78R10935 PEP-D


By:  Allen                                                        H.B. No. 244

Substitute the following for H.B. No. 244:                                    

By:  Keel                                                     C.S.H.B. No. 244



A BILL TO BE ENTITLED

AN ACT

relating to public notice of information regarding certain 
registered sex offenders.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Article 62.03(e), Code of Criminal Procedure, is 
amended to read as follows:
	(e)  Not later than the eighth day after receiving a 
registration form under Subsection (b), (c), or (d), the local law 
enforcement authority shall verify the age of the victim, [the age 
of the person subject to registration,] the basis on which the 
person is subject to registration under this chapter, and the 
person's numeric risk level.  The [If the victim is a child younger 
than 17 years of age and the basis on which the person is subject to 
registration is not an adjudication of delinquent conduct and is 
not a conviction or a deferred adjudication for an offense under 
Section 25.02, Penal Code, the] authority shall immediately publish 
notice in English and Spanish in the newspaper of greatest paid 
circulation in the county in which the person subject to 
registration intends to reside or, if there is no newspaper of paid 
circulation in that county, in the newspaper of greatest general 
circulation in the county, except as provided by Article 62.031.  If 
the authority publishes notice under this subsection, the [The] 
authority shall publish a duplicate notice in the newspaper, with 
any necessary corrections, during the week immediately following 
the week of initial publication.  The local law enforcement  [If the 
victim is a child younger than 17 years of age or the person subject 
to registration is 17 years of age or older and a student enrolled 
in a public or private secondary school, regardless of the basis on 
which the person is subject to registration, the] authority shall 
also immediately provide notice to the superintendent of the public 
school district and to the administrator of any private primary or 
secondary school located in the public school district in which the 
person subject to registration intends to reside by mail to the 
office of the superintendent or administrator, as appropriate, in 
accordance with Article 62.032.  On receipt of a notice under this 
subsection, the superintendent shall release the information 
contained in the notice to appropriate school district personnel, 
including peace officers and security personnel, principals, 
nurses, and counselors.
	SECTION 2.  Chapter 62, Code of Criminal Procedure, is 
amended by adding Articles 62.031 and 62.032 to read as follows:
	Art. 62.031.  LIMITATIONS ON NEWSPAPER PUBLICATION.  (a)  A 
local law enforcement authority may not publish notice in a 
newspaper under Article 62.03(e) or 62.04(f) if the basis on which 
the person is subject to registration is:
		(1)  an adjudication of delinquent conduct; or                         
		(2)  a conviction or a deferred adjudication for an 
offense under Section 25.02, Penal Code, or an offense under the 
laws of another state, federal law, or the Uniform Code of Military 
Justice that contains elements substantially similar to the 
elements of an offense under Section 25.02, Penal Code, if the 
victim was at the time of the offense a child younger than 17 years 
of age.
	(b)  In addition to the prohibition on publication 
established under Subsection (a), a local law enforcement authority 
may not publish notice in a newspaper under Article 62.04(f) if the 
person subject to registration is assigned a numeric risk level of 
one.
	Art. 62.032.  CIRCUMSTANCES REQUIRING NOTICE TO 
SUPERINTENDENT OR SCHOOL ADMINISTRATOR.  (a)  A local law 
enforcement authority shall provide notice to the superintendent 
and each administrator under Article 62.03(e) or 62.04(f) only if:
		(1)  the victim was at the time of the offense a child 
younger than 17 years of age or a student enrolled in a public or 
private secondary school;
		(2)  the person subject to registration is a student 
enrolled in a public or private secondary school; or
		(3)  the basis on which the person is subject to 
registration is a conviction, a deferred adjudication, or an 
adjudication of delinquent conduct for an offense under Section 
43.25 or 43.26, Penal Code, or an offense under the laws of another 
state, federal law, or the Uniform Code of Military Justice that 
contains elements substantially similar to the elements of an 
offense under either of those sections.
	(b)  A local law enforcement authority may not provide notice 
to the superintendent or any administrator under Article 62.03(e) 
or 62.04(f) if the basis on which the person is subject to 
registration is a conviction, a deferred adjudication, or an 
adjudication of delinquent conduct for an offense under Section 
25.02, Penal Code,  or an offense under the laws of another state, 
federal law, or the Uniform Code of Military Justice that contains 
elements substantially similar to the elements of an offense under 
that section.
	SECTION 3.  Article 62.04(f), Code of Criminal Procedure, is 
amended to read as follows:
	(f)  If the person moves to another municipality or county in 
this state, the department shall inform the applicable local law 
enforcement authority in the new area of the person's residence not 
later than the third day after the date on which the department 
receives information under Subsection (a).  Not later than the 
eighth day after the date on which the local law enforcement 
authority is informed under Subsection (a) or under this 
subsection, the authority shall verify the age of the victim, [the 
age of the person subject to registration,] the basis on which the 
person is subject to registration under this chapter, and the 
person's numeric risk level.  The [If the victim is a child younger 
than 17 years of age, the basis on which the person is subject to 
registration is not an adjudication of delinquent conduct and is 
not a conviction or a deferred adjudication for an offense under 
Section 25.02, Penal Code, and the person is not assigned a numeric 
risk level of one, the] authority shall immediately publish notice 
in English and Spanish in the newspaper of greatest paid 
circulation in the county in which the person subject to 
registration intends to reside or, if there is no newspaper of paid 
circulation in that county, in the newspaper of greatest general 
circulation in the county, except as provided by Article 62.031.  If 
the authority publishes notice under this subsection, the [The 
local law enforcement] authority shall publish a duplicate notice 
in the newspaper, with any necessary corrections, during the week 
immediately following the week of initial publication.  The local 
law enforcement [If the victim is a child younger than 17 years of 
age or the person subject to registration is 17 years of age or 
older and a student enrolled in a public or private secondary 
school, regardless of the basis on which the person is subject to 
registration or the person's numeric risk level, the] authority 
shall also immediately provide notice to the superintendent of the 
public school district and to the administrator of any private 
primary or secondary school located in the public school district 
in which the person subject to registration intends to reside by 
mail to the office of the superintendent or administrator, as 
appropriate, in accordance with Article 62.032.  On receipt of a 
notice under this subsection, the superintendent shall release the 
information contained in the notice to appropriate school district 
personnel, including peace officers and security personnel, 
principals, nurses, and counselors.
	SECTION 4.  This Act takes effect September 1, 2003.