By:  Shapiro                                                      S.B. No. 166

A BILL TO BE ENTITLED
AN ACT
relating to sex offender registration requirements imposed on certain higher education workers or students, to immunity for release of public information obtained as a result of those requirements, and to reports of status changes. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Article 62.01, Code of Criminal Procedure, is amended by adding Subdivisions (8) and (9) to read as follows: (8) "Public or private institution of higher education" includes a college, university, community college, or technical or trade institute. (9) "Authority for campus security" means the authority with primary law enforcement jurisdiction over property under the control of a public or private institution of higher education, other than a local law enforcement authority. SECTION 2. Subsection (b), Article 62.011, Code of Criminal Procedure, is amended to read as follows: (b) A person is a student for purposes of this chapter if the person enrolls on a full-time or part-time basis in any educational facility, including: (1) a public or private primary or secondary school, including a high school or alternative learning center; or (2) a public or private institution of higher education[, including a college, university, community college, or technical or trade institute]. SECTION 3. Subsections (b) and (g), Article 62.02, Code of Criminal Procedure, are amended to read as follows: (b) The department shall provide the Texas Department of Criminal Justice, the Texas Youth Commission, the Texas Juvenile Probation Commission, and each local law enforcement authority, authority for campus security, county jail, and court with a form for registering persons required by this chapter to register. The registration form shall require: (1) the person's full name, each alias, date of birth, sex, race, height, weight, eye color, hair color, social security number, driver's license number, shoe size, and home address; (2) a recent color photograph or, if possible, an electronic digital image of the person and a complete set of the person's fingerprints; (3) the type of offense the person was convicted of, the age of the victim, the date of conviction, and the punishment received; (4) an indication as to whether the person is discharged, paroled, or released on juvenile probation, community supervision, or mandatory supervision; (5) an indication of each license, as defined by Article 62.08(f), that is held or sought by the person; [and] (6) an indication as to whether the person is or will be employed, carrying on a vocation, or a student at a particular public or private institution of higher education in this state or another state, and the name and address of that institution; and (7) any other information required by the department. (g) If the other state has a registration requirement for sex offenders, a person who has a reportable conviction or adjudication, who resides in this state, and who is employed, carries on a vocation, or is a student in another state shall, not later than the 10th day after the date on which the person begins to work or attend school in the other state, register with the law enforcement authority that is identified by the department as the authority designated by that state to receive registration information. If the person is employed, carries on a vocation, or is a student at a public or private institution of higher education in the other state and if an authority for campus security exists at the institution, the person shall also register with that authority not later than the 10th day after the date on which the person begins to work or attend school. SECTION 4. Subsections (a) and (h), Article 62.03, Code of Criminal Procedure, are amended to read as follows: (a) Before a person who will be subject to registration under this chapter is due to be released from a penal institution, the Texas Department of Criminal Justice or the Texas Youth Commission shall determine the person's level of risk to the community using the sex offender screening tool developed or selected under Article 62.035 and assign to the person a numeric risk level of one, two, or three. Before releasing the person, an official of the penal institution shall: (1) inform the person that: (A) not later than the seventh day after the date on which the person is released or the date on which the person moves from a previous residence to a new residence in this state, the person must: (i) register or verify registration with the local law enforcement authority in the municipality or county in which the person intends to reside; or (ii) if the person has not moved to an intended residence, report to the juvenile probation officer, community supervision and corrections department officer, or parole officer supervising the person; (B) not later than the seventh day before the date on which the person moves to a new residence in this state or another state, the person must report in person to the local law enforcement authority with whom the person last registered and to the juvenile probation officer, community supervision and corrections department officer, or parole officer supervising the person; (C) not later than the 10th day after the date on which the person arrives in another state in which the person intends to reside, the person must register with the law enforcement agency that is identified by the department as the agency designated by that state to receive registration information, if the other state has a registration requirement for sex offenders; [and] (D) not later than the 30th day after the date on which the person is released, the person must apply to the department in person for the issuance of an original or renewal driver's license or personal identification certificate and a failure to apply to the department as required by this paragraph results in the automatic revocation of any driver's license or personal identification certificate issued by the department to the person; and (E) the person must notify appropriate entities of any change in status as described by Article 62.05; (2) require the person to sign a written statement that the person was informed of the person's duties as described by Subdivision (1) or Subsection (h) or, if the person refuses to sign the statement, certify that the person was so informed; (3) obtain the address where the person expects to reside on the person's release and other registration information, including a photograph and complete set of fingerprints; and (4) complete the registration form for the person. (h) Before a person who will be subject to registration under this chapter is due to be released from a penal institution in this state, an official of the penal institution shall inform the person that: (1) if the person intends to reside in another state and to work or attend school in this state, the person must, not later than the seventh day after the date on which the person begins to work or attend school, register or verify registration with the local law enforcement authority in the municipality or county in which the person intends to work or attend school; [and] (2) if the person intends to reside in this state and to work or attend school in another state and if the other state has a registration requirement for sex offenders, the person must: (A) [,] not later than the 10th day after the date on which the person begins to work or attend school in the other state, register with the law enforcement authority that is identified by the department as the authority designated by that state to receive registration information; and (B) if the person intends to be employed, carry on a vocation, or be a student at a public or private institution of higher education in the other state and if an authority for campus security exists at the institution, register with that authority not later than the 10th day after the date on which the person begins to work or attend school; and (3) regardless of the state in which the person intends to reside, if the person intends to be employed, carry on a vocation, or be a student at a public or private institution of higher education in this state, the person must: (A) not later than the seventh day after the date on which the person begins to work or attend school, register with: (i) the authority for campus security for that institution; or (ii) except as provided by Article 62.064(e), if an authority for campus security for that institution does not exist, the local law enforcement authority of: (a) the municipality in which the institution is located; or (b) the county in which the institution is located, if the institution is not located in a municipality; and (B) not later than the seventh day after the date the person stops working or attending school, notify the appropriate authority for campus security or local law enforcement authority of the termination of the person's status as a worker or student. SECTION 5. Article 62.05, Code of Criminal Procedure, is amended to read as follows: Art. 62.05. STATUS REPORT BY SUPERVISING OFFICER OR LOCAL LAW ENFORCEMENT AGENCY. (a) If the juvenile probation officer, community supervision and corrections department officer, or parole officer supervising a person subject to registration under this chapter receives information to the effect that the person's status has changed in any manner that affects proper supervision of the person, including a change in the person's physical health, job or educational status, higher educational status, incarceration, or terms of release, the supervising officer shall promptly notify the appropriate local law enforcement authority or authorities of that change. If the person required to register intends to change address, the [person's] supervising officer shall notify the local law enforcement authorities designated by Article 62.04(b). Not later than the seventh day after the date the supervising officer receives the relevant information, the supervising officer shall notify the local law enforcement authority of any change in the person's job or educational status in which the person: (1) becomes employed, begins to carry on a vocation, or becomes a student at a particular public or private institution of higher education; or (2) terminates the person's status in that capacity. (b) Not later than the seventh day after the date of the change, a [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 in the person's job or educational status, including higher educational status [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. For purposes of this subsection, a change in a person's educational status includes the person's transfer from one educational facility to another. Not later than the seventh day after the date the local law enforcement authority receives the relevant information, the local law enforcement authority shall notify the department of any change in the person's job or educational status in which the person: (1) becomes employed, begins to carry on a vocation, or becomes a student at a particular public or private institution of higher education; or (2) terminates the person's status in that capacity. SECTION 6. Chapter 62, Code of Criminal Procedure, is amended by adding Article 62.064 to read as follows: Art. 62.064. REGISTRATION OF WORKERS OR STUDENTS AT INSTITUTIONS OF HIGHER EDUCATION. (a) Not later than the seventh day after the date on which the person begins to work or attend school, a person required to register under Article 62.061, as added by Chapters 1193 and 1415, Acts of the 76th Legislature, Regular Session, 1999, or any other provision of this chapter who is employed, carries on a vocation, or is a student at a public or private institution of higher education in this state shall report that fact to: (1) the authority for campus security for that institution; or (2) if an authority for campus security for that institution does not exist, the local law enforcement authority of: (A) the municipality in which the institution is located; or (B) the county in which the institution is located, if the institution is not located in a municipality. (b) A person described by Subsection (a) shall provide the authority for campus security or the local law enforcement authority with all information the person is required to provide under Article 62.02(b). (c) A person described by Subsection (a) shall notify the authority for campus security or the local law enforcement authority not later than the seventh day after the date of termination of the person's status as a worker or student at the institution. (d) The authority for campus security or the local law enforcement authority shall 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 under Article 62.08. (e) Subsection (a)(2) does not require a person to register at a local law enforcement authority if the person is otherwise required by this chapter to register at that authority. (f) This article does not impose the requirements of public notification or notification to public or private primary or secondary schools on: (1) an authority for campus security; or (2) a local law enforcement authority, if those requirements relate to a person about whom the authority is not otherwise required by this chapter to make notifications. (g) Notwithstanding Article 62.062, the requirements of this article supersede those of Article 62.062 for a person required to register under both this article and Article 62.062. (h) Regardless of the date on which the person began to work or attend school, 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, shall report that fact not later than October 1, 2003, to the appropriate authority as described by Subsection (a). This subsection expires September 1, 2004. SECTION 7. Article 62.08, Code of Criminal Procedure, is amended by amending Subsection (b) and adding Subsections (h) and (i) to read as follows: (b) The information contained in the database is public information, with the exception of any information: (1) regarding the person's social security number, driver's license number, or telephone number; (2) that is required by the department under Article 62.02(b)(7) [62.02(b)(6)]; or (3) that would identify the victim of the offense for which the person is subject to registration. (h) Not later than the third day after the date on which the applicable information becomes available through the person's registration or verification of registration or under Article 62.05, the department shall send notice 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 to: (1) for an institution in this state: (A) the authority for campus security for that institution; or (B) if an authority for campus security for that institution does not exist, the local law enforcement authority of: (i) the municipality in which the institution is located; or (ii) the county in which the institution is located, if the institution is not located in a municipality; or (2) for an institution in another state, any existing authority for campus security at that institution. (i) On the written request of an institution of higher education described by Subsection (h) that identifies an individual and states that the individual has applied to work or study at the institution, the department shall release any information described by Subsection (a) to the institution. SECTION 8. Subsections (a) and (d), Article 62.09, Code of Criminal Procedure, are amended to read as follows: (a) The department, a penal institution, [or] a local law enforcement authority, or an authority for campus security may release to the public information regarding a person required to register only if the information is public information under this chapter. (d) A private primary or secondary school, public or private institution of higher education, or administrator of a private primary or secondary school or public or private institution of higher education may release to the public information regarding a person required to register only if the information is public information under this chapter and is released to the administrator under Article 62.03, [or] 62.04, 62.064, or 62.08. A private primary or secondary school, public or private institution of higher education, or administrator of a private primary or secondary school or public or private institution of higher education is not liable under any law for damages arising from conduct authorized by this subsection. SECTION 9. Article 62.13, Code of Criminal Procedure, is amended by amending Subsections (k), (o), (q), and (r) and adding Subsection (q-1) to read as follows: (k) After a hearing under Subsection (b) or under a plea agreement under Subsection (f), the juvenile court may enter an order requiring the respondent to register as a sex offender but provide that the registration information is not public information and is restricted to use by law enforcement and criminal justice agencies and public or private institutions of higher education. Information obtained under this subsection may not be posted on the Internet or released to the public. (o) To the extent feasible, the motion under Subsection (l) shall identify those public and private agencies and organizations, including public or private institutions of higher education, that possess sex offender registration information about the case. (q) If the court grants the motion, a copy of the court's order shall be sent to: (1) each public or [and] private agency or organization that the court determines may be in possession of sex offender registration information pertaining to the person required to register under this chapter; and (2) at the request of the person required to register under this chapter, each public or private agency or organization that at any time following the initial dissemination of the order under Subdivision (1) gains possession of sex offender registration information pertaining to that person, if the agency or organization did not otherwise receive a copy of the order under Subdivision (1). (q-1) An [The] order under Subsection (q) shall 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, as the order requires. A public or private institution of higher education may not be required to delete the sex offender registration information under this subsection. (r) A private agency or organization that possesses sex offender registration information it obtained from a state, county, or local governmental entity is required to conform its records to the court's order on or before the 30th day after the date of its entry. Failure to comply in that period automatically bars an [the] agency or organization, other than a public or private institution of higher education, from obtaining sex offender registration information from any state, county, or local governmental entity in this state in the future. SECTION 10. (a) The Department of Public Safety of the State of Texas shall establish the procedures required by Subsections (h) and (i), Article 62.08, Code of Criminal Procedure, as added by this Act, not later than October 1, 2003. (b) 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 11. This Act takes effect September 1, 2003.