By Greenberg                                           H.B. No. 738
       74R3750 PEP-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to public notification of the release of a sex offender
    1-3  into the community; providing a penalty.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Section 3, Article 6252-13c.1, Revised Statutes,
    1-6  is amended by amending Subsection (b) and adding Subsection (c) to
    1-7  read as follows:
    1-8        (b)  If a person who is subject to registration under this
    1-9  article receives an order deferring adjudication, community
   1-10  supervision <probation>, or only a fine, the court pronouncing the
   1-11  order or sentence shall conduct the prerelease notification
   1-12  specified in Subsection (a) of this section on the day of entering
   1-13  the order or sentencing.
   1-14        (c)  Not later than the 30th day after receipt of
   1-15  notification under Subsection (a) or (b) of this section, the local
   1-16  law enforcement authority shall provide notice to the public,
   1-17  including, at a minimum, notice to residents who live within a
   1-18  one-mile radius, in an area that has not been subdivided, or a
   1-19  three-block area, in an area that has been subdivided, of the place
   1-20  where the person subject to registration intends to reside.  The
   1-21  local law enforcement authority shall include in the notice the
   1-22  person's name and address and the nature of the offense for which
   1-23  the person was charged or convicted.
   1-24        SECTION 2.  Section 4, Article 6252-13c.1, Revised Statutes,
    2-1  is amended to read as follows:
    2-2        Sec. 4.  Change of address.  (a) If a person required to
    2-3  register changes address, the person shall provide written notice
    2-4  not later than the seventh day after the change to the local law
    2-5  enforcement authority with whom the person last registered.  Not
    2-6  later than the third day after receipt of this notice, the local
    2-7  law enforcement authority shall forward this information to the
    2-8  department.
    2-9        (b)  If the person moves to a new municipality or county in
   2-10  this state, the department shall inform the applicable local law
   2-11  enforcement authority in the new area of the person's residence.
   2-12  Not later than the 30th day after the date on which the local law
   2-13  enforcement authority is informed under this subsection, the
   2-14  authority shall provide notice to the public, including, at a
   2-15  minimum, notice to residents who live within a one-mile radius, in
   2-16  an area that has not been subdivided, or a three-block area, in an
   2-17  area that has been subdivided, of the place where the person
   2-18  subject to registration intends to reside.
   2-19        (c)  The local law enforcement authority shall include in the
   2-20  notice given under Subsection (b) of this section the person's name
   2-21  and address and the nature of the offense for which the person was
   2-22  charged or convicted.
   2-23        SECTION 3.  Section 5(a), Article 6252-13c.1, Revised
   2-24  Statutes, is amended to read as follows:
   2-25        (a)  A person who releases <the> information required for
   2-26  registration under this article, other than information to be
   2-27  released to the public under Section 3, 4, or 5A of this article,
    3-1  to a person other than a full-time, fully paid, employed law
    3-2  enforcement officer commits an offense.
    3-3        SECTION 4.  Article 6252-13c.1, Revised Statutes, is amended
    3-4  by adding Section 5A to read as follows:
    3-5        Sec. 5A.  IMMUNITY FOR RELEASE OF CERTAIN INFORMATION.  (a)
    3-6  The department or a penal institution may release to the public
    3-7  information that a local law enforcement authority is directed to
    3-8  release under Section 3 or 4 of this article.
    3-9        (b)  An individual, agency, entity, or local law enforcement
   3-10  authority is not liable under Chapter 101, Civil Practice and
   3-11  Remedies Code, or any other law for damages arising from the
   3-12  release of information to any member of the public if that release
   3-13  is authorized by this article.
   3-14        (c)  For the purposes of determining liability, the release
   3-15  or withholding of information by an appointed or elected officer of
   3-16  an agency, entity, or authority is a discretionary act.
   3-17        SECTION 5.  Section 9, Article 6252-13c.1, Revised Statutes,
   3-18  is amended to read as follows:
   3-19        Sec. 9.  EXPIRATION OF DUTY TO REGISTER.  (a)  The duty to
   3-20  register for a person with a reportable adjudication under Section
   3-21  1(5)(D) of this article ends on the 10th anniversary of the date on
   3-22  which:
   3-23              (1)  the person ceases to be under the supervision of
   3-24  the Texas Youth Commission, if the person was committed to the
   3-25  Texas Youth Commission other than under a determinate sentence;
   3-26              (2)  the person is discharged from the Texas Youth
   3-27  Commission or the Texas Department of Criminal Justice, whichever
    4-1  date is later, if the person was committed to the Texas Youth
    4-2  Commission under a determinate sentence; or
    4-3              (3)  the disposition is made or the person completes
    4-4  the terms of the disposition, whichever date is later, if the
    4-5  person received a disposition that did not include a commitment to
    4-6  the Texas Youth Commission <person's 21st birthday>.
    4-7        (b)  The duty to register for a person with a reportable
    4-8  conviction ends on the 10th anniversary of the date on which the
    4-9  person is released from the institutional division of the Texas
   4-10  Department of Criminal Justice or <day that> the person discharges
   4-11  parole or community supervision, whichever date is later
   4-12  <probation>.
   4-13        (c)  The duty to register for a person with a reportable
   4-14  conviction or adjudication based on an order of deferred
   4-15  adjudication under Section 1(5)(E) of this article <Act> ends on
   4-16  the 10th anniversary of the date on which:
   4-17              (1)  the court dismisses the criminal proceedings
   4-18  against the person and discharges the person; or
   4-19              (2)  the person is released from the institutional
   4-20  division of the Texas Department of Criminal Justice or the person
   4-21  discharges parole or community supervision <probation>, if the
   4-22  court proceeded <proceeds> to final adjudication in the case.
   4-23        SECTION 6.  Article 6252-13c.1, Revised Statutes, is amended
   4-24  by adding Section 9A to read as follows:
   4-25        Sec. 9A.  VERIFICATION OF ADDRESS.  (a)  On each anniversary
   4-26  of the day on which a person first registers under this article, a
   4-27  local law enforcement authority with whom the person is required to
    5-1  register shall mail a nonforwardable verification form to the last
    5-2  reported address of the person.
    5-3        (b)  Not later than the seventh day after receipt of a
    5-4  verification form under Subsection (a) of this section, the person
    5-5  shall:
    5-6              (1)  indicate on the form whether the person still
    5-7  resides at the last reported address and, if not, provide on the
    5-8  form the person's new address;
    5-9              (2)  sign the form; and
   5-10              (3)  return the form to the authority.
   5-11        SECTION 7.  Section 18, Article 42.18, Code of Criminal
   5-12  Procedure, is amended to read as follows:
   5-13        Sec. 18.  Confidential Information.  (a)  Except as provided
   5-14  by Subsection (b), all <All> information obtained and maintained in
   5-15  connection with inmates of the institutional division subject to
   5-16  parole, release to mandatory supervision, or executive clemency, or
   5-17  individuals who may be on mandatory supervision or parole and under
   5-18  the supervision of the pardons and paroles division, or persons
   5-19  directly identified in any proposed plan of release for a prisoner,
   5-20  including victim impact statements, lists of inmates eligible for
   5-21  parole, and inmates' arrest records, shall be confidential and
   5-22  privileged information and shall not be subject to public
   5-23  inspection; provided, however, that all such information shall be
   5-24  available to the governor, the members of the board, and the
   5-25  Criminal Justice Policy Council to perform its duties under Section
   5-26  413.021, Government Code, upon request.  It is further provided
   5-27  that statistical and general information respecting the parole and
    6-1  mandatory supervision program and system, including the names of
    6-2  paroled prisoners, prisoners released to mandatory supervision, and
    6-3  data recorded in connection with parole and mandatory supervision
    6-4  services, shall be subject to public inspection at any reasonable
    6-5  time.
    6-6        (b)  This section does not apply to information regarding a
    6-7  sex offender if the information is authorized for release under
    6-8  Article 6252-13c.1, Revised Statutes.
    6-9        SECTION 8.  Section 6, Article 6252-13c.1, Revised Statutes,
   6-10  is repealed.
   6-11        SECTION 9.  (a)  Except as provided by Subsection (b), the
   6-12  change in law made by this Act applies only to a reportable
   6-13  conviction or adjudication as defined by Article 6252-13c.1,
   6-14  Revised Statutes, that occurs on or after the effective date of
   6-15  this Act or to an order of deferred adjudication for a person
   6-16  required to register under that article that is entered by the
   6-17  court on or after the effective date of this Act.  A reportable
   6-18  conviction or adjudication that occurs before the effective date of
   6-19  this Act or an order of deferred adjudication that is entered
   6-20  before the effective date of this Act is covered by the law in
   6-21  effect when the conviction or adjudication occurred or the order
   6-22  was entered, and the former law is continued in effect for that
   6-23  purpose.
   6-24        (b)  The duty of the Department of Public Safety to destroy
   6-25  registration information of a person under Section 6, Article
   6-26  6252-13c.1, Revised Statutes, applies only to a person with a
   6-27  reportable adjudication who has reached the age of 21 before the
    7-1  effective date of this Act.
    7-2        (c)  The duty of a local law enforcement authority to mail a
    7-3  verification form to a person under Section 9A, Article 6252-13c.1,
    7-4  Revised Statutes, applies only with regard to a person who first
    7-5  registers on or after the effective date of this Act.
    7-6        SECTION 10.  This Act takes effect September 1, 1995.
    7-7        SECTION 11.  The importance of this legislation and the
    7-8  crowded condition of the calendars in both houses create an
    7-9  emergency and an imperative public necessity that the
   7-10  constitutional rule requiring bills to be read on three several
   7-11  days in each house be suspended, and this rule is hereby suspended.