SRC-JJJ S.B. 1650 76(R)BILL ANALYSIS


Senate Research CenterS.B. 1650
By: Jackson
Criminal Justice
7/27/1999
Enrolled


DIGEST 

Currently, Texas law  requires persons subject to sex offender registration
to register with certain authorities upon release from a penal institution.
S.B. 1650 will establish provisions regarding the public notice
requirements applicable to persons who are subject to sex offender
registration. 

PURPOSE

As enrolled, S.B. 1650 establishes provisions regarding the public notice
requirements applicable to persons who are subject to sex offender
registration. 

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 Articles 62.03(a), (b), (c), (e), and (f), Code of
Criminal Procedure, to require the risk assessment review committee
(committee) established under Article 62.035, before a person subject to
registration is due to be released,  to determine the person's level of
risk to a community using the sex offender screening tool developed or
selected, assign to the person a numeric risk level of one or two, and
immediately send a written notice to the institution from which the person
is being released.  Sets forth requirements for the institution upon
receiving notice regarding a person's sex offender status.  Makes
conforming and nonsubstantive changes.   

SECTION 2.  Amends Chapter 62, Code of Criminal Procedure, by adding
Article 62.035, as follows: 

Art. 62.035.  RISK ASSESSMENT REVIEW COMMITTEE; SEX OFFENDER SCREENING
TOOL. Requires the Texas Department of Criminal Justice (TDCJ) to establish
a risk assessment review committee to be composed of at least five members
each of whom is employed by the state.  Sets forth certain individuals
authorized to compose the committee.  Requires the committee to develop a
screening tool, or select from existing tools, to be used in determining
the risk level of a person subject to registration under this chapter.
Requires the screening tool to use an objective point system under which to
assign points to various factors regarding the offender, the victim, and
other relevant information.  Sets forth general guidelines the committee
shall use or adopt in developing the sex offender screening tool consisting
of three levels.  Sets forth conditions under which the risk assessment
review committee may assign to a person a numeric risk level of three only
on receipt of notice that the person intends to move to a new residence in
this state.  

SECTION 3.  Amends Subsections (d), (f), and (g), Article 62.04, Code of
Criminal Procedure, to require the local law enforcement authority to
forward certain information to the committee established under Article
62.035(c)(3), and if the person meets the criteria, to be assigned a
numeric risk level of three.  Requires the committee to make certain
determinations and send the notice to the local law enforcement authority
in the city or county where the person intends to reside.  Makes conforming
changes. 

SECTION 4.  Amends Chapter 62, Code of Criminal Procedure, by adding
Article 62.045, as  follows: 

Art. 62.045.  ADDITIONAL PUBLIC NOTICE FOR CERTAIN OFFENDERS.  Provides
that on the receipt of notice that a person subject to registration is due
to be released from a penal institution, has been placed on community
supervision or juvenile probation, or intends to move to a new residence in
this state, TDCJ shall verify the person's assigned risk level. Requires
TDCJ, by a certain date, to provide a notice of release to notify by mail
or delivery everyone within a certain radius of the place where the person
intends to reside.  Requires TDCJ, in providing written notice, to use
employees of TDCJ whose duties in providing the notice are in addition to
the employee's regular duties.  Requires TDCJ to include in the notice only
public information.  Requires TDCJ to develop procedures for the person
about whom the notice is written to pay all costs incurred due to
distribution of the notice, with exceptions.  Requires the person about
whom the notice is written to pay the costs in accordance with TDJC's
procedures.  Sets forth appropriate options regarding the distribution of
the public notice for local law enforcement agencies, and information that
may be included.  Provides that an owner of a single-family residential
property or the owner's agent has no duty to make a disclosure to a
prospective buyer or tenant about registrants. 

SECTION 5.  Requires the Texas Department of Criminal Justice to establish
the risk assessment review committee not later than September 1, 1999.
Requires the sex offender review committee to develop the sex offender
screening tool not later than December 1, 1999, and to have the tool
available for use in cases not later than December 15, 1999.  Requires the
sex offender screening tool numeric risk levels to be assigned  to
necessary offenders on or after January 1, 2000. 

SECTION 6.  Requires TDCJ to establish the procedures required by Article
62.045, Code of Criminal Procedure, not later than January 1, 2000.  Makes
application of this Act prospective to January 1, 2000.   

SECTION 7.Emergency clause.
         Effective date: upon passage.