By: Shapiro S.B. No. 166
(In the Senate - Filed January 7, 2003; January 30, 2003,
read first time and referred to Committee on Education;
May 2, 2003, reported adversely, with favorable Committee
Substitute by the following vote: Yeas 6, Nays 0; May 2, 2003, sent
to printer.)
COMMITTEE SUBSTITUTE FOR S.B. No. 166 By: Janek
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.
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