BILL ANALYSIS

Senate Research Center	C.S.H.B. 4061
	By: Schatzline et al. (Hughes)
	State Affairs
	5/19/2023
	Committee Report (Substituted)

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

C.S.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 the victim of the offense 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) if the person was at least 17 years of age at the time the offense for which the person is subject to registration under this chapter was committed, the person is prohibited from intentionally going within 2,500 feet of a place the person knows to be the residence of the victim of the offense unless the victim moves to a residence that is within 2,500 feet of the person's residence; and

(2)-(4) makes no changes to these subdivisions.

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 intentionally going within 2,500 feet of a place the person knows to be the residence of the victim of the 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:

(1) the victim described by Subsection (a) moves to a residence that is within 2,500 feet of the person's residence; or

(2) the person subject to registration was younger than 17 years of age at the time of the offense for which the person is subject to registration under this chapter was committed.

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.