By: Jackson S.B. No. 1650
Line and page numbers may not match official copy.
Bill not drafted by TLC or Senate E&E.
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the public notice requirements applicable to persons
1-2 who are subject to sex offender registration.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Articles 62.03(a), (b), (c), (e), and (f), Code
1-5 of Criminal Procedure, are amended to read as follows:
1-6 (a) Before a person who will be subject to registration
1-7 under this chapter is due to be released from a penal institution,
1-8 the risk assessment review committee established under Article
1-9 62.035 shall determine the person's level of risk to the community
1-10 using the sex offender screening tool developed under that article,
1-11 assign to the person a numeric risk level, and immediately send a
1-12 written notice of the risk level to the penal institution from
1-13 which the person is due to be released. On receiving notice under
1-14 this subsection, an official of the penal institution shall:
1-15 (1) inform the person that:
1-16 (A) not later than the seventh day after the
1-17 date on which the person is released or the date on which the
1-18 person moves from a previous residence to a new residence in this
1-19 state, the person must:
1-20 (i) register or verify registration with
1-21 the local law enforcement authority in the municipality or county
1-22 in which the person intends to reside; or
2-1 (ii) if the person has not moved to an
2-2 intended residence, report to the juvenile probation officer,
2-3 community supervision and corrections department officer, or parole
2-4 officer supervising the person;
2-5 (B) not later than the seventh day before the
2-6 date on which the person moves to a new residence in this state or
2-7 another state, the person must report in person to the local law
2-8 enforcement authority with whom the person last registered and to
2-9 the juvenile probation officer, community supervision and
2-10 corrections department officer, or parole officer supervising the
2-11 person; and
2-12 (C) not later than the 10th day after the date
2-13 on which the person arrives in another state in which the person
2-14 intends to reside, the person must register with the law
2-15 enforcement agency that is identified by the department as the
2-16 agency designated by that state to receive registration
2-17 information, if the other state has a registration requirement for
2-18 sex offenders;
2-19 (2) require the person to sign a written statement
2-20 that the person was informed of the person's duties as described by
2-21 Subdivision (1) or, if the person refuses to sign the statement,
2-22 certify that the person was so informed;
2-23 (3) obtain the address where the person expects to
2-24 reside on the person's release and other registration information,
2-25 including a photograph and complete set of fingerprints; and
2-26 (4) complete the registration form for the person.
3-1 (b) On the seventh day before the date on which a person who
3-2 will be subject to registration under this chapter is due to be
3-3 released from a penal institution, or on receipt of notice by a
3-4 penal institution that a person who will be subject to registration
3-5 under this chapter is due to be released in less than seven days,
3-6 an official of the penal institution shall send the person's
3-7 completed registration form and numeric risk level to the
3-8 department and to:
3-9 (1) the applicable local law enforcement authority in
3-10 the municipality or county in which the person expects to reside,
3-11 if the person expects to reside in this state; or
3-12 (2) the law enforcement agency that is identified by
3-13 the department as the agency designated by another state to receive
3-14 registration information, if the person expects to reside in that
3-15 other state and that other state has a registration requirement for
3-16 sex offenders.
3-17 (c) If a person who is subject to registration under this
3-18 chapter receives an order deferring adjudication, placing the
3-19 person on juvenile probation or community supervision, or imposing
3-20 only a fine, the court pronouncing the order or sentence shall make
3-21 a determination of the person's numeric risk level using the sex
3-22 offender screening tool developed under Article 62.035 and ensure
3-23 that the prerelease notification and registration requirements
3-24 specified in this article are conducted on the day of entering the
3-25 order or sentencing. If a community supervision and corrections
3-26 department representative is available in court at the time a court
4-1 pronounces a sentence of deferred adjudication or community
4-2 supervision, the representative shall immediately obtain the
4-3 person's numeric risk level from the court and conduct the
4-4 prerelease notification and registration requirements specified in
4-5 this article. In any other case in which the court pronounces a
4-6 sentence under this subsection, the court shall designate another
4-7 appropriate individual to obtain the person's numeric risk level
4-8 from the court and conduct the prerelease notification and
4-9 registration requirements specified in this article.
4-10 (e) Not later than the eighth day after receiving a
4-11 registration form under Subsection (b), (c), or (d), the local law
4-12 enforcement authority shall verify the age of the victim, [and] the
4-13 basis on which the person is subject to registration under this
4-14 chapter, and the person's numeric risk level. If the victim is a
4-15 child younger than 17 years of age, [and] the basis on which the
4-16 person is subject to registration is not an adjudication of
4-17 delinquent conduct and is not a conviction or a deferred
4-18 adjudication for an offense under Section 25.02, Penal Code, and
4-19 the person is not assigned a numeric risk level three, the
4-20 authority shall immediately publish notice in English and Spanish
4-21 in the newspaper of greatest paid circulation in the county in
4-22 which the person subject to registration intends to reside or, if
4-23 there is no newspaper of paid circulation in that county, in the
4-24 newspaper of greatest general circulation in the county. The
4-25 authority shall publish a duplicate notice in the newspaper, with
4-26 any necessary corrections, during the week immediately following
5-1 the week of initial publication. If the victim is a child younger
5-2 than 17 years of age, regardless of the basis on which the person
5-3 is subject to registration or the person's numeric risk level, the
5-4 authority shall immediately provide notice to the superintendent of
5-5 the public school district and to the administrator of any private
5-6 primary or secondary school located in the public school district
5-7 in which the person subject to registration intends to reside by
5-8 mail to the office of the superintendent or administrator, as
5-9 appropriate.
5-10 (f) The local law enforcement authority shall include in the
5-11 notice by publication in a newspaper the following information
5-12 only:
5-13 (1) the person's age and gender;
5-14 (2) a brief description of the offense for which the
5-15 person is subject to registration; [and]
5-16 (3) the municipality, street name, and zip code number
5-17 where the person intends to reside; and
5-18 (4) the person's numeric risk level assigned under
5-19 this chapter and the guidelines used to determine a person's risk
5-20 level generally.
5-21 SECTION 2. Chapter 62, Code of Criminal Procedure, as added
5-22 by Chapter 668, Acts of the 75th Legislature, Regular Session,
5-23 1997, is amended by adding Article 62.035 to read as follows:
5-24 Art. 62.035. RISK ASSESSMENT REVIEW COMMITTEE; SEX OFFENDER
5-25 SCREENING TOOL. (a) The Texas Department of Criminal Justice
5-26 shall establish a risk assessment review committee composed of at
6-1 least five members, including, to the extent feasible, at least:
6-2 (1) one member having experience in law enforcement;
6-3 (2) one member having experience as a sex offender
6-4 treatment provider; and
6-5 (3) one member having experience working with victims
6-6 of sex offenses.
6-7 (b) The risk assessment review committee shall develop a sex
6-8 offender screening tool to be used in determining the level of risk
6-9 of a person subject to registration under this chapter. The sex
6-10 offender screening tool must use an objective point system under
6-11 which a person is assigned a designated number of points for each
6-12 of various factors, including the nature of the offense for which
6-13 the person is subject to registration, the age of the victim, and
6-14 the number of occasions on which the person has been convicted of
6-15 or adjudicated for an offense for which a person is subject to
6-16 registration under this chapter. In developing the sex offender
6-17 screening tool, the risk assessment review committee shall use the
6-18 following general guidelines:
6-19 (1) level one:
6-20 (A) a designated number of points or higher on
6-21 the sex offender screening tool; and
6-22 (B) a basis for concern that the person poses a
6-23 serious danger to the community or will continue to engage in
6-24 criminal sexual conduct;
6-25 (2) level two, either, but not both, of the following:
6-26 (A) a designated number of points or higher on
7-1 the sex offender screening tool; or
7-2 (B) a basis for concern that the person poses a
7-3 serious danger to the community or will continue to engage in
7-4 criminal sexual conduct; and
7-5 (3) level three:
7-6 (A) a number of points lower than a designated
7-7 number on the sex offender screening tool; and
7-8 (B) no basis for concern that the person poses a
7-9 serious danger to the community or will continue to engage in
7-10 criminal sexual conduct.
7-11 SECTION 3. Articles 62.04(f) and (g), Code of Criminal
7-12 Procedure, are amended to read as follows:
7-13 (f) If the person moves to another municipality or county in
7-14 this state, the department shall inform the applicable local law
7-15 enforcement authority in the new area of the person's residence not
7-16 later than the third day after the date on which the department
7-17 receives information under Subsection (a). Not later than the
7-18 eighth day after the date on which the local law enforcement
7-19 authority is informed under Subsection (a) or under this
7-20 subsection, the authority shall verify the age of the victim, [and]
7-21 the basis on which the person is subject to registration under this
7-22 chapter, and the person's numeric risk level. If the victim is a
7-23 child younger than 17 years of age, [and] the basis on which the
7-24 person is subject to registration is not an adjudication of
7-25 delinquent conduct and is not a conviction or a deferred
7-26 adjudication for an offense under Section 25.02, Penal Code, and
8-1 the person is not assigned a numeric risk level three, the
8-2 authority shall immediately publish notice in English and Spanish
8-3 in the newspaper of greatest paid circulation in the county in
8-4 which the person subject to registration intends to reside or, if
8-5 there is no newspaper of paid circulation in that county, in the
8-6 newspaper of greatest general circulation in the county. The local
8-7 law enforcement authority shall publish a duplicate notice in the
8-8 newspaper, with any necessary corrections, during the week
8-9 immediately following the week of initial publication. If the
8-10 victim is a child younger than 17 years of age, regardless of the
8-11 basis on which the person is subject to registration or the
8-12 person's numeric risk level, the authority shall immediately
8-13 provide notice to the superintendent of the public school district
8-14 and to the administrator of any private primary or secondary school
8-15 located in the public school district in which the person subject
8-16 to registration intends to reside by mail to the office of the
8-17 superintendent or administrator, as appropriate.
8-18 (g) The local law enforcement authority shall include in the
8-19 notice by publication in a newspaper the following information
8-20 only:
8-21 (1) the person's age and gender;
8-22 (2) a brief description of the offense for which the
8-23 person is subject to registration; [and]
8-24 (3) the municipality, street name, and zip code number
8-25 where the person intends to reside; and
8-26 (4) the person's numeric risk level assigned under
9-1 this chapter and the guidelines used to determine a person's risk
9-2 level generally.
9-3 SECTION 4. Chapter 62, Code of Criminal Procedure, as added
9-4 by Chapter 668, Acts of the 75th Legislature, Regular Session,
9-5 1997, is amended by adding Article 62.045 to read as follows:
9-6 Art. 62.045. ADDITIONAL PUBLIC NOTICE FOR CERTAIN OFFENDERS.
9-7 (a) On receipt of notice under this chapter that a person subject
9-8 to registration is due to be released from a penal institution or
9-9 intends to move to a new residence in this state, the department
9-10 shall verify the person's numeric risk level assigned under this
9-11 chapter. If the person is assigned a numeric risk level one, the
9-12 department shall, not later than the seventh day after the date on
9-13 which the person is released or the 10th day after the date on
9-14 which the person moves, provide written notice mailed or delivered
9-15 to at least each residential address within a one-mile radius, in
9-16 an area that has not been subdivided, or a three-block area, in an
9-17 area that has been subdivided, of the place where the person
9-18 intends to reside.
9-19 (b) The department shall include in the notice any
9-20 information that is public information under this chapter. The
9-21 department may not include any information that is not public
9-22 information under this chapter.
9-23 (c) The department shall establish procedures for a person
9-24 with respect to whom notice is provided under this section to pay
9-25 to the department all costs incurred by the department in providing
9-26 the notice. The person shall pay those costs in accordance with
10-1 the procedures established under this subsection.
10-2 SECTION 5. Section 19(g), Article 42.12, Code of Criminal
10-3 Procedure, is amended to read as follows:
10-4 (g) If the judge places on community supervision a person
10-5 required to register as a sex offender under Chapter 62, as added
10-6 by Chapter 668, Acts of the 75th Legislature, Regular Session,
10-7 1997, and assigns the person a numeric risk level one or two, the
10-8 judge shall require as a condition of community supervision that
10-9 the person pay to the person's supervising officer a fee that
10-10 equals the actual cost to the applicable local law enforcement
10-11 authority for providing notice for publication to a newspaper as
10-12 required by that chapter [Chapter 62]. A community supervision and
10-13 corrections department shall remit fees collected under this
10-14 subsection to the applicable local law enforcement authority to
10-15 reimburse the authority for the actual cost incurred by the
10-16 authority, as evidenced by written receipt, for providing notice
10-17 for publication to a newspaper as required by Chapter 62, as added
10-18 by Chapter 668, Acts of the 75th Legislature, Regular Session,
10-19 1997. In a community supervision revocation hearing at which it is
10-20 alleged only that the person violated the terms of community
10-21 supervision by failing to make a payment under this subsection, the
10-22 inability of the person to pay as ordered by the judge is an
10-23 affirmative defense to revocation, which the person must prove by a
10-24 preponderance of the evidence.
10-25 SECTION 6. Section 508.186(a), Government Code, is amended
10-26 to read as follows:
11-1 (a) A parole panel shall require as a condition of parole or
11-2 mandatory supervision that a releasee required to register as a sex
11-3 offender under Chapter 62, Code of Criminal Procedure, as added by
11-4 Chapter 668, Acts of the 75th Legislature, Regular Session, 1997:
11-5 (1) register under that chapter; and
11-6 (2) if the person's numeric risk level assigned under
11-7 that chapter is one or two, pay to the releasee's supervising
11-8 officer an amount equal to the cost, as evidenced by written
11-9 receipt, incurred by the applicable local law enforcement authority
11-10 for providing notice for publication to a newspaper as required by
11-11 that chapter.
11-12 SECTION 7. (a) In accordance with Section 311.031(c),
11-13 Government Code, which gives effect to a substantive amendment
11-14 enacted by the same legislature that codifies the amended statute,
11-15 the text of Section 508.186(a), Government Code, as set out in this
11-16 Act, gives effect to changes made by Chapter 668, Acts of the 75th
11-17 Legislature, Regular Session, 1997.
11-18 (b) To the extent of any conflict, this Act prevails over
11-19 another Act of the 76th Legislature, Regular Session, 1999,
11-20 relating to nonsubstantive additions and corrections in enacted
11-21 codes.
11-22 SECTION 8. The Texas Department of Criminal Justice shall
11-23 establish the risk assessment review committee, as required by
11-24 Article 62.035, Code of Criminal Procedure, as added by this Act,
11-25 not later than October 1, 1999. The review committee shall develop
11-26 the sex offender screening tool, as required by Article 62.035, not
12-1 later than December 1, 1999, and make the tool available to all
12-2 judges hearing criminal cases not later than December 15, 1999.
12-3 Each person released from a penal institution, as defined by
12-4 Article 62.01, Code of Criminal Procedure, or placed on community
12-5 supervision or juvenile probation on or after January 1, 2000, and
12-6 for whom registration is required under Chapter 62, as added by
12-7 Chapter 668, Acts of the 75th Legislature, Regular Session, 1997,
12-8 must be assigned a numeric risk level as required by Chapter 62.
12-9 SECTION 9. (a) The Texas Department of Public Safety shall
12-10 establish the procedures required by Article 62.045, Code of
12-11 Criminal Procedure, as added by this Act, not later than January 1,
12-12 2000.
12-13 (b) Article 62.045, Code of Criminal Procedure, as added by
12-14 this Act, applies only to a person subject to the requirements of
12-15 Chapter 62, Code of Criminal Procedure, as added by Chapter 668,
12-16 Acts of the 75th Legislature, Regular Session, 1997, for a
12-17 reportable conviction or adjudication, as defined by that chapter,
12-18 that occurs on or after January 1, 2000. A person subject to the
12-19 requirements of Chapter 62, Code of Criminal Procedure, as added by
12-20 Chapter 668, Acts of the 75th Legislature, Regular Session, 1997,
12-21 for a reportable conviction or adjudication, as defined by that
12-22 chapter, that occurs before January 1, 2000, is covered by the law
12-23 in effect when the reportable conviction or adjudication occurs,
12-24 and the former law is continued in effect for that purpose.
12-25 SECTION 10. The importance of this legislation and the
12-26 crowded condition of the calendars in both houses create an
13-1 emergency and an imperative public necessity that the
13-2 constitutional rule requiring bills to be read on three several
13-3 days in each house be suspended, and this rule is hereby suspended,
13-4 and that this Act take effect and be in force from and after its
13-5 passage, and it is so enacted.