SRC-AMY C.S.S.B. 166 78(R)    BILL ANALYSIS


Senate Research CenterC.S.S.B. 166
78R9595 KEL-DBy: Shapiro
Subcommittee on Higher Education
4/25/2003
Committee Report (Substituted)

DIGEST AND PURPOSE 


Currently, it is unclear whether all relevant Texas laws comply with
federal guidelines regarding sexual offenders.  Texas laws must comply
with federal guidelines for the state to receive continued federal funding
under the Jacob Wetterling Crimes Against Children and Sexual Violent
Offender Registration Act.  C.S.S.B. 166 adds definitions of "public or
private institution of higher education" and "authority for campus
security"  to the Code of Criminal Procedure and requires the sex offender
registration form to include whether the offender with be employed by or
attending an institution of higher learning, and, if so, the institution's
name and address.  This bill sets a time line in which a person required
to register as a sex offender is required to register with the local
campus authority, and includes provisions to ensure monitoring of a sex
offender employed by or attending an institution of higher education, and
provisions regarding reports of status changes. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to
a state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Article 62.01, Code of Criminal Procedure, by adding
Subdivisions (8) and (9) to define "public or private institution of
higher education" and "authority for campus security." 

SECTION 2. Amends Article 62.011(b), Code of Criminal Procedure, to
specify that a person is a student for the purposes of this chapter if the
person enrolls on a full-time or part-time basis in any educational
facility, and makes a conforming change. 

SECTION 3. Amends Articles 62.02 (b) and (g), Code of Criminal Procedure,
as follows: (b) Adds the authority for campus security to the list of
agencies to be provided with forms to register people required to register
under this chapter. Requires the form to  include whether the person will
be working at or attending an institution of higher education, in- or
out-of-state, and the name and address thereof. Redesignates subsection
(6) to (7).  

(g) Requires the person to register with the authority for campus security
within 10 days of starting work or school if the other state requires
registration for sex offenders,  as well as registering with the law
enforcement authority designated by that state to register such offenders. 

SECTION 4. Amends Articles 62.03 (a) and (h), Code of Criminal Procedure,
as follows 

(a) Includes in the list of directions an official of the penal
institution before releasing a person subject to registration under this
chapter the requirement that the person notify appropriate entities of any
change in status as described by Article 62.05.  Makes a conforming
change. 

(h) Specifies where a person intending to be employed by or attend a
public or private institution of higher education is required to register
and the entity to  notify when the person stops working or attending
school. Makes nonsubstantive changes and a conforming change. 

SECTION 5. Amends Article 62.05, Code of Criminal Procedure, as follows:

Art. 62.05.  New Heading: STATUS REPORT BY SUPERVISING OFFICER OR LOCAL
LAW ENFORCEMENT AGENCY. (a) Requires the official monitoring a person to
report to the appropriate agencies any change in educational status and
higher educational status, as well as existing monitoring requirements.
Requires the supervising officer, rather than the person's supervising
officer, to notify the appropriate agencies if the person moves. Requires
the supervising officer, not later than the seventh day after the date the
supervising officer receives the relevant information, to notify the local
law enforcement authority of any certain change in the person's job or
educational status. Makes a conforming change. 

(b) Specifies what constitutes a change in a person's educational status.
Makes conforming and nonsubstantive changes. 

SECTION 6. Amends Chapter 62, Code of Criminal Procedure, by adding
Article 62.064 as follows: 

Art. 62.064. REGISTRATION OF WORKERS OR STUDENTS AT INSTITUTIONS OF HIGHER
EDUCATION. (a) Requires a person required to register under Article 62.061
to report to the relevant authority within seven days of the date the
person begins to work or attend school at an institution of higher
education 

(b) Requires a person described by Subsection (a) to provide the authority
for campus security or local law enforcement authority with all
information the person is required to provide under Article 62.02(b). 

(c) Requires a person to inform the appropriate authority within seven
days of terminating status as a worker or student at the institution. 

(d) Requires the authority for campus security or local law enforcement
authority to promptly forward to the administrative office of the
institution any information received from the person under this article
and any information received from the Department of Public Safety under
Article 62.08. 

(e) Exempts a person from the registration requirement at a local law
enforcement authority if it constitutes a duplicate requirement. 

(f) Exempts an authority for campus security from public notification and
notification of private or public primary or secondary schools
requirements. Also exempts a local law enforcement authority from the
requirement in the absence of other notification requirements. 

(g) Establishes that, notwithstanding Article 62.062, the requirements of
this article supersedes those of Article 62.062 for those persons subject
both to Article 62.062 and this article. 

(h) Requires a person described by Subsection (a) who is employed,
carrying on a vocation, or is a student at a public or private institution
of higher education in this state on September 1, 2003, regardless of the
date on which the person began to work or attend school, to report that
fact no later than October 1, 2003, to the appropriate authority.
Provides that this subsection expires September 1, 2004. 

SECTION 7. Amends Article 62.08, Code of Criminal Procedure, by amending
Subsection (b) and adding Subsections (h) and (i), as follows: 

 (b) Makes a conforming change.

(h) Requires the Department of Public Safety (DPS), within a certain time
frame of applicable information becoming available through certain
avenues, to inform certain entities, of any person required  to register
under this chapter who is or will be employed, carrying on a vocation, or
a student at a public or private institution of higher education in this
state. 

(i) Requires DPS to provide, upon written request, any information
described in Subsection (a) to the institution of higher education with
which the person has applied to work or study. 

SECTION 8. Amends Articles 62.09 (a) and (d), Code of Criminal Procedure,
to authorize an authority for campus security, as well as other law
enforcement entities, and a public or private institution of higher
education, along with other educational entities, to release information
to the public about a person required to register under this chapter, only
if that information is public. Makes a nonsubstantive change. Exempts a
public or private institution of higher education, along with other
educational entities, from liability for damages resulting from conduct
authorized by this subsection. 

SECTION 9.  Amends Article 62.13, Code of Criminal Procedure, by amending
Subsections (k), (o), (q), and (r) and adding Subsection (q-1), as
follows: 

(k) and (o) Make conforming changes.

(q) Requires a copy of the court's order, if the court grants the motion,
to be sent to certain entities. 

(q-1) Creates this subsection from existing text. Requires the order under
Subsection (q) to require the recipient to conform its records to the
court's orders either by deleting the sex offender registration
information or changing its status to nonpublic.  Prohibits a public or
private institution of higher education from being required to delete the
sex offender registration information under this subsection. 

(r) Makes a conforming change.

SECTION 10.  (a) Requires DPS to establish required procedures to
implement this Act by October 1, 2003. 

(b) Makes application of this Act retroactive.

SECTION 11.  Effective date: September 1, 2003.