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


Senate Research Center   S.B. 1650
76R4747 PEP-DBy: Jackson
Criminal Justice
4/16/1999
As Filed


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 would establish provisions regarding the public notice
requirements applicable to persons who are subject to sex offender
registration. 

PURPOSE

As proposed, 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, 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, assign the person to a numeric risk level, 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.  Sets forth requirements by which the Texas Department of Criminal
Justice (TDCJ) establishes a risk assessment review committee (committee)
to be composed of at least five members having experience in various
professional fields.  Requires the committee to develop a screening tool to
be used in determining the risk level of a person subject to registration
under this chapter.  Provides that the screening tool must 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 in developing the sex offender screening
tool consisting of three levels.   

SECTION 3.  Amends Articles 62.04(f) and (g), Code of Criminal Procedure,
to make conforming and nonsubstantive 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 or intends to move to a new
residence in this state, the TDCJ requires verification of the person's
assigned risk level.  Requires a notice of release by TDCJ within a certain
amount of time to notify by mail or delivery everyone within a certain
radius of the place where the person intends to reside.  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.  Requires the person about whom
the notice is written to pay the costs in accordance with TDJC's
procedures. 

SECTION 5.  Amends Section 19(g), Article 42.12, Code of Criminal
Procedure, to make conforming changes. 

SECTION 6.  Amends Section 508.186(a), Government Code, to make conforming
changes. 

SECTION 7.  Provides that this Act, to the extent of any conflict, prevails
over another Act of the 76th Legislature, Regular Session, 1999, relating
to nonsubstantive additions and corrections in enacted codes. 

SECTION 8.  Requires the Texas Department of Public Safety to establish the
risk assessment review committee not later than October 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 9.  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 10.  Emergency clause.
              Effective date: upon passage.