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A BILL TO BE ENTITLED
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AN ACT
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relating to prohibiting a registered sex offender in certain |
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circumstances from going within a certain distance of the residence |
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of the victim of the offense for which the offender is subject to |
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registration. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. This Act may be cited as Brooke's Boundary. |
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SECTION 2. Article 62.053(a), Code of Criminal Procedure, |
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is amended to read as follows: |
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(a) Before a person who will be subject to registration |
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under this chapter is due to be released from a penal institution, |
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the Texas Department of Criminal Justice or the Texas Juvenile |
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Justice Department shall determine the person's level of risk to |
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the community using the sex offender screening tool developed or |
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selected under Article 62.007 and assign to the person a numeric |
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risk level of one, two, or three. Before releasing the person, an |
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official of the penal institution shall: |
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(1) inform the person that: |
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(A) not later than the later of the seventh day |
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after the date on which the person is released or after the date on |
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which the person moves from a previous residence to a new residence |
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in this state or not later than the first date the applicable local |
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law enforcement authority by policy allows the person to register |
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or verify registration, the person must register or verify |
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registration with the local law enforcement authority in the |
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municipality or county in which the person intends to reside; |
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(B) not later than the seventh day after the date |
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on which the person is released or the date on which the person |
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moves from a previous residence to a new residence in this state, |
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the person must, if the person has not moved to an intended |
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residence, report to the applicable entity or entities as required |
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by Article 62.051(h) or (j) or 62.055(e); |
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(C) not later than the seventh day before the |
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date on which the person moves to a new residence in this state or |
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another state, the person must report in person to the local law |
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enforcement authority designated as the person's primary |
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registration authority by the department and to the juvenile |
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probation officer, community supervision and corrections |
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department officer, or parole officer supervising the person; |
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(D) not later than the 10th day after the date on |
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which the person arrives in another state in which the person |
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intends to reside, the person must register with the law |
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enforcement agency that is identified by the department as the |
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agency designated by that state to receive registration |
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information, if the other state has a registration requirement for |
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sex offenders; |
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(E) not later than the 30th day after the date on |
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which the person is released, the person must apply to the |
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department in person for the issuance of an original or renewal |
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driver's license or personal identification certificate and a |
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failure to apply to the department as required by this paragraph |
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results in the automatic revocation of any driver's license or |
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personal identification certificate issued by the department to the |
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person; |
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(F) the person must notify appropriate entities |
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of any change in status as described by Article 62.057; |
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(G) certain types of employment are prohibited |
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under Article 62.063 for a person with a reportable conviction or |
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adjudication for a sexually violent offense involving a victim |
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younger than 14 years of age and occurring on or after September 1, |
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2013; |
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(H) certain locations of residence are |
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prohibited under Article 62.064 for a person with a reportable |
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conviction or adjudication for an offense occurring on or after |
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September 1, 2017, except as otherwise provided by that article; |
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[and] |
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(I) if the person enters the premises of a school |
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as described by Article 62.065 and is subject to the requirements of |
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that article, the person must immediately notify the administrative |
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office of the school of the person's presence and the person's |
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registration status under this chapter; and |
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(J) if the person was at least 17 years of age at |
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the time the offense for which the person is subject to |
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registration under this chapter was committed, the person may not |
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intentionally go within 2,500 feet of a place the person knows to |
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be the residence of the victim of the offense unless the victim |
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moves to a residence that is within 2,500 feet of the person's |
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residence; |
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(2) require the person to sign a written statement |
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that the person was informed of the person's duties as described by |
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Subdivision (1) or Subsection (g) or, if the person refuses to sign |
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the statement, certify that the person was so informed; |
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(3) obtain the address or, if applicable, a detailed |
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description of each geographical location where the person expects |
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to reside on the person's release and other registration |
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information, including a photograph and complete set of |
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fingerprints; and |
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(4) complete the registration form for the person. |
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SECTION 3. Subchapter B, Chapter 62, Code of Criminal Procedure, is |
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amended by adding Article 62.066 to read as follows: |
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Art. 62.066. PROXIMITY TO CERTAIN LOCATIONS. (a) Except as |
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provided by Subsection (b), a person subject to registration under |
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this chapter may not intentionally go within 2,500 feet of a place |
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the person knows to be the residence of the victim of the offense |
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for which the person is subject to registration under this chapter. |
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(b) This article does not apply to a person subject to registration |
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under this chapter if: |
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(1) the victim described by Subsection (a) moves to a |
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residence that is within 2,500 feet of the person's residence; or |
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(2) the person subject to registration was younger |
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than 17 years of age at the time the offense for which the person is |
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subject to registration under this chapter was committed. |
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SECTION 4. The change in law made by this Act in amending |
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Chapter 62, Code of Criminal Procedure, applies to a person who is |
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required to register under Chapter 62, Code of Criminal Procedure, |
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on or after the effective date of this Act, regardless of whether |
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the offense or conduct for which the person is required to register |
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occurs before, on, or after the effective date of this Act. |
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SECTION 5. This Act takes effect September 1, 2023. |
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