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.
4-21 * * * * *