74(R) SB 267 House Committee Report

BILL ANALYSIS

S.B. 267
By: Shapiro (Craddick)
05-04-95
Committee Report (Amended)

BACKGROUND

Currently, sex offenders are responsible for registering with the
Department of Public Safety as a condition of community
supervision, deferred adjudication or parole. The Department of
Public Safety then notifies the law enforcement authorities in the
county or city where the offender plans to live. Private citizens
have no prior knowledge when a sex offender moves into the
community, and do not have access to any of the sex offender
registration information.

PURPOSE

As proposed, S.B. 267 requires registration of sex offenders and
public notice of their residence prior to release in a community;
creates offenses and provides penalties.

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.

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Sections 1(3) and (5), Article 6252-13c.1,
V.T.C.S., to redefine "penal institution" and "reportable
conviction or adjudication."

SECTION 2. Amends Section 2, Article 6252-13c.1, V.T.C.S., by
amending Subsections (a) and (b), and adding Subsections (d) and
(e), as follows:

(a) Requires a person who has a reportable conviction or
adjudication to register or, if the person is a person for whom
registration is completed under this article, verify registration
with the local law enforcement authority (authority) in any
municipality where the person resides or intends to reside for more
than seven days. Makes nonsubstantive and conforming changes.

(b) Requires the Department of Public Safety (department) to
provide the Texas Department of Criminal Justice, the Texas Youth
Commission, the Texas Juvenile Probation Commission, each
authority, county jail, and court with a form for persons required
to register. Sets forth the required contents of the form.

(d) Requires a person who is required to complete the registration
form to verify the information to the applicable authority.
Requires the person to submit proof of identity and residence
before the authority gives the registration form to the person for
verification. Requires the person to verify the information by
signing the form, making any necessary corrections before signing
the form.

(e) Sets forth the required actions to be taken by a person who
does not move to an intended residence by the end of the seventh
day after the date on which the person is released on community
supervision, parole, or mandatory supervision, or on the date the
person leaves a previous residence.

SECTION 3. Amends Section 3, Article 6252-13c.1, V.T.C.S., as
follows:

Sec. 3. PRERELEASE NOTIFICATION. (a) Sets forth the procedures
an officer of the penal institution is required to follow regarding
a person who is subject to registration and is to be released.

(b) Requires an official of the penal institution to send the
person's completed registration form to the department and to
certain authorities within seven days of the release of a person
who is required to register under this article.

(d) Requires the pardons and paroles division of the Texas
Department of Criminal Justice or a community supervision and
corrections department to conduct the prerelease notification and
registration requirements on the date a person who has a reportable
conviction is placed under supervision.

(e) Requires the authority to verify the age of the victim and the
basis on which the person is subject to registration under this
article. Requires the authority, if the victim is a child younger
than 17 years of age and the basis on which the person is subject
to registration is not an adjudication of delinquent conduct or a
deferred adjudication and is not a conviction for an offense under
Section 25.02, Penal Code, to immediately publish notice, in
English and Spanish, in at least one newspaper of general
circulation and provide notice to the superintendent of public
schools that a person subject to registration intends to reside
within the district. Requires the authority to publish a duplicate
notice in the newspaper, during the week immediately following the
week of initial publication.

(f) Sets forth the specific contents of the required notice.

(g) Requires the authority to include in the notice to the
superintendent any information the authority deems necessary to
protect the public, except certain specified information.

SECTION 4. Amends Section 4, Article 6252-13c.1, V.T.C.S., as
follows:

Sec. 4. CHANGE OF ADDRESS. (a) Requires a person who intends to
change address and is required to register, to report in person to
the authority with whom the person last registered and to the
community supervision and corrections department officer or the
parole officer supervising the person and provide the new address
and anticipated move date.

(b) Makes conforming changes.

(c) Requires a person who moves to another state with a
registration requirement for sex offenders to register with the law
enforcement agency designated by that state to receive registration
information within a specified period.

(d) Makes a conforming change.

(e) Sets forth the requirements if a person who reports to an
authority does not move before the anticipated date or does not
move to the new address.

(f) Sets forth requirements of the authority if a person moves to
another municipality.

(g)-(i) Make conforming changes.

SECTION 5. Amends Article 6252-13c.1, V.T.C.S., by adding Section
4A, as follows:

Sec. 4A. REMEDIES RELATED TO PUBLIC NOTICE. Authorizes a person
subject to registration under this article to petition the district
court for injunctive relief to restrain a local law enforcement
authority from publishing notice in a newspaper as required by
Section 3 or Section 4 of this article. Authorizes the court to
issue a temporary restraining order under this section before
notice is served and a hearing is held on the matter. Authorizes
the court to grant any injunctive relief warranted by the facts,
including a restraining order or a temporary or permanent
injunction, if the person subject to registration under this
article proves by a preponderance of the evidence specific facts
indicating that newspaper publication under Section 3 or Section 4
of this article would place the person's health and well-being in
immediate danger.

SECTION 6. Amends Section 5, Article 6252-13c.1, V.T.C.S., as
follows:

Sec. 5. New heading: CENTRAL DATABASE; PUBLIC INFORMATION. (a)
Requires the department to maintain a computerized database
containing registration information.

(b) Provides that the database information is public information;
except the person's photograph, or certain other information.

(c) Requires a local law enforcement authority to release public
information to any person who submits a written request.
Authorizes the authority to charge the person a fee not to exceed
the amount reasonably necessary to cover the administrative costs
associated with the authority's release of information to the
person under this subsection. Deletes existing Subsections (a) and
(b).

SECTION 7. Amends Article 6252-13c.1, V.T.C.S., by adding
Section 5A, as follows:

Sec. 5A. IMMUNITY FOR RELEASE OF PUBLIC INFORMATION. (a)
Authorizes the department, a penal institution, or an authority to
release public information regarding a person required to register.

(b) Grants immunity to an individual, agency, entity or authority
from liability for damages arising from conduct authorized by this
section.

SECTION 8. Amends Section 8(a), Article 6252-13c.1, V.T.C.S.,
by adding Subdivision (C), to make this article applicable only to
a reportable conviction or adjudication occurring on or after
September 1, 1995, if the conviction is for an offense described
under this article.

SECTION 9. Amends Section 1, Article 42.01, Code of Criminal
Procedure, to include in the information a judgment should reflect,
among others, in the event of conviction of an offense for which
registration as a sex offender is required under Article 6252-13c.1, V.T.C.S., a statement that the registration requirement of
that article applies to the defendant and a statement of the age of
the victim of the offense.

SECTION 10. Amends Section 11, Article 42.12, Code of Criminal
Procedure, by amending and revising Subsection (a), and adding
Subsection (e), as follows:

(a) Establishes reasonable conditions a judge is authorized to
impose of community supervision.

(e) Requires a judge granting community supervision to a defendant
required to register as a sex offender under Article 6252-13c.1,
V.T.C.S., to require the registration as a condition of community
supervision.
SECTION 11. Amends Section 19, Article 42.12, Code of Criminal
Procedure, by adding Subsection (g), to require a judge to require
a person who is required to register as a sex offender and is
placed on community supervision to pay a specified fee to the
supervising officer as a condition of community supervision.
Requires a community supervision and corrections department to
remit fees collected under this subsection to the authority for the
reimbursement of costs incurred. Provides that in a revocation of
community supervision hearing, failure to pay required fees is an
affirmative defense to revocation.

SECTION 12. Amends Section 8, Article 42.18, Code of Criminal
Procedure, by adding Subsection (r), to make a conforming change.

SECTION 13. Amends Section 18, Article 42.18, Code of Criminal
Procedure, to provide that this section does not apply to
information regarding a sex offender if it is authorized for
release under Article 6252-13c.1, V.T.C.S. Makes a conforming
change.

SECTION 14. Amends Article 60.01(3), Code of Criminal Procedure,
to redefine "computerized criminal history system."

SECTION 15. Amends Article 60.02(b), Code of Criminal Procedure,
to provide that the department is responsible for recording data
and maintaining a database for a computerized criminal history
system that serves as the record creation point for criminal
history information maintained by the state and a list of sex
offenders required to register under Article 6252-13c.1, V.T.C.S.

SECTION 16. Amends Article 60.05, Code of Criminal Procedure, to
make conforming changes.

SECTION 17. Amends Article 60.051, Code of Criminal Procedure,
by adding Subsection (f), to make a conforming change.

SECTION 18. Amends Section 411.082(2), Government Code, to make
a conforming change.

SECTION 19. Repealer: Section 6, Article 6252-13c.1, V.T.C.S.
(Sexual Offender Registration Program-Destruction of Juvenile
Delinquency Records).

SECTION 20. (a) Makes application of Article 6252-13c.1,
V.T.C.S., of this Act prospective.

(b) Provides that the duty of the department to destroy
registration information of a person under Section 6, Article 6252-13c.1, V.T.C.S., repealed by this Act, applies only to a person
with a reportable adjudication who has reached the age of 21 before
the effective date of this Act.

SECTION 21. Makes application of Sections 9-12 of this Act
prospective.

SECTION 22. Requires the department to establish the rules and
procedures necessary to comply with Chapter 60, Code of Criminal
Procedure, as amended by this Act, not later than January 1, 1996.

SECTION 23. Effective date: September 1, 1995.

SECTION 24. Emergency clause.
EXPLANATION OF AMENDMENTS

Committee amendment #1 makes 4 changes:
1) Current law states that prerelease notification and registration
should be completed 30 to 90 days before an inmate subject to
registration is scheduled to be released on parole. The bill
maintains this language but adds a requirement that the
registration be forwarded to DPS and local law enforcement 7 days
prior to the inmate's release.

TDCJ was concerned that they wouldn't be able to comply with these
requirements because they often do not have this much notice before
an inmate's release.

The amendment deletes the "30 to 90 day" language from current law,
so that prerelease notification and registration are simply
required "Before" the inmate's release. It also maintains the
requirement in the bill that the registration information be
forwarded 7 days before the inmate's release, but inserts an "or on
receipt of notice" provision to cover instances where TDCJ does not
have 7 days warning of an inmate's impending parole.

2) The engrossed bill required the court to complete prerelease
notification and registration on the day an order of community
supervision was entered, but it did not specify who in the court
would be responsible for this duty.

The amendment requires the court to "ensure" that prerelease
notification and registration are completed on the day the order is
entered. It also says that a community supervision officer (CSO)
will complete these requirements if a CSO is present in the
courtroom when the order is entered. If not, the judge is required
to designate someone else to complete the notification.

3) The bill references the DPS when it should reference the local
law enforcement authority.

4) DPS wanted the fact that someone is registered as a sex offender
to show up on TCIC. However, they felt that the language that
passed the Senate was too specific--it could have been interpreted
as requiring DPS to generate a whole additional list of sex
offenders besides the existing list in the Sex Offender
Registration Program.

The amendment cleans up the language so that DPS can simply access
the existing list in the Sex Offender Registration Program.

SUMMARY OF COMMITTEE ACTION

S.B. 267 was considered by the committee in a public hearing on
April 26, 1995. The committee considered one amendment to the
bill. The amendment was adopted without objection. The bill was
reported favorably as amended, with the recommendation that it do
pass and be printed, by a record vote of 5 ayes, 0 nays, 0 pnv, 4
absent.