SRC-TAG C.S.S.B. 871 78(R)    BILL ANALYSIS


Senate Research CenterC.S.S.B. 871
78R13416 KEL-DBy: Shapiro
Criminal Justice
4/28/2003
Committee Report (Substituted)

DIGEST AND PURPOSE 

C.S.S.B. 871 adds clarifying language stating that the Texas Department of
Public Safety (DPS) shall determine which local law enforcement agency
serves as the primary registration authority for a person required to
register as a sex offender and directs DPS to notify the sex offender of
who is his or her primary local law enforcement  registration authority.  

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 Chapter 62, Code of Criminal Procedure, by adding
Article 62.0102, as follows: 
 
Art. 62.0102.  DETERMINATION REGARDING PRIMARY REGISTRATION AUTHORITY.
(a)  Requires the Department of Public Safety (DPS) to determine, for each
person subject to registration under this chapter, which local law
enforcement authority serves as the person's primary registration
authority based on the municipality or county in which the person resides
or, as provided by Article 62.061, as added by Chapters 1193 and 1415,
Acts of the 76th Legislature, Regular Session, 1999, the municipality or
county in which the person works or attends school. 

(b)  Requires the DPS to ensure that each person subject to registration
under this chapter is notified of the person's primary registration
authority in a timely manner. 

SECTION 2.  Amends Article 62.011(a), Code of Criminal Procedure, to
provide that a person is employed or carries on a vocation for purposes of
this chapter if the person works or volunteers on a full-time or part-time
basis for a consecutive period exceeding 14 days or for an aggregate
period exceeding 30 days in a calendar year.  Provides that a person works
for purposes of this subsection regardless off whether the person works
for compensation or for governmental or educational benefit.  Makes a
nonsubstantive change. 

SECTION 3.  Amends Article 62.03(a), Code of Criminal Procedure, to make
conforming changes. 

SECTION 4.  Amends Articles 62.04(a), (b), and (e), Code of Criminal
Procedure,  

(a)  Makes a conforming change.
  
 (b)  Makes a conforming change.

(e)  Requires a person, if a person who reports to a local law enforcement
authority under Subsection (a) does not move on or before the anticipated
move date or does not move to the new address provided to the authority,
not later  than the seventh day after the anticipated move date, to report
to the local law enforcement authority designated as the person's primary
registration authority by DPS, rather than with whom the person last
registered not later than the seventh day after the anticipated move date,
and provide an explanation to the authority regarding any changes in the
anticipated move date and intended residence. 

SECTION 5.  Amends Article 62.05(b), Code of Criminal Procedure, to make
conforming changes. 

SECTION 6.  Amends Articles 62.06(a), (b), and (d), Code of Criminal
Procedures, to make conforming changes. 

SECTION 7.  Amends Article 62.061(a), Code of Criminal Procedure, as added
by Chapter 444, Acts of the 76th Legislature, Regular Session, 1999, to
make a conforming change. 

SECTION 8.  Provides that Article 62.12(a), Code of Criminal Procedure,
as amended by Chapters 211 and 1297, Acts of the 77th Legislature, Regular
Session, 2001, is amended to delete text referencing Chapter 1193, Acts of
the 76th Legislature, Regular Session, 1999, and reenacted. 

SECTION 9.  Provides that the change in law made by this Act applies to a
person subject to registration under Chapter 62, Code of Criminal
Procedure, for an offense or conduct that was committed before, on, or
after the effective date of this Act. 

SECTION 10.  Effective date: September 1, 2003.