By:  Jackson                                          S.B. No. 1206
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to risk assessment procedures used in the sex offender
 1-3     registration program and to duties and immunities for officers and
 1-4     employees who administer the program.
 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-6           SECTION 1.  Subsections (a) and (c), Article 62.03, Code of
 1-7     Criminal Procedure, are amended to read as follows:
 1-8           (a)  Before a person who will be subject to registration
 1-9     under this chapter is due to be released from a penal institution,
1-10     the Texas Department of Criminal Justice or the Texas Youth
1-11     Commission [risk assessment review committee established under
1-12     Article 62.035] shall determine the person's level of risk to the
1-13     community using the sex offender screening tool developed or
1-14     selected under Article 62.035 and [that article,] assign to the
1-15     person a numeric risk level of one, [or] two, or three [and
1-16     immediately send a written notice of the risk level to the penal
1-17     institution from which the person is due to be released].  Before
1-18     releasing the person [On receiving notice under this subsection],
1-19     an official of the penal institution shall:
1-20                 (1)  inform the person that:
1-21                       (A)  not later than the seventh day after the
1-22     date on which the person is released or the date on which the
1-23     person moves from a previous residence to a new residence in this
1-24     state, the person must:
1-25                             (i)  register or verify registration with
 2-1     the local law enforcement authority in the municipality or county
 2-2     in which the person intends to reside; or
 2-3                             (ii)  if the person has not moved to an
 2-4     intended residence, report to the juvenile probation officer,
 2-5     community supervision and corrections department officer, or parole
 2-6     officer supervising the person;
 2-7                       (B)  not later than the seventh day before the
 2-8     date on which the person moves to a new residence in this state or
 2-9     another state, the person must report in person to the local law
2-10     enforcement authority with whom the person last registered and to
2-11     the juvenile probation officer, community supervision and
2-12     corrections department officer, or parole officer supervising the
2-13     person;
2-14                       (C)  not later than the 10th day after the date
2-15     on which the person arrives in another state in which the person
2-16     intends to reside, the person must register with the law
2-17     enforcement agency that is identified by the department as the
2-18     agency designated by that state to receive registration
2-19     information, if the other state has a registration requirement for
2-20     sex offenders; and
2-21                       (D)  not later than the 30th day after the date
2-22     on which the person is released, the person must apply to the
2-23     department in person for the issuance of an original or renewal
2-24     driver's license or personal identification certificate and a
2-25     failure to apply to the department as required by this paragraph
2-26     results in the automatic revocation of any driver's license or
 3-1     personal identification certificate issued by the department to the
 3-2     person;
 3-3                 (2)  require the person to sign a written statement
 3-4     that the person was informed of the person's duties as described by
 3-5     Subdivision (1) or, if the person refuses to sign the statement,
 3-6     certify that the person was so informed;
 3-7                 (3)  obtain the address where the person expects to
 3-8     reside on the person's release and other registration information,
 3-9     including a photograph and complete set of fingerprints; and
3-10                 (4)  complete the registration form for the person.
3-11           (c)  If a person who is subject to registration under this
3-12     chapter receives an order deferring adjudication, placing the
3-13     person on juvenile probation or community supervision, or imposing
3-14     only a fine, the court pronouncing the order or sentence shall make
3-15     a determination of the person's numeric risk level using the sex
3-16     offender screening tool developed or selected under Article 62.035,
3-17     assign to the person a numeric risk level of one, [or] two, or
3-18     three, and ensure that the prerelease notification and registration
3-19     requirements specified in this article are conducted on the day of
3-20     entering the order or sentencing.  If a community supervision and
3-21     corrections department representative is available in court at the
3-22     time a court pronounces a sentence of deferred adjudication or
3-23     community supervision, the representative shall immediately obtain
3-24     the person's numeric risk level from the court and conduct the
3-25     prerelease notification and registration requirements specified in
3-26     this article.  In any other case in which the court pronounces a
 4-1     sentence under this subsection, the court shall designate another
 4-2     appropriate individual to obtain the person's numeric risk level
 4-3     from the court and conduct the prerelease notification and
 4-4     registration requirements specified in this article.
 4-5           SECTION 2.  Article 62.035, Code of Criminal Procedure, is
 4-6     amended to read as follows:
 4-7           Art. 62.035.  RISK ASSESSMENT REVIEW COMMITTEE;  SEX OFFENDER
 4-8     SCREENING TOOL.  (a)  The Texas Department of Criminal Justice
 4-9     shall establish a risk assessment review committee composed of at
4-10     least five members, each of whom is a state employee whose service
4-11     on the review committee is in addition to the employee's regular
4-12     duties.  The review committee, to the extent feasible, should
4-13     include at least:
4-14                 (1)  one member having experience in law enforcement;
4-15                 (2)  one member having experience working with juvenile
4-16     sex offenders;
4-17                 (3)  one member having experience as a sex offender
4-18     treatment provider; and
4-19                 (4)  one member having experience working with victims
4-20     of sex offenses.
4-21           (b)  The risk assessment review committee functions in an
4-22     oversight capacity.  The committee shall:
4-23                 (1)  develop or select from among existing tools a sex
4-24     offender screening tool to be used in determining the level of risk
4-25     of a person subject to registration under this chapter;
4-26                 (2)  ensure that staff are trained on the use of the
 5-1     screening tool;
 5-2                 (3)  monitor the use of the screening tool in the
 5-3     state; and
 5-4                 (4)  analyze other screening tools as they become
 5-5     available and revise or replace the existing screening tool if
 5-6     warranted.
 5-7           (c)  The sex offender screening tool must use an objective
 5-8     point system under which a person is assigned a designated number
 5-9     of points for each of various factors[, such as the nature of the
5-10     offense for which the person is subject to registration, the age of
5-11     the victim, and the number of occasions on which the person has
5-12     been convicted of or adjudicated for an offense for which a person
5-13     is subject to registration under this chapter].  In developing or
5-14     selecting the sex offender screening tool, the risk assessment
5-15     review committee shall use or shall select a screening tool that
5-16     may be adapted to use the following general guidelines:
5-17                 (1)  level one (low):[]
5-18                       [(A)]  a designated range [number] of points [or
5-19     higher] on the sex offender screening tool indicating that the
5-20     person poses a low danger to the community and will not likely
5-21     engage in criminal sexual conduct; [and]
5-22                       [(B)  a basis for concern that the person poses a
5-23     serious danger to the community or will continue to engage in
5-24     criminal sexual conduct;]
5-25                 (2)  level two (moderate)[, either, but not both, of
5-26     the following]:
 6-1                       [(A)]  a designated range [number] of points [or
 6-2     higher] on the sex offender screening tool indicating[; or]
 6-3                       [(B)  a basis for concern] that the person poses
 6-4     a moderate [serious] danger to the community and may [or will]
 6-5     continue to engage in criminal sexual conduct; and
 6-6                 (3)  level three (high):  a designated range of points
 6-7     on the sex offender screening tool indicating [no basis for
 6-8     concern] that the person poses a serious danger to the community
 6-9     and [or] will continue to engage in criminal sexual conduct.
6-10           (d)  The risk assessment review committee, the Texas
6-11     Department of Criminal Justice, the Texas Youth Commission, or a
6-12     court may override a risk level only if the entity:
6-13                 (1)  believes that the risk level assessed is not an
6-14     accurate prediction of the risk the offender poses to the
6-15     community; and
6-16                 (2)  documents the reason for the override in the
6-17     offender's case file.
6-18           (e)  Notwithstanding Chapter 58, Family Code, records and
6-19     files, including records that have been sealed under Section 58.003
6-20     of that code, relating to a person for whom a court, the Texas
6-21     Department of Criminal Justice, or the Texas Youth Commission is
6-22     required under this article to determine a level of risk shall be
6-23     released to the court, department, or commission, as appropriate,
6-24     for the purpose of determining the person's risk level.
6-25           (f)  Chapter 551, Government Code, does not apply to a
6-26     meeting of the risk assessment review committee.
 7-1           [(c)  The risk assessment review committee may assign to a
 7-2     person a numeric risk level of three only on receipt of notice
 7-3     under Article 62.04 that the person intends to move to a new
 7-4     residence in this state and only if:]
 7-5                 [(1)  the person was originally assigned a numeric risk
 7-6     level of two under Article 62.03;]
 7-7                 [(2)  the committee considers any information available
 7-8     to the committee that was used by the committee or by the court at
 7-9     the time of assigning to the person a numeric risk level of two;
7-10     and]
7-11                 [(3)  the basis on which the person is subject to
7-12     registration is a conviction of or a grant of deferred adjudication
7-13     for an offense under Section 21.11 or Section 22.011(a)(2), Penal
7-14     Code, or an adjudication of delinquent conduct based on a violation
7-15     of one of those offenses, committed against a victim who is of the
7-16     opposite sex of the person and is not more than five years younger
7-17     than the person.]
7-18           SECTION 3.  Subsections (d) and (f), Article 62.04, Code of
7-19     Criminal Procedure, are amended to read as follows:
7-20           (d)  Not later than the third day after receipt of
7-21     information under Subsection (a)  or (b), whichever is earlier, the
7-22     local law enforcement authority shall forward this information to
7-23     the department and, if the person intends to move to another
7-24     municipality or county in this state, to the applicable local law
7-25     enforcement authority in that municipality or county [and, if the
7-26     person meets the criteria described by Article 62.035(c)(3) to be
 8-1     reassigned a numeric risk level of three, to the risk assessment
 8-2     review committee established under that article.  On receipt of
 8-3     information under this subsection, the risk assessment review
 8-4     committee shall determine whether the person meets the criteria to
 8-5     be reassigned a numeric risk level of three, assign to the person a
 8-6     numeric risk level of three, if the person meets that criteria, and
 8-7     immediately send a written notice of the person's risk level to the
 8-8     department and to the local law enforcement authority in the
 8-9     municipality or county where the person intends to reside].
8-10           (f)  If the person moves to another municipality or county in
8-11     this state, the department shall inform the applicable local law
8-12     enforcement authority in the new area of the person's residence not
8-13     later than the third day after the date on which the department
8-14     receives information under Subsection (a).  Not later than the
8-15     eighth day after the date on which the local law enforcement
8-16     authority is informed under Subsection (a)  or under this
8-17     subsection, the authority shall verify the age of the victim, the
8-18     age of the person subject to registration, the basis on which the
8-19     person is subject to registration under this chapter, and the
8-20     person's numeric risk level.  If the victim is a child younger than
8-21     17 years of age, the basis on which the person is subject to
8-22     registration is not an adjudication of delinquent conduct and is
8-23     not a conviction or a deferred adjudication for an offense under
8-24     Section 25.02, Penal Code, and the person is not assigned a numeric
8-25     risk level of one [three], the authority shall immediately publish
8-26     notice in English and Spanish in the newspaper of greatest paid
 9-1     circulation in the county in which the person subject to
 9-2     registration intends to reside or, if there is no newspaper of paid
 9-3     circulation in that county, in the newspaper of greatest general
 9-4     circulation in the county.    The local law enforcement authority
 9-5     shall publish a duplicate notice in the newspaper, with any
 9-6     necessary corrections, during the week immediately following the
 9-7     week of initial publication.  If the victim is a child younger than
 9-8     17 years of age or the person subject to registration is 17 years
 9-9     of age or older and a student enrolled in a public or private
9-10     secondary school, regardless of the basis on which the person is
9-11     subject to registration or the person's numeric risk level, the
9-12     authority shall immediately provide notice to the superintendent of
9-13     the public school district and to the administrator of any private
9-14     primary or secondary school located in the public school district
9-15     in which the person subject to registration intends to reside by
9-16     mail to the office of the superintendent or administrator, as
9-17     appropriate.  On receipt of a notice under this subsection, the
9-18     superintendent shall release the information contained in the
9-19     notice to appropriate school district personnel, including peace
9-20     officers and security personnel, principals, nurses, and
9-21     counselors.
9-22           SECTION 4.  Subsections (a) and (d), Article 62.045, Code of
9-23     Criminal Procedure, are amended to read as follows:
9-24           (a)  On receipt of notice under this chapter that a person
9-25     subject to registration is due to be released from a penal
9-26     institution, has been placed on community supervision or juvenile
 10-1    probation, or intends to move to a new residence in this state, the
 10-2    department shall verify the person's numeric risk level assigned
 10-3    under this chapter.  If the person is assigned a numeric risk level
 10-4    of three [one], the department shall, not later than the seventh
 10-5    day after the date on which the person is released or the 10th day
 10-6    after the date on which the person moves, provide written notice
 10-7    mailed or delivered to at least each residential address within a
 10-8    one-mile radius, in an area that has not been subdivided, or a
 10-9    three-block area, in an area that has been subdivided, of the place
10-10    where the person intends to reside.  In providing written notice
10-11    under this subsection, the department shall use employees of the
10-12    department whose duties in providing the notice are in addition to
10-13    the employees' regular duties.
10-14          (d)  On receipt of notice under this chapter that a person
10-15    subject to registration under this chapter is required to register
10-16    or verify registration with a local law enforcement authority and
10-17    has been assigned a numeric risk level of three [one], the local
10-18    law enforcement authority may provide notice to the public in any
10-19    manner determined appropriate by the local law enforcement
10-20    authority, including holding a neighborhood meeting, posting
10-21    notices in the area where the person intends to reside,
10-22    distributing printed notices to area residents, or establishing a
10-23    specialized local website.  The local law enforcement authority may
10-24    include in the notice any information that is public information
10-25    under this chapter.
10-26          SECTION 5.  Chapter 62, Code of Criminal Procedure, is
 11-1    amended by adding Article 62.091 to read as follows:
 11-2          Art. 62.091.  GENERAL IMMUNITY.  The following persons are
 11-3    immune from liability for good faith conduct under this chapter:
 11-4                (1)  an employee or officer of the Texas Department of
 11-5    Criminal Justice, the Texas Youth Commission, the Texas Juvenile
 11-6    Probation Commission, or the Department of Public Safety;
 11-7                (2)  an employee or officer of a community supervision
 11-8    and corrections department or a juvenile probation department; and
 11-9                (3)  a member of the judiciary.
11-10          SECTION 6.  This Act takes effect September 1, 2001.