BILL ANALYSIS

Senate Research Center	H.B. 4061
88R20337 SHH-D	By: Schatzline et al. (Hughes)
	State Affairs
	5/17/2023
	Engrossed

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

H.B. 4061 amends current law relating to prohibiting a registered sex offender in certain circumstances from going within a certain distance of the residence of a victim of any offense committed by the offender for which the offender is subject to registration.

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

SECTION BY SECTION ANALYSIS

SECTION 1. Authorizes this Act to be cited as Brooke's Boundary.

SECTION 2. Amends Article 62.053(a), Code of Criminal Procedure, as follows:

(a) Requires an official of the penal institution, before releasing a person subject to registration under Chapter 62 (Sex Offender Registration Program), to:

(1) inform the person that:

(A)-(G) makes no changes to these paragraphs;

(H)-(I) makes nonsubstantive changes to these paragraphs; and

(J) the person is prohibited from going within 2,500 feet of the residence of a victim of any offense for which the person is subject to registration under this chapter unless the victim moves to a residence that is within 2,500 feet of the person's residence.

SECTION 3. Amends Subchapter B, Chapter 62, Code of Criminal Procedure, by adding Article 62.066, as follows:

Art. 62.066. PROXIMITY TO CERTAIN LOCATIONS. (a) Prohibits a person subject to registration under this chapter from going within 2,500 feet of the residence of a victim of any offense for which the person is subject to registration under this chapter, except as provided by Subsection (b).

(b) Provides that this article does not apply to a person subject to registration under this chapter if the victim described by Subsection (a) moves to a residence that is within 2,500 feet of the person's residence.

SECTION 4. Provides that the change in law made by this Act in amending Chapter 62, Code of Criminal Procedure, applies to a person who is required to register under Chapter 62, Code of Criminal Procedure, on or after the effective date of this Act, regardless of whether the offense of conduct for which the person is required to register occurs before, on, or after the effective date of this Act.

SECTION 5. Effective date: September 1, 2023.