leg., R.S., Ch. 515 (H.B. 2014), Sec. 2.05, eff. September 1, 2011.
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