By Shapiro S.B. No. 1224
76R6221 GWK-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to sex offender registration and to provisions of the sex
1-3 offender registration law for which a person who is in
1-4 noncompliance commits a criminal offense.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Chapter 62, Code of Criminal Procedure, as added
1-7 by Chapter 668, Acts of the 75th Legislature, Regular Session,
1-8 1997, is amended by adding Article 62.021 to read as follows:
1-9 Art. 62.021. OUT-OF-STATE REGISTRANTS. (a) This article
1-10 applies to a person who is required to register as a sex offender
1-11 under the laws of another state with which the department has
1-12 entered into a reciprocal registration agreement and who is not
1-13 otherwise required to register under this chapter because:
1-14 (1) the person does not have a reportable conviction
1-15 for an offense under the laws of the other state containing
1-16 elements that are substantially similar to an offense requiring
1-17 registration under this chapter; or
1-18 (2) the person does not have a reportable adjudication
1-19 of delinquent conduct based on a violation of an offense under the
1-20 laws of the other state containing elements that are substantially
1-21 similar to an offense requiring registration under this chapter.
1-22 (b) A person described by Subsection (a) is required to
1-23 comply with the annual verification requirements of Article 62.06
1-24 in the same manner as is a person who is required to verify
2-1 registration on the basis of a reportable conviction or
2-2 adjudication.
2-3 (c) The expiration of the duty to register for a person
2-4 described by Subsection (a) expires on the date the person's duty
2-5 to register would expire in the other state had the person remained
2-6 in that state.
2-7 (d) The department may negotiate and enter into a reciprocal
2-8 registration agreement with any other state to prevent residents of
2-9 this state and residents of the other state from frustrating the
2-10 public purpose of the registration of sex offenders by moving from
2-11 one state to the other.
2-12 SECTION 2. Article 62.03(e), Code of Criminal Procedure, is
2-13 amended to read as follows:
2-14 (e) Not later than the eighth day after receiving a
2-15 registration form under Subsection (b), (c), or (d), the local law
2-16 enforcement authority shall verify the age of the victim, the age
2-17 of the person subject to registration, and the basis on which the
2-18 person is subject to registration under this chapter. If the
2-19 victim is a child younger than 17 years of age and the basis on
2-20 which the person is subject to registration is not an adjudication
2-21 of delinquent conduct and is not a conviction or a deferred
2-22 adjudication for an offense under Section 25.02, Penal Code, the
2-23 authority shall immediately publish notice in English and Spanish
2-24 in the newspaper of greatest paid circulation in the county in
2-25 which the person subject to registration intends to reside or, if
2-26 there is no newspaper of paid circulation in that county, in the
2-27 newspaper of greatest general circulation in the county. The
3-1 authority shall publish a duplicate notice in the newspaper, with
3-2 any necessary corrections, during the week immediately following
3-3 the week of initial publication. If the victim is a child younger
3-4 than 17 years of age or the person subject to registration is 17
3-5 years of age or older and a student enrolled in a public or private
3-6 secondary school, regardless of the basis on which the person is
3-7 subject to registration, the authority shall immediately provide
3-8 notice to the superintendent of the public school district and to
3-9 the administrator of any private primary or secondary school
3-10 located in the public school district in which the person subject
3-11 to registration intends to reside by mail to the office of the
3-12 superintendent or administrator, as appropriate.
3-13 SECTION 3. Article 62.04(a), Code of Criminal Procedure, is
3-14 amended to read as follows:
3-15 (a) If a person required to register intends to change
3-16 address, regardless of whether the person intends to move to
3-17 another state, the person shall, not later than the seventh day
3-18 before the intended change, report in person to the local law
3-19 enforcement authority with whom the person last registered and to
3-20 the juvenile probation officer, community supervision and
3-21 corrections department officer, or parole officer supervising the
3-22 person and provide the authority and the officer with the person's
3-23 anticipated move date and new address. If a person required to
3-24 register changes address, the person shall, not later than the
3-25 seventh day after changing the address, report in person to the
3-26 local law enforcement authority in the municipality or county in
3-27 which the person's new residence is located and provide the
4-1 authority with proof of identity and proof of residence.
4-2 SECTION 4. Article 62.04(f), Code of Criminal Procedure, is
4-3 amended to read as follows:
4-4 (f) If the person moves to another municipality or county in
4-5 this state, the department shall inform the applicable local law
4-6 enforcement authority in the new area of the person's residence not
4-7 later than the third day after the date on which the department
4-8 receives information under Subsection (a). Not later than the
4-9 eighth day after the date on which the local law enforcement
4-10 authority is informed under Subsection (a) or under this
4-11 subsection, the authority shall verify the age of the victim, the
4-12 age of the person subject to registration, and the basis on which
4-13 the person is subject to registration under this chapter. If the
4-14 victim is a child younger than 17 years of age and the basis on
4-15 which the person is subject to registration is not an adjudication
4-16 of delinquent conduct and is not a conviction or a deferred
4-17 adjudication for an offense under Section 25.02, Penal Code, the
4-18 authority shall immediately publish notice in English and Spanish
4-19 in the newspaper of greatest paid circulation in the county in
4-20 which the person subject to registration intends to reside or, if
4-21 there is no newspaper of paid circulation in that county, in the
4-22 newspaper of greatest general circulation in the county. The local
4-23 law enforcement authority shall publish a duplicate notice in the
4-24 newspaper, with any necessary corrections, during the week
4-25 immediately following the week of initial publication. If the
4-26 victim is a child younger than 17 years of age or the person
4-27 subject to registration is 17 years of age or older and a student
5-1 enrolled in a public or private secondary school, regardless of the
5-2 basis on which the person is subject to registration, the authority
5-3 shall immediately provide notice to the superintendent of the
5-4 public school district and to the administrator of any private
5-5 primary or secondary school located in the public school district
5-6 in which the person subject to registration intends to reside by
5-7 mail to the office of the superintendent or administrator, as
5-8 appropriate.
5-9 SECTION 5. Article 62.05, Code of Criminal Procedure, is
5-10 amended to read as follows:
5-11 Art. 62.05. STATUS REPORT BY SUPERVISING OFFICER. (a) If
5-12 the juvenile probation officer, community supervision and
5-13 corrections department officer, or parole officer supervising a
5-14 person subject to registration under this chapter receives
5-15 information to the effect that the person's status has changed in
5-16 any manner that affects proper supervision of the person, including
5-17 a change in the person's physical health, job status,
5-18 incarceration, or terms of release, the supervising officer shall
5-19 promptly notify the appropriate local law enforcement authority or
5-20 authorities of that change. If the person required to register
5-21 intends to change address, the person's supervising officer shall
5-22 notify the local law enforcement authorities designated by Article
5-23 62.04(b).
5-24 (b) If a person required to register is not supervised by an
5-25 officer listed in Subsection (a), the person shall report to the
5-26 local law enforcement authority any change in the person's physical
5-27 health or job status not later than the seventh day after the date
6-1 of the change. For purposes of this subsection, a person's job
6-2 status changes if the person leaves employment for any reason,
6-3 remains employed by an employer but changes the location at which
6-4 the person works, or begins employment with a new employer. For
6-5 purposes of this subsection, a person's health status changes if
6-6 the person is hospitalized as a result of an illness.
6-7 SECTION 6. Articles 62.06(a) and (b), Code of Criminal
6-8 Procedure, are amended to read as follows:
6-9 (a) A person subject to registration under this chapter who
6-10 has on two or more occasions been convicted of or received an order
6-11 of deferred adjudication for a sexually violent offense shall
6-12 report to the local law enforcement authority with whom the person
6-13 is required to register not less than once in each 90-day period
6-14 following the date the person first registered under this chapter
6-15 to verify the information in the registration form maintained by
6-16 the authority for that person. A person subject to registration
6-17 under this chapter who is not subject to the 90-day reporting
6-18 requirement described by this subsection shall report to the local
6-19 law enforcement authority with whom the person is required to
6-20 register once each year not earlier than the 30th day before and
6-21 not later than the 30th day after the anniversary of the person's
6-22 date of birth [on which the person first registered under this
6-23 chapter] to verify the information in the registration form
6-24 maintained by the authority for that person. For purposes of this
6-25 subsection, a person complies with a requirement that the person
6-26 register within a 90-day period following a date if the person
6-27 registers at any time on or after the 83rd day following that date
7-1 but before the 98th day after that date.
7-2 (b) A local law enforcement authority with whom a person is
7-3 required to register under this chapter may direct the person to
7-4 report to the authority to verify the information in the
7-5 registration form maintained by the authority for that person. The
7-6 authority may direct the person to report under this subsection
7-7 once in each 90-day period following the date the person first
7-8 registered under this chapter, if the person is required to report
7-9 not less than once in each 90-day period under Subsection (a) [has
7-10 on two or more occasions been convicted of or received an order of
7-11 deferred adjudication for a sexually violent offense,] or[, if
7-12 not,] once in each year not earlier than the 30th day before and
7-13 not later than the 30th day after the anniversary of the person's
7-14 date of birth, if the person is required to report once each year
7-15 under Subsection (a) [on which the person first registered under
7-16 this chapter]. A local law enforcement authority may not direct a
7-17 person to report to the authority under this subsection if the
7-18 person is required to report under Subsection (a) and is in
7-19 compliance with the reporting requirements of that subsection.
7-20 SECTION 7. (a) To accomplish the change in law made by this
7-21 Act to Articles 62.06(a) and (b), Code of Criminal Procedure,
7-22 relating to persons required to report to local law enforcement
7-23 once in each year, the local law enforcement authority with whom a
7-24 person verifies registration by reporting to the authority not
7-25 earlier than the 30th day before and not later than the 30th day
7-26 after the anniversary of the date on which the person first
7-27 registered with the authority shall inform the person that on the
8-1 next occasion and each succeeding occasion on which the person
8-2 verifies registration the person must comply with Articles 62.06(a)
8-3 and (b), Code of Criminal Procedure, as amended by this Act.
8-4 (b) The change in law to which this section applies does not
8-5 affect the validity of any action taken by a person to verify
8-6 registration before the person is provided an opportunity to be
8-7 informed of the change in law made by this Act as required by this
8-8 section.
8-9 SECTION 8. This Act takes effect September 1, 1999.
8-10 SECTION 9. The importance of this legislation and the
8-11 crowded condition of the calendars in both houses create an
8-12 emergency and an imperative public necessity that the
8-13 constitutional rule requiring bills to be read on three several
8-14 days in each house be suspended, and this rule is hereby suspended.