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78R1792 KEL-D
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 and to immunity for
release of public information obtained as a result of those
requirements.
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. Article 62.011(b), 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 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. Articles 62.02(b) and (g), 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;
(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) [(6)] 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. Articles 62.03(a) and (h), 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;
(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, not later than the
seventh day after the date on which the person begins to work or
attend school, register with:
(A) the authority for campus security for that
institution; or
(B) except as provided by Article 62.063(d), 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.
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, 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). If as a result of a
change in the person's job or educational status the person becomes
employed, begins to carry on a vocation, or becomes a student at a
particular public or private institution of higher education, the
supervising officer shall notify the department of that change.
(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 job or 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. If as a
result of a change in the person's job or educational status the
person becomes employed, begins to carry on a vocation, or becomes a
student at a particular public or private institution of higher
education, the local law enforcement authority shall notify the
department of that change.
SECTION 6. Chapter 62, Code of Criminal Procedure, is
amended by adding Article 62.063 to read as follows:
Art. 62.063. 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). The authority for campus security or the
local law enforcement authority shall promptly forward that
information to the administrative office of the institution.
(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. The authority for campus security or the local law
enforcement authority shall promptly forward that information to
the administrative office of the institution.
(d) 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.
(e) 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.
(f) 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.
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) The department shall provide a public or private
institution of higher education in this state or another state with
notice of any person required to register under this chapter who is
or will be employed, carrying on a vocation, or a student at the
institution. 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 the notice required by this
subsection to the administrative office of the institution and:
(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. Articles 62.09(a) and (d), 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 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 if the information is public
information under this chapter and is released to the administrator
under Article 62.03, [or] 62.04, 62.063, 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. (a) The Department of Public Safety of the State
of Texas shall establish the procedures required by Articles
62.08(h) and (i), 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 10. This Act takes effect September 1, 2003.