The council must set up a uniform process for collecting adjudication information, limit sharing, and destroy the information within one year after its eligibility decision.
Sec. 110.156. ADJUDICATION INFORMATION. (a) The council shall establish a uniform method of obtaining adjudication information. The uniform method must require that: (1) a complete set of fingerprints, the complete name of the person being investigated, or other information necessary to conduct a criminal history background check be submitted to the Department of Public Safety or another law enforcement agency; and (2) if fingerprints are submitted, the fingerprints be submitted to the Federal Bureau of Investigation for further information if a relevant disqualifying record or other substantive information is not obtained from a state or local law enforcement agency. (b) A law enforcement agency may provide to the council information about the conviction or deferred adjudication of a person being investigated only if the information: (1) is relevant to the person's current or proposed registration; and (2) was collected in accordance with this section. (c) The council is not entitled to adjudication information that is not relevant. Adjudication information is relevant only if it relates to a conviction or deferred adjudication for: (1) a sexual offense; (2) murder, assault, battery, or any other offense involving personal injury or threat to another person; or (3) a felony not listed in Subdivision (1) or (2). (d) All adjudication information received by the council is privileged information and for the exclusive use of the council. The information may be released or otherwise disclosed to any other person or agency only: (1) on court order; or (2) with the consent of the person being investigated. (e) The council by rule shall establish a method to collect and destroy adjudication information after the council makes a decision on the eligibility of the person for registration who is the subject of the information. The council shall destroy the adjudication information not later than the first anniversary of the date of the council's decision on the person's eligibility for registration. Added by Acts 2003, 78th Leg., ch. 1276, Sec. 14.005(a), eff. Sept. 1, 2003.