1-1     By:  Shapiro                                          S.B. No. 1224
 1-2           (In the Senate - Filed March 11, 1999; March 11, 1999, read
 1-3     first time and referred to Committee on Criminal Justice;
 1-4     May 3, 1999, reported adversely, with favorable Committee
 1-5     Substitute by the following vote:  Yeas 7, Nays 0; May 3, 1999,
 1-6     sent to printer.)
 1-7     COMMITTEE SUBSTITUTE FOR S.B. No. 1224                 By:  Shapiro
 1-8                            A BILL TO BE ENTITLED
 1-9                                   AN ACT
1-10     relating to sex offender registration and to provisions of the sex
1-11     offender registration law for which a person who is in
1-12     noncompliance commits a criminal offense.
1-13           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-14           SECTION 1.  Subsection (a), Article 62.02, Code of Criminal
1-15     Procedure, is amended to read as follows:
1-16           (a)  A person who has a reportable conviction or adjudication
1-17     or who is required to register as a condition of parole, release to
1-18     mandatory supervision, or community supervision shall register or,
1-19     if the person is a person for whom registration is completed under
1-20     this chapter, verify registration as provided by Subsection (d),
1-21     with the local law enforcement authority in any municipality where
1-22     the person resides or intends to reside for more than seven days.
1-23     If the person does not reside or intend to reside in a
1-24     municipality, the person shall register or verify registration in
1-25     any county where the person resides or intends to reside for more
1-26     than seven days.  The person shall satisfy the requirements of this
1-27     subsection not later than the seventh day after the person's
1-28     arrival in the municipality or county.
1-29           SECTION 2.  Chapter 62, Code of Criminal Procedure, as added
1-30     by Chapter 668, Acts of the 75th Legislature, Regular Session,
1-31     1997, is amended by adding Article 62.021 to read as follows:
1-32           Art. 62.021.  OUT-OF-STATE REGISTRANTS.  (a)  This article
1-33     applies to a person who is required to register as a sex offender
1-34     under the laws of another state with which the department has
1-35     entered into a reciprocal registration agreement and who is not
1-36     otherwise required to register under this chapter because:
1-37                 (1)  the person does not have a reportable conviction
1-38     for an offense under the laws of the other state containing
1-39     elements that are substantially similar to an offense requiring
1-40     registration under this chapter; or
1-41                 (2)  the person does not have a reportable adjudication
1-42     of delinquent conduct based on a violation of an offense  under the
1-43     laws of the other state containing elements that are substantially
1-44     similar to an offense requiring registration under this chapter.
1-45           (b)  A person described by Subsection (a) is required to
1-46     comply with the annual verification requirements of Article 62.06
1-47     in the same manner as is a person who is required to verify
1-48     registration on the basis of a reportable conviction or
1-49     adjudication.
1-50           (c)  The expiration of the duty to register for a person
1-51     described by Subsection (a) expires on the date the person's duty
1-52     to register would expire in the other state had the person remained
1-53     in that state.
1-54           (d)  The department may negotiate and enter into a reciprocal
1-55     registration agreement with any other state to prevent residents of
1-56     this state and residents of the other state from frustrating the
1-57     public purpose of the registration of sex offenders by moving from
1-58     one state to the other.
1-59           SECTION 3.  Subsection (e), Article 62.03, Code of Criminal
1-60     Procedure, is amended to read as follows:
1-61           (e)  Not later than the eighth day after receiving a
1-62     registration form under Subsection (b), (c), or (d), the local law
1-63     enforcement authority shall verify the age of the victim, the age
1-64     of the person subject to registration, and the basis on which the
 2-1     person is subject to registration under this chapter.  If the
 2-2     victim is a child younger than 17 years of age and the basis on
 2-3     which the person is subject to registration is not an adjudication
 2-4     of delinquent conduct and is not a conviction or a deferred
 2-5     adjudication for an offense under Section 25.02, Penal Code, the
 2-6     authority shall immediately publish notice in English and Spanish
 2-7     in the newspaper of greatest paid circulation in the county in
 2-8     which the person subject to registration intends to reside or, if
 2-9     there is no newspaper of paid circulation in that county, in the
2-10     newspaper of greatest general circulation in the county.  The
2-11     authority shall publish a duplicate notice in the newspaper, with
2-12     any necessary corrections, during the week immediately following
2-13     the week of initial publication.  If the victim is a child younger
2-14     than 17 years of age or the person subject to registration is 17
2-15     years of age or older and a student enrolled in a public or private
2-16     secondary school, regardless of the basis on which the person is
2-17     subject to registration, the authority shall immediately provide
2-18     notice to the superintendent of the public school district and to
2-19     the administrator of any private primary or secondary school
2-20     located in the public school district in which the person subject
2-21     to registration intends to reside by mail to the office of the
2-22     superintendent or administrator, as appropriate.
2-23           SECTION 4.  Subsections (a) and (f), Article 62.04, Code of
2-24     Criminal Procedure, are amended to read as follows:
2-25           (a)  If a person required to register intends to change
2-26     address, regardless of whether the person intends to move to
2-27     another state, the person shall, not later than the seventh day
2-28     before the intended change, report in person to the local law
2-29     enforcement authority with whom the person last registered and to
2-30     the juvenile probation officer, community supervision and
2-31     corrections department officer, or parole officer supervising the
2-32     person and provide the authority and the officer with the person's
2-33     anticipated move date and new address.  If a person required to
2-34     register changes address, the person shall, not later than the
2-35     seventh day after changing the address, report in person to the
2-36     local law enforcement authority in the municipality or county in
2-37     which the person's new residence is located and provide the
2-38     authority with proof of identity and proof of residence.
2-39           (f)  If the person moves to another municipality or county in
2-40     this state, the department shall inform the applicable local law
2-41     enforcement authority in the new area of the person's residence not
2-42     later than the third day after the date on which the department
2-43     receives information under Subsection (a).  Not later than the
2-44     eighth day after the date on which the local law enforcement
2-45     authority is informed under Subsection (a) or under this
2-46     subsection, the authority shall verify the age of the victim, the
2-47     age of the person subject to registration, and the basis on which
2-48     the person is subject to registration under this chapter.  If the
2-49     victim is a child younger than 17 years of age and the basis on
2-50     which the person is subject to registration is not an adjudication
2-51     of delinquent conduct and is not a conviction or a deferred
2-52     adjudication for an offense under Section 25.02, Penal Code, the
2-53     authority shall immediately publish notice in English and Spanish
2-54     in the newspaper of greatest paid circulation in the county in
2-55     which the person subject to registration intends to reside or, if
2-56     there is no newspaper of paid circulation in that county, in the
2-57     newspaper of greatest general circulation in the county.  The local
2-58     law enforcement authority shall publish a duplicate notice in the
2-59     newspaper, with any necessary corrections, during the week
2-60     immediately following the week of initial publication.  If the
2-61     victim is a child younger than 17 years of age or the person
2-62     subject to registration is 17 years of age or older and a student
2-63     enrolled in a public or private secondary school, regardless of the
2-64     basis on which the person is subject to registration, the authority
2-65     shall immediately provide notice to the superintendent of the
2-66     public school district and to the administrator of any private
2-67     primary or secondary school located in the public school district
2-68     in which the person subject to registration intends to reside by
2-69     mail to the office of the superintendent or administrator, as
 3-1     appropriate.
 3-2           SECTION 5.  Article 62.05, Code of Criminal Procedure, is
 3-3     amended to read as follows:
 3-4           Art. 62.05.  STATUS REPORT BY SUPERVISING OFFICER.  (a)  If
 3-5     the juvenile probation officer, community supervision and
 3-6     corrections department officer, or parole officer supervising a
 3-7     person subject to registration under this chapter receives
 3-8     information to the effect that the person's status has changed in
 3-9     any manner that affects proper supervision of the person, including
3-10     a change in the person's physical health, job status,
3-11     incarceration, or terms of release, the supervising officer shall
3-12     promptly notify the appropriate local law enforcement authority or
3-13     authorities of that change.  If the person required to register
3-14     intends to change address, the person's supervising officer shall
3-15     notify the local law enforcement authorities designated by Article
3-16     62.04(b).
3-17           (b)  If a person required to register is not supervised by an
3-18     officer listed in Subsection (a), the person shall report to the
3-19     local law enforcement authority any change in the person's physical
3-20     health or job status not later than the seventh day after the date
3-21     of the change.  For purposes of this subsection, a person's job
3-22     status changes if the person leaves employment for any reason,
3-23     remains employed by an employer but changes the location at which
3-24     the person works, or begins employment with a new employer.  For
3-25     purposes of this subsection, a person's health status changes if
3-26     the person is hospitalized as a result of an illness.
3-27           SECTION 6.  Subsections (a) and (b), Article 62.06, Code of
3-28     Criminal Procedure, are amended to read as follows:
3-29           (a)  A person subject to registration under this chapter who
3-30     has on two or more occasions been convicted of or received an order
3-31     of deferred adjudication for a sexually violent offense shall
3-32     report to the local law enforcement authority with whom the person
3-33     is required to register not less than once in each 90-day period
3-34     following the date the person first registered under this chapter
3-35     to verify the information in the registration form maintained by
3-36     the authority for that person.  A person subject to registration
3-37     under this chapter who is not subject to the 90-day reporting
3-38     requirement described by this subsection shall report to the local
3-39     law enforcement authority with whom the person is required to
3-40     register once each year not earlier than the 30th day before and
3-41     not later than the 30th day after the anniversary of the person's
3-42     date of birth [on which the person first registered under this
3-43     chapter] to verify the information in the registration form
3-44     maintained by the authority for that person.  For purposes of this
3-45     subsection, a person complies with a requirement that the person
3-46     register within a 90-day period following a date if the person
3-47     registers at any time on or after the 83rd day following that date
3-48     but before the 98th day after that date.
3-49           (b)  A local law enforcement authority with whom a person is
3-50     required to register under this chapter may direct the person to
3-51     report to the authority to verify the information in the
3-52     registration form maintained by the authority for that person.  The
3-53     authority may direct the person to report under this subsection
3-54     once in each 90-day period following the date the person first
3-55     registered under this chapter, if the person is required to report
3-56     not less than once in each 90-day period under Subsection (a) [has
3-57     on two or more occasions been convicted of or received an order of
3-58     deferred adjudication for a sexually violent offense,] or[, if
3-59     not,] once in each year not earlier than the 30th day before and
3-60     not later than the 30th day after the anniversary of the person's
3-61     date of birth, if the person is required to report once each year
3-62     under Subsection (a) [on which the person first registered under
3-63     this chapter].  A local law enforcement authority may not direct a
3-64     person to report to the authority under this subsection if the
3-65     person is required to report under Subsection (a) and is in
3-66     compliance with the reporting requirements of that subsection.
3-67           SECTION 7.  (a)  To accomplish the change in law made by this
3-68     Act to Subsections (a) and (b), Article 62.06, Code of Criminal
3-69     Procedure, relating to persons required to report to local law
 4-1     enforcement once in each year, the local law enforcement authority
 4-2     with whom a person verifies registration by reporting to the
 4-3     authority not earlier than the 30th day before and not later than
 4-4     the 30th day after the anniversary of the date on which the person
 4-5     first registered with the authority shall inform the person that on
 4-6     the next occasion and each succeeding occasion on which the person
 4-7     verifies registration the person must comply with Subsections (a)
 4-8     and (b), Article 62.06, Code of Criminal Procedure, as amended by
 4-9     this Act.
4-10           (b)  The change in law to which this section applies does not
4-11     affect the validity of any action taken by a person to verify
4-12     registration before the person is provided an opportunity to be
4-13     informed of the change in law made by this Act as required by this
4-14     section.
4-15           SECTION 8.  This Act takes effect September 1, 1999.                
4-16           SECTION 9.  The importance of this legislation and the
4-17     crowded condition of the calendars in both houses create an
4-18     emergency and an imperative public necessity that the
4-19     constitutional rule requiring bills to be read on three several
4-20     days in each house be suspended, and this rule is hereby suspended.
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