1-1 By: Staples S.B. No. 654
1-2 (In the Senate - Filed February 12, 2001; February 13, 2001,
1-3 read first time and referred to Committee on Criminal Justice;
1-4 March 26, 2001, reported favorably by the following vote: Yeas 6,
1-5 Nays 0; March 26, 2001, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to certain licensing information required for registration
1-9 as a sex offender.
1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11 SECTION 1. Subsection (b), Article 62.02, Code of Criminal
1-12 Procedure, is amended to read as follows:
1-13 (b) The department shall provide the Texas Department of
1-14 Criminal Justice, the Texas Youth Commission, the Texas Juvenile
1-15 Probation Commission, and each local law enforcement authority,
1-16 county jail, and court with a form for registering persons required
1-17 by this chapter to register. The registration form shall require:
1-18 (1) the person's full name, each alias, date of birth,
1-19 sex, race, height, weight, eye color, hair color, social security
1-20 number, driver's license number, shoe size, and home address;
1-21 (2) a photograph of the person and a complete set of
1-22 the person's fingerprints;
1-23 (3) the type of offense the person was convicted of,
1-24 the age of the victim, the date of conviction, and the punishment
1-25 received;
1-26 (4) an indication as to whether the person is
1-27 discharged, paroled, or released on juvenile probation, community
1-28 supervision, or mandatory supervision; [and]
1-29 (5) an indication of each license, as defined by
1-30 Article 62.08(f), that is held or sought by the person; and
1-31 (6) any other information required by the department.
1-32 SECTION 2. Article 62.08, Code of Criminal Procedure, is
1-33 amended by amending Subsections (b), (d), and (e) and adding
1-34 Subsection (f) to read as follows:
1-35 (b) The information contained in the database is public
1-36 information, with the exception of any information:
1-37 (1) regarding the person's social security number,
1-38 driver's license number, or telephone number;
1-39 (2) that is required by the department under Article
1-40 62.02(b)(6) [62.02(b)(5)]; or
1-41 (3) that would identify the victim of the offense for
1-42 which the person is subject to registration.
1-43 (d) The department shall provide a licensing authority with
1-44 notice of any person required to register under this chapter who
1-45 holds or seeks a license that is issued by the authority. The
1-46 department shall provide the notice required by this subsection as
1-47 the applicable licensing information becomes available through the
1-48 person's registration or verification of registration.
1-49 (e) On the written request of a licensing authority that
1-50 identifies an individual and states that the individual is an
1-51 applicant for or a holder of a license issued by the authority, the
1-52 department shall release any information described by Subsection
1-53 (a) to the licensing authority.
1-54 (f) [(e)] For the purposes of Subsections [Subsection] (d)
1-55 and (e):
1-56 (1) "License" means a license, certificate,
1-57 registration, permit, or other authorization that:
1-58 (A) is issued by a licensing authority; and
1-59 (B) a person must obtain to practice or engage
1-60 in a particular business, occupation, or profession.
1-61 (2) "Licensing authority" means a department,
1-62 commission, board, office, or other agency of the state or a
1-63 political subdivision of the state that issues a license.
1-64 SECTION 3. The requirement under Subsection (b), Article
2-1 62.02, Code of Criminal Procedure, as amended by this Act, that a
2-2 registration form for a sex offender contain information about
2-3 certain licenses held or sought by the offender applies to the
2-4 initial registration form for an offender who first registers on or
2-5 after the effective date of this Act. For an offender who first
2-6 registers before the effective date of this Act, the requirement
2-7 applies to the registration form as modified when the offender
2-8 first verifies registration on or after the effective date.
2-9 Regardless of the date of a sex offender's initial registration,
2-10 all registration forms modified on verification of registration on
2-11 or after the effective date of this Act must contain the licensing
2-12 information.
2-13 SECTION 4. This Act takes effect September 1, 2001.
2-14 * * * * *