74R10108 PEP-D
By Allen, Greenberg H.B. No. 1379
Substitute the following for H.B. No. 1379:
By Allen C.S.H.B. No. 1379
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the registration, release, and supervision of sex
1-3 offenders.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 1(5), Article 6252-13c.1, Revised
1-6 Statutes, is amended to read as follows:
1-7 (5) "Reportable conviction or adjudication" means:
1-8 (A) a conviction for violation of Section 21.11
1-9 (Indecency with a child), 22.011 (Sexual assault), 22.021
1-10 (Aggravated sexual assault), 25.02 (Prohibited sexual conduct)
1-11 <(Incest)>, Penal Code;
1-12 (B) a conviction for violation of Section 43.24
1-13 (Sale, distribution, or display of harmful material to minor),
1-14 Section 43.25 (Sexual performance by a child), Section 43.251
1-15 (Employment harmful to children), or 43.26 (Possession or promotion
1-16 of child pornography), Penal Code;
1-17 (C) the second <fourth> conviction for a
1-18 violation of Section 21.07 (Public lewdness) or Section 21.08
1-19 (Indecent exposure), Penal Code;
1-20 (D) an adjudication of delinquent conduct based
1-21 on a violation of one of the offenses listed in Paragraph (A) or
1-22 (B) of this subdivision or for which two <four> violations of the
1-23 offenses listed in Paragraph (C) of this subdivision are shown;
1-24 <or>
2-1 (E) a deferred adjudication for an offense
2-2 listed in Paragraph (A) or (B) of this subdivision;
2-3 (F) a conviction under the laws of the United
2-4 States or another state for an offense containing elements that are
2-5 substantially similar to the elements of an offense listed under
2-6 Paragraph (A) or (B) of this subdivision; or
2-7 (G) the fourth conviction under the laws of the
2-8 United States or another state for an offense containing elements
2-9 that are substantially similar to the elements of the offense of
2-10 indecent exposure.
2-11 SECTION 2. Section 3, Article 6252-13c.1, Revised Statutes,
2-12 is amended to read as follows:
2-13 Sec. 3. Prerelease notification. (a) At least 30 days, but
2-14 not earlier than 90 days, before a person who will be subject to
2-15 registration under this article is due to be released from a penal
2-16 institution, the Board of Pardons and Paroles shall determine the
2-17 person's level of risk to the community, assign to the person a
2-18 numeric risk level using the guidelines established under
2-19 Subsection (b) of this section, and immediately send a written
2-20 notice of the risk level to the penal institution from which the
2-21 person is due to be released. On receiving notice under this
2-22 subsection, an official of the penal institution shall:
2-23 (1) inform the person of the person's duty to register
2-24 under this article and require the person to sign a written
2-25 statement that the person was so informed or, if the person refuses
2-26 to sign the statement, certify that the person was so informed;
2-27 (2) obtain the address where the person expects to
3-1 reside on the person's release; and
3-2 (3) inform the department and the applicable local law
3-3 enforcement authority in the municipality or unincorporated area of
3-4 the county in which the person expects to reside of the person's
3-5 name, release date, new address, numeric risk level, and the
3-6 offense of which the person was convicted.
3-7 (b) In assigning a numeric risk level to a person subject to
3-8 registration under this article, the Board of Pardons and Paroles
3-9 shall use the following general guidelines:
3-10 (1) level one:
3-11 (A) the offense for which the person is subject
3-12 to registration involves a victim or a witness to the offense who
3-13 is a person younger than 17 years of age;
3-14 (B) the person used a weapon in the commission
3-15 of the offense for which the person is subject to registration; or
3-16 (C) the person has demonstrated a history and
3-17 propensity to engage in criminal sexual conduct with a primary
3-18 purpose of victimization;
3-19 (2) level two:
3-20 (A) the person has been convicted of only one
3-21 offense for which the person is subject to registration under this
3-22 article; and
3-23 (B) the person has no demonstrated history and
3-24 propensity to engage in criminal sexual conduct with a primary
3-25 purpose of victimization; and
3-26 (3) level three:
3-27 (A) the person has been convicted of only one
4-1 offense for which the person is subject to registration under this
4-2 article;
4-3 (B) the person received mental health or other
4-4 appropriate treatment during the person's term of confinement in a
4-5 penal institution and shows signs of successful rehabilitation; and
4-6 (C) there is reason to believe that the person
4-7 does not pose a significant threat to the community.
4-8 (c) If a person who is subject to registration under this
4-9 article receives an order deferring adjudication, community
4-10 supervision <probation>, or only a fine, the court pronouncing the
4-11 order or sentence shall <conduct the prerelease notification
4-12 specified in Subsection (a) of this section> on the day of entering
4-13 the order or sentencing:
4-14 (1) inform the person of the person's duty to register
4-15 under this article and require the person to sign a written
4-16 statement that the person was informed of the duty, or if the
4-17 person refuses to sign the statement, certify that the person was
4-18 informed of the duty;
4-19 (2) make a determination of the person's numeric risk
4-20 level using the guidelines described in Subsection (b) of this
4-21 section; and
4-22 (3) inform the department and the applicable local law
4-23 enforcement authority in the municipality or unincorporated area of
4-24 the county in which the person expects to reside of the person's
4-25 name, release date, new address, numeric risk level, and the
4-26 offense of which the person was convicted.
4-27 (d) On a person's registration under Section 2(a) of this
5-1 article or on being informed under this section, the local law
5-2 enforcement authority shall post notice at the locations described
5-3 in Subsection (e) of this section and provide a copy of the posted
5-4 notice to the superintendent of the public school district and to
5-5 the administrator of any private school in the public school
5-6 district in which the person subject to registration intends to
5-7 reside. The authority may not include in the notice any
5-8 information that would disclose the identity of the victim of the
5-9 offense for which the person is subject to registration. The
5-10 authority shall include in the notice:
5-11 (1) the person's name;
5-12 (2) the street name of the person's intended address,
5-13 but not the number of the intended address;
5-14 (3) the nature of the offense for which the person was
5-15 charged or convicted, excluding any indication of whether the
5-16 offense is a violation of Section 25.02, Penal Code;
5-17 (4) the person's numeric risk level assigned under
5-18 this article and the guidelines used to determine a person's risk
5-19 level generally; and
5-20 (5) the date of the person's release from a penal
5-21 institution, if any.
5-22 (e) A local law enforcement authority posting notice under
5-23 Subsection (d) of this section shall post the notice at:
5-24 (1) the county courthouse, the office of the sheriff,
5-25 and each office of a constable in the county in which the person
5-26 subject to registration intends to reside; and
5-27 (2) the headquarters of the municipal police
6-1 department, the main post office location, and the main branch of
6-2 the public library in the municipality in which the person subject
6-3 to registration intends to reside, or if the person does not intend
6-4 to reside in a municipality, at those locations in the municipality
6-5 closest in proximity to where the person intends to reside.
6-6 SECTION 3. Section 4, Article 6252-13c.1, Revised Statutes,
6-7 is amended to read as follows:
6-8 Sec. 4. Change of address. (a) If a person required to
6-9 register changes address, in addition to registering as required
6-10 under Section 2(a) of this article, the person shall provide
6-11 written notice of the person's new address not later than the
6-12 seventh day after the change to the local law enforcement authority
6-13 with whom the person last registered. Not later than the third day
6-14 after receipt of this notice, the local law enforcement authority
6-15 shall forward this information to the department.
6-16 (b) If the person moves to another <a new> municipality or
6-17 county in this state, the department shall inform the applicable
6-18 local law enforcement authority in the new area of the person's
6-19 residence.
6-20 (c) On being informed by the department under Subsection (b)
6-21 of this section, an authority that has not posted notice under
6-22 Section 3(d) of this article shall post notice at the locations
6-23 described in Subsection (d) of this section and provide a copy of
6-24 the posted notice to the superintendent of the public school
6-25 district and to the administrator of any private school in the
6-26 public school district in which the person subject to registration
6-27 intends to reside. The authority may not include in the notice any
7-1 information that would disclose the identity of the victim of the
7-2 offense for which the person is subject to registration. The local
7-3 law enforcement authority shall include in the notice:
7-4 (1) the person's name;
7-5 (2) the street name of the person's intended address,
7-6 but not the number of the intended address;
7-7 (3) the nature of the offense for which the person was
7-8 charged or convicted, excluding any indication of whether the
7-9 offense is a violation of Section 25.02, Penal Code;
7-10 (4) the person's numeric risk level assigned under
7-11 this article and the guidelines used to determine a person's risk
7-12 level generally; and
7-13 (5) the date of the person's release from a penal
7-14 institution, if any.
7-15 (d) A local law enforcement authority posting notice under
7-16 Subsection (c) of this section shall post the notice at the same
7-17 locations that the authority is required to post notice under
7-18 Section 3(e) of this article.
7-19 SECTION 4. Section 5(a), Article 6252-13c.1, Revised
7-20 Statutes, is amended to read as follows:
7-21 (a) A person who releases <the> information required for
7-22 registration under this article, other than information to be
7-23 released to the public under Section 3, 4, or 5A of this article,
7-24 to a person other than a full-time, fully paid, employed law
7-25 enforcement officer or criminal justice official commits an
7-26 offense.
7-27 SECTION 5. Article 6252-13c.1, Revised Statutes, is amended
8-1 by adding Section 5A to read as follows:
8-2 Sec. 5A. IMMUNITY FOR RELEASE OF CERTAIN INFORMATION. (a)
8-3 If a local law enforcement authority is directed under Section 3 or
8-4 4 of this article to release to the public information regarding a
8-5 person required to register, an individual, agency, entity, or
8-6 other local law enforcement authority may release that information
8-7 to the public and is not liable under Chapter 101, Civil Practice
8-8 and Remedies Code, or any other law for damages arising from the
8-9 release of that information.
8-10 (b) For the purposes of determining liability, the release
8-11 or withholding of information by an appointed or elected officer of
8-12 an agency, entity, or authority is a discretionary act.
8-13 SECTION 6. Section 8(a), Article 6252-13c.1, Revised
8-14 Statutes, is amended to read as follows:
8-15 (a) This article applies only to a reportable conviction or
8-16 adjudication:
8-17 (1) occurring on or after:
8-18 (A) September 1, 1991, if the conviction is for
8-19 or the adjudication is based on an offense listed in Section
8-20 1(5)(A) or (C) of this article; <or>
8-21 (B) September 1, 1993, if the conviction is for
8-22 or the adjudication is based on an offense listed in Section
8-23 1(5)(B) of this article; or
8-24 (C) September 1, 1995, if the conviction is for
8-25 an offense described under Section 1(5)(F) or (G) of this article;
8-26 or
8-27 (2) for which an order of deferred adjudication is
9-1 entered by the court on or after September 1, 1993.
9-2 SECTION 7. Section 9, Article 6252-13c.1, Revised Statutes,
9-3 is amended to read as follows:
9-4 Sec. 9. EXPIRATION OF DUTY TO REGISTER. (a) The duty to
9-5 register for a person with a reportable adjudication under Section
9-6 1(5)(D) of this article ends on the 10th anniversary of the date on
9-7 which:
9-8 (1) the person ceases to be under the supervision of
9-9 the Texas Youth Commission, if the person was committed to the
9-10 Texas Youth Commission other than under a determinate sentence;
9-11 (2) the person is discharged from the Texas Youth
9-12 Commission or the Texas Department of Criminal Justice, whichever
9-13 date is later, if the person was committed to the Texas Youth
9-14 Commission under a determinate sentence; or
9-15 (3) the disposition is made or the person completes
9-16 the terms of the disposition, whichever date is later, if the
9-17 person received a disposition that did not include a commitment to
9-18 the Texas Youth Commission <person's 21st birthday>.
9-19 (b) The duty to register for a person with a reportable
9-20 conviction ends on the 10th anniversary of the date on which the
9-21 person is released from the institutional division of the Texas
9-22 Department of Criminal Justice or <day that> the person discharges
9-23 parole or community supervision, whichever date is later
9-24 <probation>.
9-25 (c) The duty to register for a person with a reportable
9-26 conviction or adjudication based on an order of deferred
9-27 adjudication under Section 1(5)(E) of this article <Act> ends on
10-1 the 10th anniversary of the date on which:
10-2 (1) the court dismisses the criminal proceedings
10-3 against the person and discharges the person; or
10-4 (2) the person is released from the institutional
10-5 division of the Texas Department of Criminal Justice or the person
10-6 discharges parole or community supervision <probation>, if the
10-7 court proceeded <proceeds> to final adjudication in the case.
10-8 SECTION 8. Section 13(a), Article 42.18, Code of Criminal
10-9 Procedure, is amended to read as follows:
10-10 (a) A warrant for the return of a paroled prisoner, a
10-11 prisoner released to mandatory supervision, a prisoner released
10-12 although not eligible for release, a resident released to a
10-13 preparole or work program, a prisoner released on emergency
10-14 reprieve or on furlough, or a person released on a conditional
10-15 pardon to the institution from which the person was paroled,
10-16 released, or pardoned may be issued by the director or a designated
10-17 agent of the director in cases of parole or mandatory supervision,
10-18 or by the board on order by the governor in other cases, if there
10-19 is reason to believe that the person has been released although not
10-20 eligible for release, if the person has been arrested for an
10-21 offense, if there is a verified complaint stating that the person
10-22 violated a rule or condition of release, or if there is reliable
10-23 evidence that the person has exhibited behavior during the person's
10-24 release that indicates to a reasonable person that the person poses
10-25 a danger to society that warrants the person's immediate return to
10-26 custody. The director or a designated agent of the director shall
10-27 issue a warrant for the return of a person on parole or released to
11-1 mandatory supervision who is subject to registration under Article
11-2 6252-13c.1, Revised Statutes, if there is reason to believe that
11-3 the person failed to register or failed to comply with another
11-4 requirement of that article. The person may be held in custody
11-5 pending a determination of all facts surrounding the alleged
11-6 offense, violation of a rule or condition of release, or dangerous
11-7 behavior. A designated agent of the director acts independently
11-8 from a parole officer and must receive specialized training as
11-9 determined by the director. Such warrant shall authorize all
11-10 officers named therein to take actual custody of the prisoner and
11-11 detain and house the prisoner until a parole panel orders the
11-12 return of the prisoner to the institution from which he was
11-13 released. Pending hearing, as hereinafter provided, upon any
11-14 charge of parole violation, ineligible release, or violation of the
11-15 conditions of mandatory supervision, a prisoner returned to custody
11-16 shall remain incarcerated. If the director, a board member, or a
11-17 designated agent of the director or the board is otherwise
11-18 authorized to issue a warrant under this subsection, the pardons
11-19 and paroles division may instead issue to a prisoner a summons
11-20 requiring the prisoner to appear for a hearing under Section 14 of
11-21 this article. The summons must state the time, place, date, and
11-22 purpose of the hearing.
11-23 SECTION 9. Section 18, Article 42.18, Code of Criminal
11-24 Procedure, is amended to read as follows:
11-25 Sec. 18. Confidential Information. (a) Except as provided
11-26 by Subsection (b), all <All> information obtained and maintained in
11-27 connection with inmates of the institutional division subject to
12-1 parole, release to mandatory supervision, or executive clemency, or
12-2 individuals who may be on mandatory supervision or parole and under
12-3 the supervision of the pardons and paroles division, or persons
12-4 directly identified in any proposed plan of release for a prisoner,
12-5 including victim impact statements, lists of inmates eligible for
12-6 parole, and inmates' arrest records, shall be confidential and
12-7 privileged information and shall not be subject to public
12-8 inspection; provided, however, that all such information shall be
12-9 available to the governor, the members of the board, and the
12-10 Criminal Justice Policy Council to perform its duties under Section
12-11 413.021, Government Code, upon request. It is further provided
12-12 that statistical and general information respecting the parole and
12-13 mandatory supervision program and system, including the names of
12-14 paroled prisoners, prisoners released to mandatory supervision, and
12-15 data recorded in connection with parole and mandatory supervision
12-16 services, shall be subject to public inspection at any reasonable
12-17 time.
12-18 (b) This section does not apply to information regarding a
12-19 sex offender if the information is authorized for release under
12-20 Article 6252-13c.1, Revised Statutes.
12-21 SECTION 10. Section 6, Article 6252-13c.1, Revised Statutes,
12-22 is repealed.
12-23 SECTION 11. (a) Except as provided by Subsection (b), the
12-24 change in law made by this Act applies only to a reportable
12-25 conviction or adjudication as defined by Article 6252-13c.1,
12-26 Revised Statutes, that occurs on or after the effective date of
12-27 this Act or to an order of deferred adjudication for a person
13-1 required to register under that article that is entered by the
13-2 court on or after the effective date of this Act. A reportable
13-3 conviction or adjudication that occurs before the effective date of
13-4 this Act or an order of deferred adjudication that is entered
13-5 before the effective date of this Act is covered by the law in
13-6 effect when the conviction or adjudication occurred or the order
13-7 was entered, and the former law is continued in effect for that
13-8 purpose.
13-9 (b) The duty of the Department of Public Safety to destroy
13-10 registration information of a person under Section 6, Article
13-11 6252-13c.1, Revised Statutes, applies only to a person with a
13-12 reportable adjudication who has reached the age of 21 before the
13-13 effective date of this Act.
13-14 SECTION 12. This Act takes effect September 1, 1995.
13-15 SECTION 13. The importance of this legislation and the
13-16 crowded condition of the calendars in both houses create an
13-17 emergency and an imperative public necessity that the
13-18 constitutional rule requiring bills to be read on three several
13-19 days in each house be suspended, and this rule is hereby suspended.