By Allen, Greenberg H.B. No. 1379
74R935 PEP-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to sex offender registration and public notification of
1-3 the release of a sex offender into the community.
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 (Incest), Penal Code;
1-11 (B) a conviction for violation of Section 43.24
1-12 (Sale, distribution, or display of harmful material to minor),
1-13 Section 43.25 (Sexual performance by a child), Section 43.251
1-14 (Employment harmful to children), or 43.26 (Possession or promotion
1-15 of child pornography), Penal Code;
1-16 (C) the second <fourth> conviction for a
1-17 violation of Section 21.07 (Public lewdness) or Section 21.08
1-18 (Indecent exposure), Penal Code;
1-19 (D) an adjudication of delinquent conduct based
1-20 on a violation of one of the offenses listed in Paragraph (A) or
1-21 (B) of this subdivision or for which two <four> violations of the
1-22 offenses listed in Paragraph (C) of this subdivision are shown; or
1-23 (E) a deferred adjudication for an offense
1-24 listed in Paragraph (A) or (B) of this subdivision.
2-1 SECTION 2. Section 2, Article 6252-13c.1, Revised Statutes,
2-2 is amended by adding Subsection (d) to read as follows:
2-3 (d) At the time of registration, the local law enforcement
2-4 authority with whom the person registers shall provide the person
2-5 with a written statement of the person's compliance with this
2-6 section and shall direct the person to deliver that statement to
2-7 the person's community supervision and corrections department
2-8 officer or parole officer not later than the seventh day after the
2-9 date of registration.
2-10 SECTION 3. Section 3, Article 6252-13c.1, Revised Statutes,
2-11 is amended by amending Subsection (b) and adding Subsection (c) to
2-12 read as follows:
2-13 (b) If a person who is subject to registration under this
2-14 article receives an order deferring adjudication, community
2-15 supervision <probation>, or only a fine, the court pronouncing the
2-16 order or sentence shall conduct the prerelease notification
2-17 specified in Subsection (a) of this section on the day of entering
2-18 the order or sentencing.
2-19 (c) On receiving a registration form under Subsection (a) or
2-20 (b) of this section, the local law enforcement authority shall post
2-21 notice at the county courthouse and at least three other public
2-22 places in the county in which the person subject to registration
2-23 intends to reside. The authority shall include in the notice:
2-24 (1) the person's name and intended address;
2-25 (2) a photograph of the person, if available;
2-26 (3) the nature of the offense for which the person was
2-27 charged or convicted; and
3-1 (4) the date of the person's release from a penal
3-2 institution, if any.
3-3 SECTION 4. Section 4, Article 6252-13c.1, Revised Statutes,
3-4 is amended to read as follows:
3-5 Sec. 4. Change of address. (a) If a person required to
3-6 register changes address, the person shall provide written notice
3-7 not later than the seventh day after the change to the local law
3-8 enforcement authority with whom the person last registered. Not
3-9 later than the third day after receipt of this notice, the local
3-10 law enforcement authority shall forward this information to the
3-11 department.
3-12 (b) If the person moves to a new municipality or county in
3-13 this state, the department shall inform the applicable local law
3-14 enforcement authority in the new area of the person's residence.
3-15 On being informed by the department under this subsection, the
3-16 authority shall post notice at the county courthouse and at least
3-17 three other public places in the county in which the person subject
3-18 to registration intends to reside. The local law enforcement
3-19 authority shall include in the notice:
3-20 (1) the person's name and intended address;
3-21 (2) a photograph of the person, if available;
3-22 (3) the nature of the offense for which the person was
3-23 charged or convicted; and
3-24 (4) the date of the person's release from a penal
3-25 institution, if any.
3-26 SECTION 5. Section 5(a), Article 6252-13c.1, Revised
3-27 Statutes, is amended to read as follows:
4-1 (a) A person who releases <the> information required for
4-2 registration under this article, other than information to be
4-3 released to the public under Section 3, 4, or 5A of this article,
4-4 to a person other than a full-time, fully paid, employed law
4-5 enforcement officer commits an offense.
4-6 SECTION 6. Article 6252-13c.1, Revised Statutes, is amended
4-7 by adding Section 5A to read as follows:
4-8 Sec. 5A. IMMUNITY FOR RELEASE OF CERTAIN INFORMATION. (a)
4-9 If a local law enforcement authority is directed under Section 3 or
4-10 4 of this article to release to the public information regarding a
4-11 person required to register, an individual, agency, entity, or
4-12 other local law enforcement authority may release that information
4-13 to the public and is not liable under Chapter 101, Civil Practice
4-14 and Remedies Code, or any other law for damages arising from the
4-15 release of that information.
4-16 (b) For the purposes of determining liability, the release
4-17 or withholding of information by an appointed or elected officer of
4-18 an agency, entity, or authority is a discretionary act.
4-19 SECTION 7. Section 11, Article 42.12, Code of Criminal
4-20 Procedure, is amended by amending and revising Subsection (a), as
4-21 amended by Section 2, Chapter 806, and Section 4.01, Chapter 900,
4-22 Acts of the 73rd Legislature, Regular Session, 1993, and by adding
4-23 Subsection (e) to read as follows:
4-24 (a) The judge of the court having jurisdiction of the case
4-25 shall determine the conditions of community supervision and may, at
4-26 any time, during the period of community supervision alter or
4-27 modify the conditions as provided by Sections 10 and 22 of this
5-1 article. The judge may impose any reasonable condition that is
5-2 designed to protect or restore the community, protect or restore
5-3 the victim, or punish, rehabilitate, or reform the defendant.
5-4 Conditions of community supervision may include, but shall not be
5-5 limited to, the conditions that the defendant shall:
5-6 (1) Commit no offense against the laws of this State
5-7 or of any other State or of the United States;
5-8 (2) Avoid injurious or vicious habits;
5-9 (3) Avoid persons or places of disreputable or harmful
5-10 character;
5-11 (4) Report to the supervision officer as directed by
5-12 the judge or supervision officer and obey all rules and regulations
5-13 of the community supervision and corrections department;
5-14 (5) Permit the supervision officer to visit him at his
5-15 home or elsewhere;
5-16 (6) Work faithfully at suitable employment as far as
5-17 possible;
5-18 (7) Remain within a specified place;
5-19 (8) Pay his fine, if one be assessed, and all court
5-20 costs whether a fine be assessed or not, in one or several sums;
5-21 (9) Support his dependents;
5-22 (10) Participate, for a time specified by the judge in
5-23 any community-based program, including a community-service work
5-24 program under Section 16 of this article;
5-25 (11) Reimburse the county in which the prosecution was
5-26 instituted for compensation paid to appointed counsel for defending
5-27 him in the case, if counsel was appointed, or if he was represented
6-1 by a county-paid public defender, in an amount that would have been
6-2 paid to an appointed attorney had the county not had a public
6-3 defender;
6-4 (12) Remain under custodial supervision in a community
6-5 corrections facility, obey all rules and regulations of such
6-6 facility, and pay a percentage of his income to the facility for
6-7 room and board;
6-8 (13) Pay a percentage of his income to his dependents
6-9 for their support while under custodial supervision in a community
6-10 corrections facility;
6-11 (14) Submit to testing for alcohol or controlled
6-12 substances;
6-13 (15) Attend counseling sessions for substance abusers
6-14 or participate in substance abuse treatment services in a program
6-15 or facility approved or licensed by the Texas Commission on Alcohol
6-16 and Drug Abuse;
6-17 (16) <Register under Article 6252-13c.1, Revised
6-18 Statutes;>
6-19 <(17)> With the consent of the victim of a misdemeanor
6-20 offense or of any offense under Title 7, Penal Code, participate
6-21 in victim-defendant mediation;
6-22 (17) <(19)> Submit to electronic monitoring;
6-23 (18) <(20)> Reimburse the general revenue fund <crime
6-24 victims compensation fund created under the Crime Victims
6-25 Compensation Act (Article 8309-1, Vernon's Texas Civil Statutes)>
6-26 for any amounts paid under the Crime Victims' Compensation Act
6-27 (Subchapter B, Chapter 56, of this code) from that fund to a
7-1 victim, as defined by Article 56.01 of this code, of the
7-2 defendant's offense;
7-3 (19) <(21)> Reimburse a law enforcement agency for the
7-4 analysis, storage, or disposal of raw materials, controlled
7-5 substances, chemical precursors, drug paraphernalia, or other
7-6 materials seized in connection with the offense;
7-7 (20) <(22)> Pay all or part of the reasonable and
7-8 necessary costs incurred by the victim for psychological counseling
7-9 made necessary by the offense or for counseling and education
7-10 relating to acquired immune deficiency syndrome or human
7-11 immunodeficiency virus made necessary by the offense; and
7-12 (21) <(23)> Make one payment in an amount not to
7-13 exceed $50 to a local crime stoppers program as defined by Section
7-14 414.001, Government Code, and as certified by the Crime Stoppers
7-15 Advisory Council.
7-16 (e) A judge granting community supervision to a defendant
7-17 required to register as a sex offender under Article 6252-13c.1,
7-18 Revised Statutes, shall require the registration as a condition of
7-19 community supervision. The judge shall also require the defendant
7-20 to obtain a written statement of the person's compliance with
7-21 registration requirements from the local law enforcement authority
7-22 with whom the person registers and deliver that statement to the
7-23 person's supervision officer not later than the seventh day after
7-24 the date the person registers.
7-25 SECTION 8. Section 8, Article 42.18, Code of Criminal
7-26 Procedure, is amended by adding Subsection (g-2) to read as
7-27 follows:
8-1 (g-2) In addition to requiring a person as a condition of
8-2 parole or release to mandatory supervision to register under
8-3 Article 6252-13c.1, Revised Statutes, the parole panel shall
8-4 require the person to obtain a written statement of the person's
8-5 compliance with registration requirements from the local law
8-6 enforcement authority with whom the person registers and to deliver
8-7 that statement to the person's parole officer not later than the
8-8 seventh day after the date the person registers.
8-9 SECTION 9. Section 13(a), Article 42.18, Code of Criminal
8-10 Procedure, is amended to read as follows:
8-11 (a) A warrant for the return of a paroled prisoner, a
8-12 prisoner released to mandatory supervision, a prisoner released
8-13 although not eligible for release, a resident released to a
8-14 preparole or work program, a prisoner released on emergency
8-15 reprieve or on furlough, or a person released on a conditional
8-16 pardon to the institution from which the person was paroled,
8-17 released, or pardoned may be issued by the director or a designated
8-18 agent of the director in cases of parole or mandatory supervision,
8-19 or by the board on order by the governor in other cases, if there
8-20 is reason to believe that the person has been released although not
8-21 eligible for release, if the person has been arrested for an
8-22 offense, if there is a verified complaint stating that the person
8-23 violated a rule or condition of release, or if there is reliable
8-24 evidence that the person has exhibited behavior during the person's
8-25 release that indicates to a reasonable person that the person poses
8-26 a danger to society that warrants the person's immediate return to
8-27 custody. The director or a designated agent of the director shall
9-1 issue a warrant for the return of a person on parole or released to
9-2 mandatory supervision who is subject to registration under Article
9-3 6252-13c.1, Revised Statutes, if there is reason to believe that
9-4 the person failed to register or failed to comply with another
9-5 requirement of that article. The person may be held in custody
9-6 pending a determination of all facts surrounding the alleged
9-7 offense, violation of a rule or condition of release, or dangerous
9-8 behavior. A designated agent of the director acts independently
9-9 from a parole officer and must receive specialized training as
9-10 determined by the director. Such warrant shall authorize all
9-11 officers named therein to take actual custody of the prisoner and
9-12 detain and house the prisoner until a parole panel orders the
9-13 return of the prisoner to the institution from which he was
9-14 released. Pending hearing, as hereinafter provided, upon any
9-15 charge of parole violation, ineligible release, or violation of the
9-16 conditions of mandatory supervision, a prisoner returned to custody
9-17 shall remain incarcerated. If the director, a board member, or a
9-18 designated agent of the director or the board is otherwise
9-19 authorized to issue a warrant under this subsection, the pardons
9-20 and paroles division may instead issue to a prisoner a summons
9-21 requiring the prisoner to appear for a hearing under Section 14 of
9-22 this article. The summons must state the time, place, date, and
9-23 purpose of the hearing.
9-24 SECTION 10. Section 18, Article 42.18, Code of Criminal
9-25 Procedure, is amended to read as follows:
9-26 Sec. 18. Confidential Information. (a) Except as provided
9-27 by Subsection (b), all <All> information obtained and maintained in
10-1 connection with inmates of the institutional division subject to
10-2 parole, release to mandatory supervision, or executive clemency, or
10-3 individuals who may be on mandatory supervision or parole and under
10-4 the supervision of the pardons and paroles division, or persons
10-5 directly identified in any proposed plan of release for a prisoner,
10-6 including victim impact statements, lists of inmates eligible for
10-7 parole, and inmates' arrest records, shall be confidential and
10-8 privileged information and shall not be subject to public
10-9 inspection; provided, however, that all such information shall be
10-10 available to the governor, the members of the board, and the
10-11 Criminal Justice Policy Council to perform its duties under Section
10-12 413.021, Government Code, upon request. It is further provided
10-13 that statistical and general information respecting the parole and
10-14 mandatory supervision program and system, including the names of
10-15 paroled prisoners, prisoners released to mandatory supervision, and
10-16 data recorded in connection with parole and mandatory supervision
10-17 services, shall be subject to public inspection at any reasonable
10-18 time.
10-19 (b) This section does not apply to information regarding a
10-20 sex offender if the information is authorized for release under
10-21 Article 6252-13c.1, Revised Statutes.
10-22 SECTION 11. The change in law made by this Act applies only
10-23 to a reportable conviction or adjudication as defined by Article
10-24 6252-13c.1, Revised Statutes, that occurs on or after the effective
10-25 date of this Act or to an order of deferred adjudication for a
10-26 person required to register under that article that is entered by
10-27 the court on or after the effective date of this Act. A reportable
11-1 conviction or adjudication that occurs before the effective date of
11-2 this Act or an order of deferred adjudication that is entered
11-3 before the effective date of this Act is covered by the law in
11-4 effect when the conviction or adjudication occurred or the order
11-5 was entered, and the former law is continued in effect for that
11-6 purpose.
11-7 SECTION 12. This Act takes effect September 1, 1995.
11-8 SECTION 13. The importance of this legislation and the
11-9 crowded condition of the calendars in both houses create an
11-10 emergency and an imperative public necessity that the
11-11 constitutional rule requiring bills to be read on three several
11-12 days in each house be suspended, and this rule is hereby suspended.