By: Zaffirini S.B. No. 1258
A BILL TO BE ENTITLED
AN ACT
1-1 relating to notification requirements under the sexual offender
1-2 registration program.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Subsection (a), Section 2, Article 6252-13c.1,
1-5 Revised Statutes, is amended to read as follows:
1-6 (a) A person who has a reportable conviction, <or>
1-7 adjudication, or deferred adjudication shall register with the
1-8 local law enforcement authority in any municipality where the
1-9 person resides or intends to reside for more than seven days or, if
1-10 the person does not reside or intend to reside in a municipality,
1-11 in any county where the person resides or intends to reside for
1-12 more than seven days. The person shall register not later than the
1-13 seventh day after the person's arrival in the municipality or
1-14 county.
1-15 SECTION 2. Section 3, Article 6252-13c.1, Revised Statutes,
1-16 is amended to read as follows:
1-17 Sec. 3. PRERELEASE NOTIFICATION. (a) On the date <At least
1-18 30 days, but not earlier than 90 days, before> a person who will be
1-19 subject to registration under this article is <due to be> released
1-20 from a penal institution, an official of the penal institution
1-21 shall:
1-22 (1) inform the person of the person's duty to register
1-23 under this article and require the person to sign a written
2-1 statement that the person was so informed or, if the person refuses
2-2 to sign the statement, certify that the person was so informed; and
2-3 (2) obtain the address where the person expects to
2-4 reside on the person's release; and
2-5 (3) inform the department and the applicable local law
2-6 enforcement authority in the municipality or unincorporated area of
2-7 the county in which the person expects to reside of the person's
2-8 name, release date, new address, date of birth, social security
2-9 number, and the offense of which the person was convicted.
2-10 (b) If a person who is subject to registration under this
2-11 article receives deferred adjudication, probation, or only a fine,
2-12 the court pronouncing sentence shall conduct the prerelease
2-13 notification specified in Subsection (a) of this section on the day
2-14 of sentencing.
2-15 (c) The Texas Department of Criminal Justice shall notify
2-16 the department and the offender in writing and in accordance with
2-17 Subsection (a) of this section that the offender must report to the
2-18 parole office.
2-19 SECTION 3. Article 6252-13c.1, Revised Statutes, is amended
2-20 by adding Section 3A to read as follows:
2-21 Sec. 3A. NOTIFICATION TO AUTHORITIES. (a) As provided by
2-22 this section, the department and the law enforcement authorities of
2-23 the county and municipality in which a person who is required to
2-24 register under this article intends to reside are entitled to
2-25 receive notice of the:
3-1 (1) person's name;
3-2 (2) date of birth;
3-3 (3) social security number;
3-4 (4) person's date of release from a penal institution;
3-5 (5) person's intended residence address; and
3-6 (6) offense for which the person was convicted.
3-7 (b) If the person required to register is required to report
3-8 to a parole officer at a district parole office, the parole officer
3-9 charged with supervising the person shall give the notice on the
3-10 date on which the person is required to report.
3-11 (c) If the person required to register is released from a
3-12 county jail and is not required to report to a parole officer under
3-13 Subsection (b) of this section after release, that person shall
3-14 nonetheless report to a parole officer in order to register.
3-15 (d) If the person required to register is sentenced to
3-16 receive probation or pay only a fine, the court pronouncing
3-17 sentence shall give the notice on the date the person is sentenced.
3-18 SECTION 4. Section 8, Article 6252-13c.1, Revised Statutes,
3-19 is amended to read as follows:
3-20 Sec. 8. Exemptions. (a) This article applies only to a
3-21 reportable conviction, <or> adjudication, or deferred adjudication
3-22 occurring on or after September 1, 1991.
3-23 (b) A person who has a reportable conviction, <or>
3-24 adjudication, or deferred adjudication may petition a district
3-25 judge in the county where the person resides or intends to reside
4-1 for an exemption from this article. If the person shows good
4-2 cause, the district judge shall grant the exemption.
4-3 SECTION 5. This Act takes effect September 1, 1993.
4-4 SECTION 6. The importance of this legislation and the
4-5 crowded condition of the calendars in both houses create an
4-6 emergency and an imperative public necessity that the
4-7 constitutional rule requiring bills to be read on three several
4-8 days in each house be suspended, and this rule is hereby suspended.