BILL ANALYSIS

C.S.H.B. 4061

By: Schatzline

Criminal Jurisprudence

Committee Report (Substituted)

BACKGROUND AND PURPOSE

The well-being of a person who is a victim of certain sexual offenses should be safeguarded from potential risks or distress that could be caused by the presence of a sex offender in the vicinity of the person's residence. Legislation is needed to ensure that registered sex offenders are not allowed to be around or move near their victims' residences. C.S.H.B. 4061 prohibits a registered sex offender in certain circumstances from going within a certain distance of the residence of a victim of a sexual offense.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

C.S.H.B. 4061 amends the Code of Criminal Procedure to prohibit a person subject to registration under the sex offender registration program from going within 2,500 feet of the residence of a victim of any offense for which the person is subject to that registration. This prohibition does not apply to a person subject to registration under the program if such a victim moves to a residence that is within 2,500 feet of the person's residence. The bill requires an official of a penal institution to inform such a person of the prohibition and that exemption before their release from the institution.

C.S.H.B. 4061 applies to a person required to register under the sex offender registration program on or after the bill's effective date, regardless of whether the offense or conduct for which the person is required to register occurs before, on, or after the bill's effective date.

EFFECTIVE DATE

September 1, 2023.

COMPARISON OF INTRODUCED AND SUBSTITUTE

While C.S.H.B. 4061 may differ from the introduced in minor or nonsubstantive ways, the following summarizes the substantial differences between the introduced and committee substitute versions of the bill.

The substitute includes a provision absent from the introduced that exempts a person who is subject to registration under the sex offender registration program from the bill's prohibition if a victim of any offense for which the person is subject to that registration moves to a residence that is within 2,500 feet of the person's residence. The substitute accordingly includes information regarding that exemption in the information that a penal institution official must provide to a person before release, which was not included in the introduced.  

Whereas the introduced included an effective date that provided for the bill's possible immediate effect, contingent on receiving the requisite constitutional vote, the substitute provides only for the bill to take effect September 1, 2023, with no possibility for immediate effect.