The bureau must maintain a central index, criminal justice agencies must enter qualifying threat reports and check basic conditions first, the department must share and answer requests for information, and the director may adopt implementing rules.
Sec. 411.048. THREATS AGAINST PEACE OFFICERS AND DETENTION OFFICERS. (a) In this section: (1) "Criminal justice agency" has the meaning assigned by Article 66.001, Code of Criminal Procedure. (2) "Peace officer" has the meaning assigned by Section 1.07, Penal Code. (3) "Detention officer" means a person who is employed to ensure the safekeeping of prisoners and the security of a municipal or county jail. (b) The bureau of identification and records shall establish and maintain a central index in the law enforcement information system maintained by the department to: (1) collect and disseminate information relating to an individual's expression of intent to inflict serious bodily injury or death on a peace officer or detention officer; and (2) alert a peace officer or detention officer of an expression of intent to inflict serious bodily injury or death on the officer. (c) A criminal justice agency, after making each determination required under Subsection (d), shall immediately enter into the information system an electronic report of an individual who expresses an intent to inflict serious bodily injury or death on a peace officer or detention officer. The agency shall enter the information in the form and manner provided by rules adopted by the director. (d) Before entering information collected under this section into the information system, a criminal justice agency must determine that the report described by Subsection (c): (1) is not from an anonymous source; and (2) consists of an expression of intent to inflict serious bodily injury or death on a peace officer or detention officer. (e) On proper inquiry into the information system, the department shall disseminate information collected under this section to a criminal justice agency as reasonably necessary to protect the safety of a peace officer or detention officer. The criminal justice agency may use information disseminated under this subsection in the manner provided by rules adopted by the director. (f) The department shall promptly respond to a request to disclose information collected under this section by an individual who is the subject of the information. (g) An individual who is the subject of information collected under this section may request that the director, the director's designee, or a court review the information to determine whether the information complies with rules adopted by the director. The review shall be conducted using the same procedure for reviewing criminal information collected under Chapter 67, Code of Criminal Procedure. (h) A peace officer, detention officer, or criminal justice agency is not liable for an act or omission relating to the collection, use, or dissemination of information collected under this section in accordance with rules adopted by the director. (i) The director may adopt rules to implement and enforce this section. Any rule adopted by the director under this section must comply with the provisions of the Code of Federal Regulations, Title 28, Part 23, as it applies to criminal intelligence systems. Added by Acts 2001, 77th Leg., ch. 474, Sec. 3, eff. Sept. 1, 2001. Amended by: Acts 2005, 79th Leg., Ch. 557 (H.B. 1262), Sec. 1, eff. September 1, 2005. Acts 2005, 79th Leg., Ch. 557 (H.B. 1262), Sec. 2, eff. September 1, 2005. Acts 2017, 85th Leg., R.S., Ch. 1058 (H.B. 2931), Sec. 4.07, eff. January 1, 2019. Acts 2017, 85th Leg., R.S., Ch. 1058 (H.B. 2931), Sec. 4.08, eff. January 1, 2019.