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.