By Uresti H.B. No. 3115
76R9023 PEP-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to requiring persons convicted of certain offenses
1-3 involving a controlled substance to register with local law
1-4 enforcement; providing a penalty.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Chapter 481, Health and Safety Code, is amended
1-7 by adding Subchapter H to read as follows:
1-8 SUBCHAPTER H. REGISTRATION REQUIREMENTS
1-9 Sec. 481.251. DEFINITIONS. In this subchapter:
1-10 (1) "Local law enforcement authority" has the meaning
1-11 assigned by Chapter 62, Code of Criminal Procedure, as added by
1-12 Chapter 668, Acts of the 75th Legislature, Regular Session, 1997.
1-13 (2) "Penal institution" means a confinement facility
1-14 operated by or under a contract with any division of the Texas
1-15 Department of Criminal Justice.
1-16 (3) "Released" means discharged or released on parole
1-17 or to mandatory supervision.
1-18 (4) "Reportable conviction" means a conviction for a
1-19 violation of an offense under Subchapter D punishable as a felony
1-20 of the first degree.
1-21 Sec. 481.252. REGISTRATION. (a) A person who has a
1-22 reportable conviction shall register, or verify registration as
1-23 provided by Subsection (c), with the local law enforcement
1-24 authority in any municipality where the person resides or intends
2-1 to reside for more than seven days. If the person does not reside
2-2 or intend to reside in a municipality, the person shall register or
2-3 verify registration in any county where the person resides or
2-4 intends to reside for more than seven days. The person shall
2-5 satisfy the requirements of this subsection not later than the
2-6 seventh day after the person's arrival in the municipality or
2-7 county.
2-8 (b) The department shall provide the Texas Department of
2-9 Criminal Justice and each local law enforcement authority with a
2-10 form for registering persons required by this subchapter to
2-11 register. The registration form shall require:
2-12 (1) the person's full name, each alias, date of birth,
2-13 sex, race, height, weight, eye color, hair color, social security
2-14 number, driver's license number, and home address; and
2-15 (2) the offense the person was convicted of, the date
2-16 of conviction, and the punishment received.
2-17 (c) A person for whom registration is completed under this
2-18 subchapter shall report to the applicable local law enforcement
2-19 authority to verify the information in the registration form
2-20 received by the authority under this subchapter. The authority
2-21 shall require the person to produce proof of the person's identity
2-22 and residence before the authority gives the registration form to
2-23 the person for verification. If the information in the
2-24 registration form is complete and accurate, the person shall verify
2-25 registration by signing the form. If the information is not
2-26 complete or not accurate, the person shall make any necessary
2-27 additions or corrections before signing the form.
3-1 Sec. 481.253. PRERELEASE NOTIFICATION. (a) Before a person
3-2 who will be subject to registration under this subchapter is due to
3-3 be released from a penal institution, an official of the penal
3-4 institution shall:
3-5 (1) inform the person of the person's duties under
3-6 this subchapter;
3-7 (2) obtain the address where the person expects to
3-8 reside on the person's release and other registration information;
3-9 and
3-10 (3) complete the registration form for the person.
3-11 (b) On the seventh day before the date on which a person who
3-12 will be subject to registration under this subchapter is due to be
3-13 released from a penal institution, or on receipt of notice by a
3-14 penal institution that a person who will be subject to registration
3-15 under this subchapter is due to be released in less than seven
3-16 days, an official of the penal institution shall send the person's
3-17 completed registration form to the department and to the applicable
3-18 local law enforcement authority in the municipality or county in
3-19 which the person intends to reside.
3-20 (c) On receiving a registration form under this section, the
3-21 local law enforcement authority shall provide notice to the
3-22 superintendent of the public school district and to the
3-23 administrator of any private primary or secondary school located in
3-24 the public school district in which the person subject to
3-25 registration intends to reside by mail to the office of the
3-26 superintendent or administrator, as appropriate. The local law
3-27 enforcement authority shall include in the notice any information
4-1 the authority determines is necessary to protect the public, except
4-2 the person's social security number, driver's license number, or
4-3 telephone number.
4-4 Sec. 481.254. CHANGE OF ADDRESS. (a) If a person required
4-5 to register intends to change address, the person shall, not later
4-6 than the seventh day before the intended change, report in person
4-7 to the local law enforcement authority with whom the person last
4-8 registered and to the parole officer supervising the person and
4-9 provide the authority and the officer with the person's anticipated
4-10 move date and new address.
4-11 (b) Not later than the third day after receipt of notice
4-12 under Subsection (a), the person's parole officer shall forward the
4-13 information provided under Subsection (a) to the department, to the
4-14 local law enforcement authority with whom the person last
4-15 registered, and to the applicable local law enforcement authority
4-16 in the municipality or county in which the person intends to
4-17 reside.
4-18 (c) On receipt of information under this section, the local
4-19 law enforcement authority in the municipality or county in which
4-20 the person intends to reside shall provide notice to the
4-21 superintendent of the public school district and to the
4-22 administrator of any private primary or secondary school located in
4-23 the public school district in which the person subject to
4-24 registration intends to reside by mail to the office of the
4-25 superintendent or administrator, as appropriate. The local law
4-26 enforcement authority shall include in the notice any information
4-27 the authority determines is necessary to protect the public, except
5-1 the person's social security number, driver's license number, or
5-2 telephone number.
5-3 Sec. 481.255. FAILURE TO COMPLY WITH REGISTRATION
5-4 REQUIREMENTS. (a) A person commits an offense if the person is
5-5 required to register and fails to register under this subchapter.
5-6 (b) An offense under this article is a state jail felony.
5-7 Sec. 481.256. EXPIRATION OF DUTY TO REGISTER. The duty to
5-8 register for a person with a reportable conviction under this
5-9 subchapter expires on the 10th anniversary of the date on which the
5-10 person is released from a penal institution having discharged the
5-11 person's sentence or completes the person's period of parole or
5-12 release on mandatory supervision.
5-13 SECTION 2. This Act takes effect September 1, 1999. The
5-14 change in law made by this Act applies only to a person subject to
5-15 the requirements of Subchapter H, Chapter 481, Health and Safety
5-16 Code, as added by this Act, for a reportable conviction, as defined
5-17 by Section 481.251, Health and Safety Code, as added by this Act,
5-18 that occurs on or after the effective date of this Act. A person
5-19 subject to the requirements of Subchapter H, Chapter 481, Health
5-20 and Safety Code, as added by this Act, for a reportable conviction,
5-21 as defined by Section 481.251, Health and Safety Code, as added by
5-22 this Act, that occurred before the effective date of this Act is
5-23 covered by the law in effect when the reportable conviction
5-24 occurred, and the former law is continued in effect for that
5-25 purpose.
5-26 SECTION 3. The importance of this legislation and the
5-27 crowded condition of the calendars in both houses create an
6-1 emergency and an imperative public necessity that the
6-2 constitutional rule requiring bills to be read on three several
6-3 days in each house be suspended, and this rule is hereby suspended.