By McClendon H.B. No. 138 76R67 PEP-D A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the release of information regarding a registered sex 1-3 offender to certain school personnel. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Article 62.03(e), Code of Criminal Procedure, is 1-6 amended to read as follows: 1-7 (e) Not later than the eighth day after receiving a 1-8 registration form under Subsection (b), (c), or (d), the local law 1-9 enforcement authority shall verify the age of the victim and the 1-10 basis on which the person is subject to registration under this 1-11 chapter. If the victim is a child younger than 17 years of age and 1-12 the basis on which the person is subject to registration is not an 1-13 adjudication of delinquent conduct and is not a conviction or a 1-14 deferred adjudication for an offense under Section 25.02, Penal 1-15 Code, the authority shall immediately publish notice in English and 1-16 Spanish in the newspaper of greatest paid circulation in the county 1-17 in which the person subject to registration intends to reside or, 1-18 if there is no newspaper of paid circulation in that county, in the 1-19 newspaper of greatest general circulation in the county. The 1-20 authority shall publish a duplicate notice in the newspaper, with 1-21 any necessary corrections, during the week immediately following 1-22 the week of initial publication. If the victim is a child younger 1-23 than 17 years of age, regardless of the basis on which the person 1-24 is subject to registration, the authority shall immediately provide 2-1 notice to the superintendent of the public school district and to 2-2 the administrator of any private primary or secondary school 2-3 located in the public school district in which the person subject 2-4 to registration intends to reside by mail to the office of the 2-5 superintendent or administrator, as appropriate. On receipt of a 2-6 notice under this subsection, the superintendent shall release the 2-7 information contained in the notice to appropriate school district 2-8 personnel, including peace officers and security personnel, 2-9 principals, nurses, and counselors. 2-10 SECTION 2. Article 62.04(f), Code of Criminal Procedure, is 2-11 amended to read as follows: 2-12 (f) If the person moves to another municipality or county in 2-13 this state, the department shall inform the applicable local law 2-14 enforcement authority in the new area of the person's residence not 2-15 later than the third day after the date on which the department 2-16 receives information under Subsection (a). Not later than the 2-17 eighth day after the date on which the local law enforcement 2-18 authority is informed under Subsection (a) or under this 2-19 subsection, the authority shall verify the age of the victim and 2-20 the basis on which the person is subject to registration under this 2-21 chapter. If the victim is a child younger than 17 years of age and 2-22 the basis on which the person is subject to registration is not an 2-23 adjudication of delinquent conduct and is not a conviction or a 2-24 deferred adjudication for an offense under Section 25.02, Penal 2-25 Code, the authority shall immediately publish notice in English and 2-26 Spanish in the newspaper of greatest paid circulation in the county 2-27 in which the person subject to registration intends to reside or, 3-1 if there is no newspaper of paid circulation in that county, in the 3-2 newspaper of greatest general circulation in the county. The local 3-3 law enforcement authority shall publish a duplicate notice in the 3-4 newspaper, with any necessary corrections, during the week 3-5 immediately following the week of initial publication. If the 3-6 victim is a child younger than 17 years of age, regardless of the 3-7 basis on which the person is subject to registration, the authority 3-8 shall immediately provide notice to the superintendent of the 3-9 public school district and to the administrator of any private 3-10 primary or secondary school located in the public school district 3-11 in which the person subject to registration intends to reside by 3-12 mail to the office of the superintendent or administrator, as 3-13 appropriate. On receipt of a notice under this subsection, the 3-14 superintendent shall release the information contained in the 3-15 notice to appropriate school district personnel, including peace 3-16 officers and security personnel, principals, nurses, and 3-17 counselors. 3-18 SECTION 3. This Act takes effect September 1, 1999. 3-19 SECTION 4. The importance of this legislation and the 3-20 crowded condition of the calendars in both houses create an 3-21 emergency and an imperative public necessity that the 3-22 constitutional rule requiring bills to be read on three several 3-23 days in each house be suspended, and this rule is hereby suspended.