By: Staples S.B. No. 654
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to certain licensing information required for registration
1-3 as a sex offender.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subsection (b), Article 62.02, Code of Criminal
1-6 Procedure, is amended to read as follows:
1-7 (b) The department shall provide the Texas Department of
1-8 Criminal Justice, the Texas Youth Commission, the Texas Juvenile
1-9 Probation Commission, and each local law enforcement authority,
1-10 county jail, and court with a form for registering persons required
1-11 by this chapter to register. The registration form shall require:
1-12 (1) the person's full name, each alias, date of birth,
1-13 sex, race, height, weight, eye color, hair color, social security
1-14 number, driver's license number, shoe size, and home address;
1-15 (2) a photograph of the person and a complete set of
1-16 the person's fingerprints;
1-17 (3) the type of offense the person was convicted of,
1-18 the age of the victim, the date of conviction, and the punishment
1-19 received;
1-20 (4) an indication as to whether the person is
1-21 discharged, paroled, or released on juvenile probation, community
1-22 supervision, or mandatory supervision; [and]
1-23 (5) an indication of each license, as defined by
1-24 Article 62.08(f), that is held or sought by the person; and
1-25 (6) any other information required by the department.
2-1 SECTION 2. Article 62.08, Code of Criminal Procedure, is
2-2 amended by amending Subsections (b), (d), and (e) and adding
2-3 Subsection (f) to read as follows:
2-4 (b) The information contained in the database is public
2-5 information, with the exception of any information:
2-6 (1) regarding the person's social security number,
2-7 driver's license number, or telephone number;
2-8 (2) that is required by the department under Article
2-9 62.02(b)(6) [62.02(b)(5)]; or
2-10 (3) that would identify the victim of the offense for
2-11 which the person is subject to registration.
2-12 (d) The department shall provide a licensing authority with
2-13 notice of any person required to register under this chapter who
2-14 holds or seeks a license that is issued by the authority. The
2-15 department shall provide the notice required by this subsection as
2-16 the applicable licensing information becomes available through the
2-17 person's registration or verification of registration.
2-18 (e) On the written request of a licensing authority that
2-19 identifies an individual and states that the individual is an
2-20 applicant for or a holder of a license issued by the authority, the
2-21 department shall release any information described by Subsection
2-22 (a) to the licensing authority.
2-23 (f) [(e)] For the purposes of Subsections [Subsection] (d)
2-24 and (e):
2-25 (1) "License" means a license, certificate,
2-26 registration, permit, or other authorization that:
3-1 (A) is issued by a licensing authority; and
3-2 (B) a person must obtain to practice or engage
3-3 in a particular business, occupation, or profession.
3-4 (2) "Licensing authority" means a department,
3-5 commission, board, office, or other agency of the state or a
3-6 political subdivision of the state that issues a license.
3-7 SECTION 3. The requirement under Subsection (b), Article
3-8 62.02, Code of Criminal Procedure, as amended by this Act, that a
3-9 registration form for a sex offender contain information about
3-10 certain licenses held or sought by the offender applies to the
3-11 initial registration form for an offender who first registers on or
3-12 after the effective date of this Act. For an offender who first
3-13 registers before the effective date of this Act, the requirement
3-14 applies to the registration form as modified when the offender
3-15 first verifies registration on or after the effective date.
3-16 Regardless of the date of a sex offender's initial registration,
3-17 all registration forms modified on verification of registration on
3-18 or after the effective date of this Act must contain the licensing
3-19 information.
3-20 SECTION 4. This Act takes effect September 1, 2001.