SRC-JJJ S.B. 1224 76(R)BILL ANALYSIS Senate Research CenterS.B. 1224 By: Shapiro Criminal Justice 7/26/1999 Enrolled DIGEST Currently, Texas law requires sex offenders who meet certain conditions to register as a sex offender. There are situations that have taken place over the past few years that have shown us the weaknesses in our sex offender registration program. S.B. 1224 will establish provisions regarding sex offender registration for which a person who is in noncompliance commits a criminal offense. PURPOSE As enrolled, S.B. 1224 establishes provisions regarding sex offender registration and provisions of the sex offender registration law for which a person who is in noncompliance commits a criminal offense. RULEMAKING AUTHORITY This bill does not grant any additional rulemaking authority to a state officer, institution, or agency. SECTION BY SECTION ANALYSIS SECTION 1. Amends Article 62.02(a), Code of Criminal Procedure, to require a person who has a reportable conviction or adjudication or who is required to register as a condition of parole, release to mandatory supervision, or community supervision to register or verify registration with the local law enforcement authority. SECTION 2. Amends Chapter 62, Code of Criminal Procedure, by adding Article 62.021, as follows: Art. 62.021. OUT-OF-STATE REGISTRANTS. Provides that this article applies to a person who is required to register as a sex offender under the laws of another state with which the Department of Public Safety (DPS) has entered into a reciprocal registration agreement and who is not otherwise required to register because certain requirements are fulfilled. Requires a person to comply with the annual verification requirements in the same manner as a person who is required to verify registration on the basis of a reportable conviction or adjudication. Provides that the expiration date of the duty for a person to register expires on the date the person's duty to register would expire in the other state had the person remained in that state. Authorizes DPS to negotiate and enter into a reciprocal registration agreement with any other state to prevent residents from frustrating the public purpose of the registration of sex offenders by moving from one state to another. SECTION 3. Amends Article 62.03(e), Code of Criminal Procedure, to require local law enforcement to verify the age of the victim, the age of the person subject to registration, and the reason for registering, not later than the eighth day after receiving a registration form. Provides that if the victim is a child younger than 17 years of age or the person subject to registration is 17 years of age or older and a student enrolled in a public or private secondary school, the authority will immediately notify certain individuals. SECTION 4. Amends Articles 62.04(a) and (f), Code of Criminal Procedure, to require a person to report to certain authorities within seven days of changing addresses, the person's new address and provide the authority with proof of identity and residence, if a person is required to register address changes. Makes conforming changes. SECTION 5. (a) Amends Chapter 62, Code of Criminal Procedure, by adding Article 62.0451, as follows: Art. 62.0451. ADDITIONAL PUBLIC NOTICE FOR INDIVIDUALS SUBJECT TO CIVIL COMMITMENT. Requires DPS, within a prescribed amount of time, upon receipt of notice of the release of a registered sexually violent predator from a penal institution or intent to move to a new residence in this state, to provide written notice mailed or delivered to at least each residential address within a certain radius of the place where the person intends to reside. Requires DPS to include only public information in the notice. Requires DPS to establish procedures for a person with respect to whom the notice is provided to pay DPS all costs incurred in providing the notice. Requires a person to pay those costs in accordance with established procedures. Provides that DPS's duty to provide notice with regard to a particular person ends on the date in which a court releases the person from all requirements of the civil commitment process. (b) Amends Chapter 62, Code of Criminal Procedure, by adding Article 62.061, as follows: Art. 62.061. VERIFICATION OF INDIVIDUALS SUBJECT TO COMMITMENT. Requires a person subject to registration as a sexually violent predator to report to the local law enforcement authority with whom the person is required to register not less than once in each 30-day period following the date the person first registered to verify the information in the registration form maintained by the authority. Establishes the required time frame by which the person required to register complies with this subsection. Sets forth requirements regarding registration for a person on the date that a court releases the person from all requirements of the civil commitment process. (c) Amends Chapter 62, Code of Criminal Procedure, by adding Article 62.101, as follows: Art. 62.101. FAILURE TO COMPLY: INDIVIDUALS SUBJECT TO COMMITMENT. Provides that a person commits an offense if the person fails to comply with any requirements of this chapter. Establishes that an offense under this section is a felony of the second degree. (d) Effective date of SECTION 5 of this Act is January 1, 2000, providing that an Act of the 76th Legislature, Regular Session, 1999, establishes a process for the civil commitment of sex offenders becomes law before that date; otherwise the section has no effect. SECTION 6. Amends Article 62.05, Code of Criminal Procedure, to require the person to report to authorities any change in the person's physical health or job status within seven days of a change, if a person required to register is not supervised by an officer , the person shall report. Sets forth descriptions of a change on job status and a person's health status. SECTION 7. Amends Articles 62.06(a) and (b), Code of Criminal Procedure, to require certain individuals to register once each year not earlier than 30 days before and not after 30 days from the person's birthday, rather than when the person first registered. Sets forth descriptions of a person complying with the requirements. Sets forth conditions by which a registrant may have to report not less than once in each 90-day period, rather than if the person has on two or more occasions been convicted of or received an order of deferred adjudication for a sexually violent offense. Makes conforming changes. SECTION 8. Amends Chapter 62, Code of Criminal Procedure, by adding Article 62.062, as follows: Art. 62.062. REGISTRATION OF PERSONS REGULARLY VISITING LOCATION. Sets forth reporting requirements for a person subject to registration who, on at least three occasions during any month, spends more than 48 consecutive hours in a municipality or county in this state, other than the one in which the person is registered. Sets forth information by which a person described by Subsection (a) shall provide to the local law enforcement authority. Provides that this article does not impose on a local law enforcement authority requirements of certain notification relating to a person about whom the authority is not otherwise required to make notifications. SECTION 9. Amends Articles 62.10(b) and (c), Code of Criminal Procedure, to establish requirements and punishment of an offense under this article. Deletes text requiring a person to be punished for a felony of the third degree. SECTION 10. Provides that in order to accomplish the change in law relating to persons required to report to local law enforcement authority with whom a person verifies registration by reporting within an allotted time frame, the authority shall inform the person that on the next occasion and each succeeding occasion on which the person verifies registration, the person must comply with certain articles of this Act. Provides that the change in law to which this section applies does not affect the validity of any action taken by a person to verify registration before the person is provided the opportunity to be informed of the changes made. SECTION 11. Effective date: September 1, 1999. SECTION 12. Emergency clause.