1-1 AN ACT
1-2 relating to certain information required for registration as a sex
1-3 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 recent color photograph or, if possible, an
1-16 electronic digital image of the person and a complete set of the
1-17 person's fingerprints;
1-18 (3) the type of offense the person was convicted of,
1-19 the age of the victim, the date of conviction, and the punishment
1-20 received;
1-21 (4) an indication as to whether the person is
1-22 discharged, paroled, or released on juvenile probation, community
1-23 supervision, or mandatory supervision; [and]
1-24 (5) an indication of each license, as defined by
1-25 Article 62.08(f), that is held or sought by the person; and
2-1 (6) any other information required by the department.
2-2 SECTION 2. Article 62.08, Code of Criminal Procedure, is
2-3 amended by amending Subsections (b), (d), and (e) and adding
2-4 Subsection (f) to read as follows:
2-5 (b) The information contained in the database is public
2-6 information, with the exception of any information:
2-7 (1) regarding the person's social security number,
2-8 driver's license number, or telephone number;
2-9 (2) that is required by the department under Article
2-10 62.02(b)(6) [62.02(b)(5)]; or
2-11 (3) that would identify the victim of the offense for
2-12 which the person is subject to registration.
2-13 (d) The department shall provide a licensing authority with
2-14 notice of any person required to register under this chapter who
2-15 holds or seeks a license that is issued by the authority. The
2-16 department shall provide the notice required by this subsection as
2-17 the applicable licensing information becomes available through the
2-18 person's registration or verification of registration.
2-19 (e) On the written request of a licensing authority that
2-20 identifies an individual and states that the individual is an
2-21 applicant for or a holder of a license issued by the authority, the
2-22 department shall release any information described by Subsection
2-23 (a) to the licensing authority.
2-24 (f) [(e)] For the purposes of Subsections [Subsection] (d)
2-25 and (e):
2-26 (1) "License" means a license, certificate,
3-1 registration, permit, or other authorization that:
3-2 (A) is issued by a licensing authority; and
3-3 (B) a person must obtain to practice or engage
3-4 in a particular business, occupation, or profession.
3-5 (2) "Licensing authority" means a department,
3-6 commission, board, office, or other agency of the state or a
3-7 political subdivision of the state that issues a license.
3-8 SECTION 3. The requirements under Subsection (b), Article
3-9 62.02, Code of Criminal Procedure, as amended by this Act,
3-10 regarding the offender's photograph or digital image and the
3-11 offender's licensing information apply to the initial registration
3-12 form for an offender who first registers on or after the effective
3-13 date of this Act. For an offender who first registers before the
3-14 effective date of this Act, the requirements apply to the
3-15 registration form, as modified, when the offender first verifies
3-16 registration on or after the effective date of this Act.
3-17 Regardless of the date of a sex offender's initial registration,
3-18 all registration forms modified on verification of registration on
3-19 or after the effective date of this Act must contain the offender's
3-20 photograph or digital image and licensing information as required
3-21 by Subsection (b), Article 62.02, Code of Criminal Procedure, as
3-22 amended by this Act.
3-23 SECTION 4. This Act takes effect September 1, 2001.
_______________________________ _______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 654 passed the Senate on
April 11, 2001, by the following vote: Yeas 29, Nays 0, one
present not voting; and that the Senate concurred in House
amendment on May 24, 2001, by a viva-voce vote.
_______________________________
Secretary of the Senate
I hereby certify that S.B. No. 654 passed the House, with
amendment, on May 18, 2001, by a non-record vote.
_______________________________
Chief Clerk of the House
Approved:
_______________________________
Date
_______________________________
Governor