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


Senate Research CenterC.S.S.B. 1650
76R13098 PEP-DBy: Jackson
Criminal Justice
4/23/1999
Committee Report (Substituted)


DIGEST 

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

PURPOSE

As proposed, C.S.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 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. 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 are 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.   

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, 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 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. 

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 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 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.

SUMMARY OF COMMITTEE CHANGES

SECTION 1.

Amends Articles 62.03(a), (b), (c), (e), and (f), Code of Criminal
Procedures, to establish a sex offender screening tool developed or
selected for a risk assessment review committee. 

SECTION 2.  

Amends Article 62.035, Code of Criminal Procedure, to require TDCJ to
establish a risk assessment review committee to be composed of at least
five members each of whom are employed by the state.  Sets forth certain
individuals authorized to compose the committee. Sets forth general
guidelines the committee shall use or adopt in developing the sex offender
screening tool consisting of three levels.   

SECTION 4.

Amends Article 62.045, Code of Criminal Procedure, to provide that a person
that has been placed on community supervision or juvenile probation is
subject to registration.  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. 

SECTION 8.  

Requires the Texas Department of Public Safety to establish the risk
assessment review committee not later than September 1, 1999, rather than
October 1, 1999.