78R7710 KEL-F

By:  Grusendorf                                                   H.B. No. 2219



A BILL TO BE ENTITLED

AN ACT

relating to the requirements, administration, and enforcement of 
sex offender registration.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Article 62.0101(a), Code of Criminal Procedure, 
is amended to read as follows:
	(a)  The department is responsible for determining for the 
purposes of this chapter whether an offense under the laws of 
another state, the prior laws of this state, federal law, or the 
Uniform Code of Military Justice contains elements that are 
substantially similar to the elements of an offense under the laws 
of this state.
	SECTION 2.  Article 62.03(c), Code of Criminal Procedure, is 
amended to read as follows:
	(c)  If a person who is subject to registration under this 
chapter receives an order deferring adjudication, placing the 
person on juvenile probation or community supervision, or imposing 
only a fine, the court pronouncing the order or sentence shall make 
a determination of the person's [numeric] risk level using the sex 
offender screening tool developed or selected under Article 62.035, 
assign to the person a [numeric] risk level of low, moderate [one, 
two], or high [three], and ensure that the prerelease notification 
and registration requirements specified in this article are 
conducted on the day of entering the order or sentencing.  If a 
community supervision and corrections department representative is 
available in court at the time a court pronounces a sentence of 
deferred adjudication or community supervision, the representative 
shall immediately obtain the person's [numeric] risk level from the 
court and conduct the prerelease notification and registration 
requirements specified in this article.  In any other case in which 
the court pronounces a sentence under this subsection, the court 
shall designate another appropriate individual to obtain the 
person's [numeric] risk level from the court and conduct the 
prerelease notification and registration requirements specified in 
this article.
	SECTION 3.  Article 62.05(b), Code of Criminal Procedure, is 
amended to read as follows:
	(b)  A person subject to registration under this chapter 
shall report to the local law enforcement authority any change in 
the person's physical health or job status or name, gender, vehicle 
information, or appearance not later than the seventh day after the 
date of the change.  For purposes of this subsection, a person's job 
status changes if the person leaves employment for any reason, 
remains employed by an employer but changes the location at which 
the person works, or begins employment with a new employer.  For 
purposes of this subsection, a person's health status changes if 
the person is hospitalized as a result of an illness.
	SECTION 4.  Chapter 13, Code of Criminal Procedure, is 
amended by adding Article 13.28 to read as follows:
	Art. 13.28.  SEX OFFENDER REGISTRATION OFFENSES.  An offense 
committed in violation of the sex offender registration 
requirements of Chapter 62 may be prosecuted in the county in which 
the person subject to registration under that chapter is 
apprehended, in any county in which an element of the offense 
occurs, or in the county that that person has proposed as an 
intended residence.
	SECTION 5.  Article 62.061(c), Code of Criminal Procedure, 
as added by Chapters 1193 and 1415, Acts of the 76th Legislature, 
Regular Session, 1999, is repealed.
	SECTION 6.  This Act takes effect immediately if it receives 
a vote of two-thirds of all the members elected to each house, as 
provided by Section 39, Article III, Texas Constitution.  If this 
Act does not receive the vote necessary for immediate effect, this 
Act takes effect September 1, 2003.