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.