By Shapiro S.B. No. 267
74R3577 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; creating offenses
1-4 and providing criminal penalties.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Section 1(5), Article 6252-13c.1, Revised
1-7 Statutes, is amended to read as follows:
1-8 (5) "Reportable conviction or adjudication" means:
1-9 (A) a conviction for violation of Section 21.11
1-10 (Indecency with a child), 22.011 (Sexual assault), 22.021
1-11 (Aggravated sexual assault), 25.02 (Incest), Penal Code;
1-12 (B) a conviction for violation of Section 43.25
1-13 (Sexual performance by a child) or 43.26 (Possession or promotion
1-14 of child pornography), Penal Code;
1-15 (C) the fourth conviction for a violation of
1-16 Section 21.08 (Indecent exposure), Penal Code;
1-17 (D) an adjudication of delinquent conduct based
1-18 on a violation of one of the offenses listed in Paragraph (A) or
1-19 (B) of this subdivision or for which four violations of the
1-20 offenses listed in Paragraph (C) of this subdivision are shown;
1-21 <or>
1-22 (E) a deferred adjudication for an offense
1-23 listed in Paragraph (A) or (B) of this subdivision;
1-24 (F) a conviction for which the judgment contains
2-1 an affirmative finding under Article 42.015, Code of Criminal
2-2 Procedure;
2-3 (G) a conviction under the laws of another state
2-4 for an offense containing elements that are substantially similar
2-5 to the elements of an offense listed under Paragraph (A) or (B) of
2-6 this subdivision; or
2-7 (H) the fourth conviction under the laws of
2-8 another state for an offense containing elements that are
2-9 substantially similar to the elements of the offense of indecent
2-10 exposure.
2-11 SECTION 2. Section 2, Article 6252-13c.1, Revised Statutes,
2-12 is amended by amending Subsections (a) and (b) and adding
2-13 Subsections (d) and (e) to read as follows:
2-14 (a) A person who has a reportable conviction or adjudication
2-15 shall register or, if the person is a person for whom registration
2-16 is completed under Section 3 of this article, verify registration
2-17 as provided by Subsection (d) of this section, with the local law
2-18 enforcement authority in any municipality where the person resides
2-19 or intends to reside for more than seven days. If <or, if> the
2-20 person does not reside or intend to reside in a municipality, the
2-21 person shall register or verify registration in any county where
2-22 the person resides or intends to reside for more than seven days.
2-23 The person shall satisfy the requirements of this subsection
2-24 <register> not later than the seventh day after the person's
2-25 arrival in the municipality or county.
2-26 (b) The department shall provide each local law enforcement
2-27 authority, penal institution, and court with a form for registering
3-1 persons required by this article to register. The registration
3-2 form shall require:
3-3 (1) the person's full name, each alias, date of birth,
3-4 sex, race, height, weight, eye color, hair color, social security
3-5 number, driver's license number, and home address;
3-6 (2) a photograph of the person and a complete set of
3-7 the person's fingerprints;
3-8 (3) <(2)> the type of offense the person was convicted
3-9 of, the date of conviction, and the punishment received; and
3-10 (4) <(3)> any other information required by the
3-11 department.
3-12 (d) A person for whom registration is completed under
3-13 Section 3 of this article shall report to the applicable local law
3-14 enforcement authority to verify the information in the registration
3-15 form received by the authority under Section 3 of this article.
3-16 The authority shall require the person to produce proof of the
3-17 person's identity and residence before the authority gives the
3-18 registration form to the person for verification. If the
3-19 information in the registration form is accurate, the person shall
3-20 verify registration by signing the form. If the information is not
3-21 accurate, the person shall make any necessary corrections before
3-22 signing the form.
3-23 (e) If a person subject to registration under this article
3-24 does not move to an intended residence by the end of the seventh
3-25 day after the date on which the person is released on community
3-26 supervision, parole, or mandatory supervision or the date on which
3-27 the person leaves a previous residence, the person shall:
4-1 (1) report to the community supervision and
4-2 corrections department officer or the parole officer supervising
4-3 the person by not later than the seventh day after the date on
4-4 which the person is released or the date on which the person leaves
4-5 a previous residence, as applicable, and provide the officer with
4-6 the address of the person's temporary residence; and
4-7 (2) continue to report to the person's supervising
4-8 officer not less than weekly during any period of time in which the
4-9 person has not moved to an intended residence and provide the
4-10 officer with the address of the person's temporary residence.
4-11 SECTION 3. Section 3, Article 6252-13c.1, Revised Statutes,
4-12 is amended to read as follows:
4-13 Sec. 3. Prerelease notification. (a) At least 30 days, but
4-14 not earlier than 90 days, before a person who will be subject to
4-15 registration under this article is due to be released from a penal
4-16 institution, an official of the penal institution shall:
4-17 (1) inform the person that:
4-18 (A) not later than the seventh day after the
4-19 date on which the person is released on community supervision,
4-20 parole, or mandatory supervision or the date on which the person
4-21 moves from a previous residence to a new residence in this state,
4-22 the person must:
4-23 (i) register or verify registration with
4-24 the local law enforcement authority in the municipality or county
4-25 in which the person intends to reside; or
4-26 (ii) if the person has not moved to an
4-27 intended residence, report to the community supervision and
5-1 corrections department officer or the parole officer supervising
5-2 the person;
5-3 (B) not later than the seventh day before the
5-4 date on which the person moves to a new residence in this state or
5-5 another state, the person must report in person to the local law
5-6 enforcement authority with whom the person last registered; and
5-7 (C) not later than the 10th day after the date
5-8 on which the person arrives in another state in which the person
5-9 intends to reside, the person must register with the law
5-10 enforcement agency that is identified by the department as the
5-11 agency designated by that state to receive registration
5-12 information, if the other state has a registration requirement for
5-13 sex offenders;
5-14 (2) <of the person's duty to register under this
5-15 article and> require the person to sign a written statement that
5-16 the person was <so> informed of the person's duties as described by
5-17 Subdivision (1) of this subsection or, if the person refuses to
5-18 sign the statement, certify that the person was so informed;
5-19 (3) <(2)> obtain the address where the person expects
5-20 to reside on the person's release and other registration
5-21 information, including a photograph and complete set of
5-22 fingerprints; and
5-23 (4) complete the registration form and send the form
5-24 to <(3) inform> the department and to:
5-25 (A) the applicable local law enforcement
5-26 authority in the municipality or <unincorporated area of the>
5-27 county in which the person expects to reside, if the person expects
6-1 to reside in this state; or
6-2 (B) the law enforcement agency that is
6-3 identified by the department as the agency designated by another
6-4 state to receive registration information, if the person expects to
6-5 reside in that other state and that other state has a registration
6-6 requirement for sex offenders <of the person's name, release date,
6-7 new address, and the offense of which the person was convicted>.
6-8 (b) If a person who is subject to registration under this
6-9 article receives an order deferring adjudication, community
6-10 supervision <probation>, or only a fine, the court pronouncing the
6-11 order or sentence shall conduct the prerelease notification and
6-12 registration requirements specified in Subsection (a) of this
6-13 section on the day of entering the order or sentencing.
6-14 (c) If a person who has a reportable conviction for an
6-15 offense described under Section 1(5)(F), (G), or (H) of this
6-16 article is placed under the supervision of the pardons and paroles
6-17 division of the Texas Department of Criminal Justice or a community
6-18 supervision and corrections department under Article 42.11, Code of
6-19 Criminal Procedure, the division or community supervision and
6-20 corrections department shall conduct the prerelease notification
6-21 and registration requirements specified in Subsection (a) of this
6-22 section on the date the person is placed under the supervision of
6-23 the division or community supervision and corrections department.
6-24 (d) Not later than the seventh day after receiving a
6-25 registration form under Subsection (a), (b), or (c) of this
6-26 section, the local law enforcement authority shall publish notice
6-27 in at least one newspaper of general circulation in the county in
7-1 which the person subject to registration intends to reside and
7-2 shall provide notice to the superintendent of public schools of the
7-3 school district in which the person subject to registration intends
7-4 to reside by mail to the district office. The authority shall
7-5 publish a duplicate notice in the newspaper, with any necessary
7-6 corrections, during the week immediately following the week of
7-7 initial publication.
7-8 (e) The local law enforcement authority shall include in the
7-9 notice by publication in a newspaper the following information
7-10 only:
7-11 (1) the person's name;
7-12 (2) a brief description of the offense for which the
7-13 person is subject to registration; and
7-14 (3) the municipality, street name, and zip code number
7-15 where the person intends to reside.
7-16 (f) The local law enforcement authority shall include in the
7-17 notice to the superintendent of public schools any information the
7-18 authority determines is necessary to protect the public, except:
7-19 (1) the person's social security number, driver's
7-20 license number, or telephone number; and
7-21 (2) any information that would identify the victim of
7-22 the offense for which the person is subject to registration.
7-23 SECTION 4. Section 4, Article 6252-13c.1, Revised Statutes,
7-24 is amended to read as follows:
7-25 Sec. 4. Change of address. (a) If a person required to
7-26 register intends to change <changes> address, the person shall,
7-27 <provide written notice> not later than the seventh day before
8-1 <after> the intended change, report in person to the local law
8-2 enforcement authority with whom the person last registered and
8-3 provide the authority with the person's anticipated move date and
8-4 new address.
8-5 (b) If the person moves to another state that has a
8-6 registration requirement for sex offenders, the person shall, not
8-7 later than the 10th day after the date on which the person arrives
8-8 in the other state, register with the law enforcement agency that
8-9 is identified by the department as the agency designated by that
8-10 state to receive registration information.
8-11 (c) Not later than the third day after receipt of <this>
8-12 notice under Subsection (a) of this section, the local law
8-13 enforcement authority shall forward this information to the
8-14 department and, if the person intends to move to another
8-15 municipality or county in this state, to the applicable local law
8-16 enforcement authority in that municipality or county.
8-17 (d) If a person who reports to a local law enforcement
8-18 authority under Subsection (a) of this section does not move on or
8-19 before the anticipated move date or does not move to the new
8-20 address provided to the authority, the person shall:
8-21 (1) report to the local law enforcement authority with
8-22 whom the person last registered not later than the seventh day
8-23 after the anticipated move date and provide an explanation to the
8-24 authority regarding any changes in the anticipated move date and
8-25 intended residence; and
8-26 (2) report to the community supervision and
8-27 corrections department officer or the parole officer supervising
9-1 the person not less than weekly during any period of time in which
9-2 the person has not moved to an intended residence.
9-3 (e) If the person moves to another <a new> municipality or
9-4 county in this state, the department shall inform the applicable
9-5 local law enforcement authority in the new area of the person's
9-6 residence not later than the third day after the date on which the
9-7 department receives notice under Subsection (a) of this section.
9-8 Not later than the seventh day after the date on which the local
9-9 law enforcement authority is informed under Subsection (a) of this
9-10 section or under this subsection, the authority shall:
9-11 (1) publish notice in at least one newspaper of
9-12 general circulation in the county in which the person subject to
9-13 registration intends to reside; and
9-14 (2) provide notice to the superintendent of public
9-15 schools of the school district in which the person subject to
9-16 registration intends to reside by mail to the district office.
9-17 (f) The local law enforcement authority shall publish a
9-18 duplicate notice in the newspaper, with any necessary corrections,
9-19 during the week immediately following the week of initial
9-20 publication.
9-21 (g) The local law enforcement authority shall include in the
9-22 notice given under Subsections (e)(1) and (f) of this section the
9-23 following information only:
9-24 (1) the person's name;
9-25 (2) a brief description of the offense for which the
9-26 person is subject to registration; and
9-27 (3) the municipality, street name, and zip code number
10-1 where the person intends to reside.
10-2 (h) The local law enforcement authority shall include in the
10-3 notice given under Subsection (e)(2) of this section any
10-4 information the authority determines is necessary to protect the
10-5 public, except:
10-6 (1) the person's social security number, driver's
10-7 license number, or telephone number; and
10-8 (2) any information that would identify the victim of
10-9 the offense for which the person is subject to registration.
10-10 (i) If the person moves to another state, the department
10-11 shall, immediately on receiving notice under Subsection (a) of this
10-12 section:
10-13 (1) inform the law enforcement agency that is
10-14 designated by the other state to receive registration information,
10-15 if that state has a registration requirement for sex offenders; and
10-16 (2) send to the Federal Bureau of Investigation a copy
10-17 of the person's registration form, including the record of
10-18 conviction and a complete set of fingerprints.
10-19 SECTION 5. Section 5, Article 6252-13c.1, Revised Statutes,
10-20 is amended to read as follows:
10-21 Sec. 5. CENTRAL DATABASE; PUBLIC <CONFIDENTIAL> INFORMATION.
10-22 (a) The department shall maintain a computerized central database
10-23 containing only the information required for registration under
10-24 this article.
10-25 (b) The information contained in the database is public
10-26 information, with the exception of any information:
10-27 (1) regarding the person's social security number,
11-1 driver's license number, or telephone number; or
11-2 (2) that would identify the victim of the offense for
11-3 which the person is subject to registration.
11-4 (c) The department shall release public information
11-5 described under Subsection (b) of this section to any person who
11-6 submits to the department a written request for the information <A
11-7 person who releases the information required for registration under
11-8 this article to a person other than a full time, fully paid,
11-9 employed law enforcement officer commits an offense.>
11-10 <(b) An offense under this section is a Class B
11-11 misdemeanor>.
11-12 SECTION 6. Article 6252-13c.1, Revised Statutes, is amended
11-13 by adding Section 5A to read as follows:
11-14 Sec. 5A. IMMUNITY FOR RELEASE OF PUBLIC INFORMATION. (a)
11-15 The department, a penal institution, or a local law enforcement
11-16 authority may release to the public information regarding a person
11-17 required to register if the information is public information under
11-18 this article.
11-19 (b) An individual, agency, entity, or authority is not
11-20 liable under Chapter 101, Civil Practice and Remedies Code, or any
11-21 other law for damages arising from conduct authorized by Subsection
11-22 (a) of this section.
11-23 (c) For purposes of determining liability, the release or
11-24 withholding of information by an appointed or elected officer of an
11-25 agency, entity, or authority is a discretionary act.
11-26 SECTION 7. Article 6252-13c.1, Revised Statutes, is amended
11-27 by adding Section 5B to read as follows:
12-1 Sec. 5B. RELEASE OF NONPUBLIC INFORMATION. (a) A person
12-2 commits an offense if the person releases, to any member of the
12-3 public, information regarding a person required to register if the
12-4 information is not public information under this article.
12-5 (b) An offense under this section is a Class B misdemeanor.
12-6 SECTION 8. Section 8(a), Article 6252-13c.1, Revised
12-7 Statutes, is amended to read as follows:
12-8 (a) This article applies only to a reportable conviction or
12-9 adjudication:
12-10 (1) occurring on or after:
12-11 (A) September 1, 1991, if the conviction is for
12-12 or the adjudication is based on an offense listed in Section
12-13 1(5)(A) or (C) of this article; <or>
12-14 (B) September 1, 1993, if the conviction is for
12-15 or the adjudication is based on an offense listed in Section
12-16 1(5)(B) of this article; or
12-17 (C) September 1, 1995, if the conviction is for
12-18 an offense described under Section 1(5)(F), (G), or (H) of this
12-19 article; or
12-20 (2) for which an order of deferred adjudication is
12-21 entered by the court on or after September 1, 1993.
12-22 SECTION 9. Chapter 42, Code of Criminal Procedure, is
12-23 amended by adding Article 42.015 to read as follows:
12-24 Art. 42.015. FINDING OF SEXUAL MOTIVATION. In the trial of
12-25 an offense, the court shall make an affirmative finding of fact and
12-26 enter the affirmative finding in the judgment in the case if the
12-27 court determines that the defendant committed the offense with an
13-1 intent to arouse or gratify the sexual desire of:
13-2 (1) the defendant, if at the time of the offense the
13-3 object of the desire was a person younger than 17 years of age; or
13-4 (2) any person who at the time of the offense was
13-5 younger than 17 years of age.
13-6 SECTION 10. Article 42.01, Code of Criminal Procedure, is
13-7 amended by adding Section 7 to read as follows:
13-8 Sec. 7. In addition to the information described by Section
13-9 1, the judgment should reflect affirmative findings entered
13-10 pursuant to Article 42.015.
13-11 SECTION 11. Section 19, Article 42.12, Code of Criminal
13-12 Procedure, is amended by adding Subsection (g) to read as follows:
13-13 (g) If the judge places on community supervision a person
13-14 required to register under Article 6252-13c.1, Revised Statutes,
13-15 the judge shall require as a condition of community supervision
13-16 that the person pay to the person's supervising officer a fee that
13-17 equals the actual cost to the applicable local law enforcement
13-18 authority for publishing notice in a newspaper as required by
13-19 Article 6252-13c.1. A community supervision and corrections
13-20 department shall remit fees collected under this subsection to the
13-21 applicable local law enforcement authority to reimburse the
13-22 authority for actual cost incurred by the authority, as evidenced
13-23 by written receipt, for publishing notice in a newspaper as
13-24 required by Article 6252-13c.1. In a community supervision
13-25 revocation hearing at which it is alleged only that the person
13-26 violated the terms of community supervision by failing to make a
13-27 payment under this subsection, the inability of the person to pay
14-1 as ordered by the judge is an affirmative defense to revocation,
14-2 which the person must prove by a preponderance of the evidence.
14-3 SECTION 12. Section 8, Article 42.18, Code of Criminal
14-4 Procedure, is amended by adding Subsection (r) to read as follows:
14-5 (r) In addition to other conditions and fees imposed by a
14-6 parole panel under this article, the parole panel shall require as
14-7 a condition of parole or release to mandatory supervision that a
14-8 person required to register under Article 6252-13c.1, Revised
14-9 Statutes, pay to the person's supervising officer a fee that equals
14-10 the actual cost to the applicable local law enforcement authority
14-11 for publishing notice in a newspaper as required by Article
14-12 6252-13c.1. The pardons and paroles division shall remit fees
14-13 collected under this subsection to the applicable local law
14-14 enforcement authority to reimburse the authority for actual cost
14-15 incurred by the authority, as evidenced by written receipt, for
14-16 publishing notice in a newspaper as required by Article 6252-13c.1.
14-17 In a parole or mandatory supervision revocation hearing under
14-18 Section 14 at which it is alleged only that the person failed to
14-19 make a payment under this subsection, the inability of the person
14-20 to pay as ordered by a parole panel is an affirmative defense to
14-21 revocation, which the person must prove by a preponderance of the
14-22 evidence.
14-23 SECTION 13. Section 18, Article 42.18, Code of Criminal
14-24 Procedure, is amended to read as follows:
14-25 Sec. 18. Confidential Information. (a) Except as provided
14-26 by Subsection (b), all <All> information obtained and maintained in
14-27 connection with inmates of the institutional division subject to
15-1 parole, release to mandatory supervision, or executive clemency, or
15-2 individuals who may be on mandatory supervision or parole and under
15-3 the supervision of the pardons and paroles division, or persons
15-4 directly identified in any proposed plan of release for a prisoner,
15-5 including victim impact statements, lists of inmates eligible for
15-6 parole, and inmates' arrest records, shall be confidential and
15-7 privileged information and shall not be subject to public
15-8 inspection; provided, however, that all such information shall be
15-9 available to the governor, the members of the board, and the
15-10 Criminal Justice Policy Council to perform its duties under Section
15-11 413.021, Government Code, upon request. It is further provided
15-12 that statistical and general information respecting the parole and
15-13 mandatory supervision program and system, including the names of
15-14 paroled prisoners, prisoners released to mandatory supervision, and
15-15 data recorded in connection with parole and mandatory supervision
15-16 services, shall be subject to public inspection at any reasonable
15-17 time.
15-18 (b) This section does not apply to information regarding a
15-19 sex offender if the information is authorized for release under
15-20 Article 6252-13c.1, Revised Statutes.
15-21 SECTION 14. Section 6, Article 6252-13c.1, Revised Statutes,
15-22 is repealed.
15-23 SECTION 15. The change in law made by this Act to Article
15-24 6252-13c.1, Revised Statutes, applies only to a reportable
15-25 conviction or adjudication as defined by Article 6252-13c.1,
15-26 Revised Statutes, that occurs on or after the effective date of
15-27 this Act or to an order of deferred adjudication for a person
16-1 required to register under that article that is entered by the
16-2 court on or after the effective date of this Act. A reportable
16-3 conviction or adjudication that occurs before the effective date of
16-4 this Act or an order of deferred adjudication that is entered
16-5 before the effective date of this Act is covered by the law in
16-6 effect when the conviction or adjudication occurred or the order
16-7 was entered, and the former law is continued in effect for that
16-8 purpose.
16-9 SECTION 16. (a) The change in law made by Sections 9 and 10
16-10 of this Act applies only to an offense committed on or after the
16-11 effective date of this Act. For purposes of this section, an
16-12 offense is committed before the effective date of this Act if any
16-13 element of the offense occurs before the effective date.
16-14 (b) An offense committed before the effective date of this
16-15 Act is covered by the law in effect when the offense was committed,
16-16 and the former law is continued in effect for that purpose.
16-17 SECTION 17. This Act takes effect September 1, 1995.
16-18 SECTION 18. The importance of this legislation and the
16-19 crowded condition of the calendars in both houses create an
16-20 emergency and an imperative public necessity that the
16-21 constitutional rule requiring bills to be read on three several
16-22 days in each house be suspended, and this rule is hereby suspended.