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.