S.B. No. 871
AN ACT
relating to the sex offender registration program and the civil
commitment of sexually violent predators.
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. Chapter 62, Code of Criminal Procedure, is
amended by adding Article 62.0102 to read as follows:
Art. 62.0102. DETERMINATION REGARDING PRIMARY REGISTRATION
AUTHORITY. (a) For each person subject to registration under this
chapter, the department shall determine which local law enforcement
authority serves as the person's primary registration authority
based on the municipality or county in which the person resides or,
as provided by Article 62.061, as added by Chapters 1193 and 1415,
Acts of the 76th Legislature, Regular Session, 1999, the
municipality or county in which the person works or attends school.
(b) The department shall notify each person subject to
registration under this chapter of the person's primary
registration authority in a timely manner.
SECTION 3. Article 62.011, Code of Criminal Procedure, is
amended to read as follows:
Art. 62.011. WORKERS OR STUDENTS. (a) A person is
employed or carries on a vocation for purposes of this chapter if
the person works or volunteers on a full-time or part-time basis for
a consecutive period exceeding 14 days or for an aggregate period
exceeding 30 days in a calendar year. A person works for purposes
of this subsection regardless of[,] whether the person works for
compensation or for governmental or educational benefit.
(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 4. Subsections (b), (c), 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.
(c) Not later than the third day after a person's
registering, the local law enforcement authority with whom the
person registered shall send a copy of the registration form to the
department and, if the person resides on the campus of a public or
private institution of higher education, to any authority for
campus security for that institution.
(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 5. Subsections (a), (e), 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 designated as the person's primary
registration authority by the department [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.
(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.
(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 6. 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 7. Subsections (a), (b), (e), and (f), Article
62.04, Code of Criminal Procedure, are amended to read as follows:
(a) If a person required to register intends to change
address, regardless of whether the person intends to move to
another state, the person shall, not later than the seventh day
before the intended change, report in person to the local law
enforcement authority designated as the person's primary
registration authority by the department [with whom the person last
registered] and to the juvenile probation officer, community
supervision and corrections department officer, or parole officer
supervising the person and provide the authority and the officer
with the person's anticipated move date and new address. If a
person required to register changes address, the person shall, not
later than the seventh day after changing the address, report in
person to the local law enforcement authority in the municipality
or county in which the person's new residence is located and provide
the authority with proof of identity and proof of residence.
(b) Not later than the third day after receipt of notice
under Subsection (a), the person's juvenile probation officer,
community supervision and corrections department officer, or
parole officer shall forward the information provided under
Subsection (a) to the local law enforcement authority designated as
the person's primary registration authority by the department [with
whom the person last registered] and, if the person intends to move
to another municipality or county in this state, to the applicable
local law enforcement authority in that municipality or county.
(e) If a person who reports to a local law enforcement
authority under Subsection (a) does not move on or before the
anticipated move date or does not move to the new address provided
to the authority, the person shall:
(1) not later than the seventh day after the
anticipated move date, report to the local law enforcement
authority designated as the person's primary registration
authority by the department [with whom the person last registered
not later than the seventh day after the anticipated move date] and
provide an explanation to the authority regarding any changes in
the anticipated move date and intended residence; and
(2) report to the juvenile probation officer,
community supervision and corrections department officer, or
parole officer supervising the person not less than weekly during
any period in which the person has not moved to an intended
residence.
(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 8. 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 designated as
the person's primary registration authority by the department 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 9. Subsections (a), (b), and (d), Article 62.06,
Code of Criminal Procedure, are amended to read as follows:
(a) A person subject to registration under this chapter who
has for a sexually violent offense been convicted two or more times,
received an order of deferred adjudication two or more times, or
been convicted and received an order of deferred adjudication shall
report to the local law enforcement authority designated as the
person's primary registration authority by the department [with
whom the person is required to register] not less than once in each
90-day period following the date the person first registered under
this chapter to verify the information in the registration form
maintained by the authority for that person. A person subject to
registration under this chapter who is not subject to the 90-day
reporting requirement described by this subsection shall report to
the local law enforcement authority designated as the person's
primary registration authority by the department [with whom the
person is required to register] once each year not earlier than the
30th day before and not later than the 30th day after the
anniversary of the person's date of birth to verify the information
in the registration form maintained by the authority for that
person. For purposes of this subsection, a person complies with a
requirement that the person register within a 90-day period
following a date if the person registers at any time on or after the
83rd day following that date but before the 98th day after that
date.
(b) A local law enforcement authority designated as a
person's primary registration authority by the department [with
whom a person is required to register under this chapter] may direct
the person to report to the authority to verify the information in
the registration form maintained by the authority for that person.
The authority may direct the person to report under this subsection
once in each 90-day period following the date the person first
registered under this chapter, if the person is required to report
not less than once in each 90-day period under Subsection (a) or
once in each year not earlier than the 30th day before and not later
than the 30th day after the anniversary of the person's date of
birth, if the person is required to report once each year under
Subsection (a). A local law enforcement authority may not direct a
person to report to the authority under this subsection if the
person is required to report under Subsection (a) and is in
compliance with the reporting requirements of that subsection.
(d) A local law enforcement authority designated as a
person's primary registration authority by the department [with
whom a person is required to register under this chapter] may at any
time mail a nonforwardable verification form to the last reported
address of the person. Not later than the 21st day after receipt of
a verification form under this subsection, the person shall:
(1) indicate on the form whether the person still
resides at the last reported address and, if not, provide on the
form the person's new address;
(2) complete any other information required by the
form;
(3) sign the form; and
(4) return the form to the authority.
SECTION 10. Subsection (a), Article 62.061, Code of
Criminal Procedure, as added by Chapter 444, Acts of the 76th
Legislature, Regular Session, 1999, is amended to read as follows:
(a) Notwithstanding Article 62.06, if an individual subject
to registration under this chapter is civilly committed as a
sexually violent predator, the person shall report to the local law
enforcement authority designated as the person's primary
registration authority by the department [with whom the person is
required to register] not less than once in each 30-day period
following the date the person first registered under this chapter
to verify the information in the registration form maintained by
the authority for that person. For purposes of this subsection, a
person complies with a requirement that the person register within
a 30-day period following a date if the person registers at any time
on or after the 27th day following that date but before the 33rd day
after that date.
SECTION 11. 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 12. 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 13. 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 14. Subsection (a), Article 62.12, Code of Criminal
Procedure, as amended by Chapters 211 and 1297, Acts of the 77th
Legislature, Regular Session, 2001, is reenacted and amended to
read as follows:
(a) The duty to register for a person ends when the person
dies if the person has a reportable conviction or adjudication,
other than an adjudication of delinquent conduct, for:
(1) a sexually violent offense;
(2) an offense under Section 25.02, 43.05(a)(2), or
43.26, Penal Code;
(3) an offense under Section 21.11(a)(2), Penal Code,
if before or after the person is convicted or adjudicated for the
offense under Section 21.11(a)(2), Penal Code, the person receives
or has received another reportable conviction or adjudication,
other than an adjudication of delinquent conduct, for an offense or
conduct that requires registration under this chapter; or
(4) an offense under Section 20.02, 20.03, or 20.04,
Penal Code, or an attempt, conspiracy, or solicitation to commit
one of those offenses, if:
(A) the judgment in the case contains an
affirmative finding under Article 42.015[, as added by Chapter
1193, Acts of the 76th Legislature, Regular Session, 1999,] or, for
a deferred adjudication, the papers in the case contain an
affirmative finding that the victim or intended victim was younger
than 17 years of age; and
(B) before or after the person is convicted or
adjudicated for the offense under Section 20.02, 20.03, or 20.04,
Penal Code, the person receives or has received another reportable
conviction or adjudication, other than an adjudication of
delinquent conduct, for an offense or conduct that requires
registration under this chapter.
SECTION 15. 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 16. Subdivision (4), Section 841.002, Health and
Safety Code, is amended to read as follows:
(4) "Council" means the [Interagency] Council on Sex
Offender Treatment.
SECTION 17. Sections 841.005, 841.006, and 841.007, Health
and Safety Code, are amended to read as follows:
Sec. 841.005. OFFICE OF STATE COUNSEL FOR OFFENDERS.
(a) Except as provided by Subsection (b), the [The] Office of
State Counsel for Offenders shall represent an indigent [a] person
subject to a civil commitment proceeding under this chapter.
(b) If for any reason the Office of State Counsel for
Offenders is unable to represent an indigent person described by
Subsection (a) at a civil commitment proceeding under this chapter,
the court shall appoint other counsel to represent the indigent
person.
Sec. 841.006. APPLICATION OF CHAPTER. This chapter does
not:
(1) prohibit a person committed under this chapter
from filing at any time a petition for release under this chapter;
or
(2) create for the committed person a cause of action
against another person for failure to give notice within a period
required by Subchapter B, C, or D.
Sec. 841.007. DUTIES OF [INTERAGENCY] COUNCIL ON SEX
OFFENDER TREATMENT. The [Interagency] Council on Sex Offender
Treatment is responsible for providing appropriate and necessary
treatment and supervision through the case management system.
SECTION 18. Section 841.022, Health and Safety Code, is
amended to read as follows:
Sec. 841.022. MULTIDISCIPLINARY TEAM. (a) The executive
director of the Texas Department of Criminal Justice and the
commissioner of the Texas Department of Mental Health and Mental
Retardation jointly shall establish a multidisciplinary team to
review available records of a person referred to the team under
Section 841.021. The team must include:
(1) two persons from the Texas Department of Mental
Health and Mental Retardation;
(2) two [three] persons from the Texas Department of
Criminal Justice, one of whom must be from the victim services
office of that department;
(3) one person from the Texas Department of Public
Safety; and
(4) two persons [one person] from the council or
council personnel.
(b) The multidisciplinary team may request the assistance
of other persons in making an assessment [a determination] under
this section.
(c) Not later than the 60th [30th] day after the date the
multidisciplinary team receives notice under Section 841.021(a) or
(b), the team shall:
(1) assess [determine] whether the person is a repeat
sexually violent offender and whether the person is likely to
commit a sexually violent offense after release or discharge;
(2) give notice of that assessment [determination] to
the Texas Department of Criminal Justice or the Texas Department of
Mental Health and Mental Retardation, as appropriate; and
(3) recommend the assessment of the person for a
behavioral abnormality, as appropriate.
SECTION 19. Section 841.023, Health and Safety Code, is
amended to read as follows:
Sec. 841.023. ASSESSMENT FOR BEHAVIORAL ABNORMALITY.
(a) Not later than the 60th [30th] day after the date of a
recommendation under Section 841.022(c), the Texas Department of
Criminal Justice or the Texas Department of Mental Health and
Mental Retardation, as appropriate, shall assess [determine]
whether the person suffers from a behavioral abnormality that makes
the person likely to engage in a predatory act of sexual violence.
To aid in the assessment [determination], the department required
to make the assessment [determination] shall use an expert to
examine the person. That department may contract for the expert
services required by this subsection. The expert shall make a
clinical assessment based on testing for psychopathy, a clinical
interview, and other appropriate assessments and techniques to aid
the department in its assessment [the determination].
(b) If as a result of the assessment the Texas Department of
Criminal Justice or the Texas Department of Mental Health and
Mental Retardation believes [determines] that the person suffers
from a behavioral abnormality, the department making the assessment
[determination] shall give notice of that assessment
[determination] and provide corresponding documentation to the
attorney representing the state not later than the 60th [30th] day
after the date of a recommendation under Section 841.022(c).
SECTION 20. Subsection (b), Section 841.041, Health and
Safety Code, is amended to read as follows:
(b) A petition described by Subsection (a) must be:
(1) filed not later than the 90th [60th] day after the
date the person is referred to the attorney representing the state;
and
(2) served on the person as soon as practicable after
the date the petition is filed.
SECTION 21. Section 841.061, Health and Safety Code, is
amended by amending Subsections (a), (c), and (d) and adding
Subsection (f) to read as follows:
(a) Not later than the 270th [60th] day after the date a
petition is served on the person [filed] under Section 841.041, the
judge shall conduct a trial to determine whether the person is a
sexually violent predator.
(c) The person and the state are each entitled to an
immediate examination of the person by an expert. All components of
the examination must be completed not later than the 90th day before
the date the trial begins.
(d) Additional rights of the person at the trial include the
following:
(1) the right to appear at the trial;
(2) except as provided by Subsection (f), the right to
present evidence on the person's behalf;
(3) the right to cross-examine a witness who testifies
against the person; and
(4) the right to view and copy all petitions and
reports in the court file.
(f) A person who is on trial to determine the person's
status as a sexually violent predator is required to submit to all
expert examinations that are required or permitted of the state to
prepare for the person's trial. A person who fails to submit to
expert examination on the state's behalf as required by this
subsection is subject to the following consequences:
(1) the person's failure to participate may be used as
evidence against the person at trial;
(2) the person may be prohibited from offering into
evidence the results of an expert examination performed on the
person's behalf; and
(3) the person may be subject to contempt proceedings
if the person violates a court order by failing to submit to an
expert examination on the state's behalf.
SECTION 22. Section 841.063, Health and Safety Code, is
amended to read as follows:
Sec. 841.063. CONTINUANCE. The judge may continue a trial
or hearing conducted under this chapter [Section 841.061] if the
person is not substantially prejudiced by the continuance and:
(1) on the request of either party and a showing of
good cause; or
(2) on the judge's own motion in the due administration
of justice.
SECTION 23. Section 841.081, Health and Safety Code, is
amended to read as follows:
Sec. 841.081. CIVIL COMMITMENT OF PREDATOR. (a) If at a
trial conducted under Subchapter D the judge or jury determines
that the person is a sexually violent predator, the judge shall
commit the person for outpatient treatment and supervision to be
coordinated by the case manager. The commitment order is effective
immediately on entry of the order, except that the [The] outpatient
treatment and supervision begins [must begin] on the person's
release from a secure correctional facility or discharge from a
state hospital and continues [must continue] until the person's
behavioral abnormality has changed to the extent that the person is
no longer likely to engage in a predatory act of sexual violence.
(b) At any time after entry of a commitment order under
Subsection (a), the case manager may provide to the person
instruction regarding the requirements associated with the order,
regardless of whether the person is incarcerated at the time of the
instruction.
SECTION 24. Section 841.082, Health and Safety Code, is
amended to read as follows:
Sec. 841.082. COMMITMENT REQUIREMENTS. (a) Before
entering an order directing a person's outpatient civil commitment,
the judge shall impose on the person requirements necessary to
ensure the person's compliance with treatment and supervision and
to protect the community. The requirements shall include:
(1) requiring the person to reside in a particular
location;
(2) prohibiting the person's contact with a victim or
potential victim of the person;
(3) prohibiting the person's possession or use of
alcohol, inhalants, or a controlled substance;
(4) requiring the person's participation in and
compliance with a specific course of treatment;
(5) requiring the person to:
(A) submit to tracking under a particular type of
tracking service and to any other appropriate supervision; and
(B) refrain from tampering with, altering,
modifying, obstructing, or manipulating the tracking equipment;
(6) prohibiting the person from changing the person's
residence without prior authorization from the judge and from
leaving the state without that prior authorization;
(7) if determined appropriate by the judge,
establishing a child safety zone in the same manner as a child
safety zone is established by a judge under Section 13B, Article
42.12, Code of Criminal Procedure, and requiring the person to
comply with requirements related to the safety zone;
(8) requiring the person to notify the case manager
immediately but in any event within 24 [48] hours of any change in
the person's status that affects proper treatment and supervision,
including a change in the person's physical health or job status and
including any incarceration of the person; and
(9) any other requirements determined necessary by the
judge.
(b) The judge may request assistance from the council in
determining an appropriate residence for the person.
(c) The judge shall provide a copy of the requirements
imposed under Subsection (a) to the person and to the council. The
council shall provide a copy of those requirements to the case
manager and to the service providers.
(d) [(c)] Immediately after the case becomes final for
purposes of appeal [person's commitment], the judge shall transfer
jurisdiction of the case to a district court, other than a family
district court, having jurisdiction in the county in which the
person [defendant] is residing, except that the judge retains
jurisdiction of the case with respect to a civil commitment
proceeding conducted under Subchapters F and G.
(e) The requirements imposed under Subsection (a) may be
modified at any time after notice to each affected party to the
proceedings and a hearing.
SECTION 25. Subsections (b), (c), and (d), Section 841.083,
Health and Safety Code, are amended to read as follows:
(b) The case manager shall provide supervision to the
person. The provision of supervision shall include a tracking
service [services] and, if required by court order, supervised
housing.
(c) The council shall enter into an interagency agreement
with the Texas Department of Public Safety for the provision of a
tracking service [services]. If the equipment necessary to
implement that service is available through a contract entered into
by [The Department of Public Safety shall contract with] the Texas
Building and Procurement [General Services] Commission, the
Department of Public Safety shall acquire that equipment through
that contract [for the equipment necessary to implement those
services].
(d) The council shall enter into an interagency agreement
with the Texas Department of Criminal Justice [contract] for any
necessary supervised housing. The council shall reimburse that
department for housing costs under this section. The committed
person may not be housed for any period of time in a mental health
facility, state school, or community center. In this subsection:
(1) "Community center" means a center established
under Subchapter A, Chapter 534.
(2) "Mental health facility" has the meaning assigned
by Section 571.003.
(3) "State school" has the meaning assigned by Section
531.002.
SECTION 26. Section 841.084, Health and Safety Code, is
amended to read as follows:
Sec. 841.084. [PROVIDER] STATUS REPORTS AND OTHER
INFORMATION. (a) A treatment provider or a supervision provider,
other than the case manager or tracking service personnel, shall
submit, monthly or more frequently if required by the case manager,
a report to the case manager stating whether the person is complying
with treatment or supervision requirements, as applicable.
(b) Tracking service personnel may provide to the case
manager specific information relating to the person, including the
person's compliance with a tracking requirement or involvement in
criminal activity, if:
(1) the council and the Department of Public Safety
have entered into a memorandum of understanding governing:
(A) the release of the information by the
tracking personnel; and
(B) the use or dissemination of the information
by the case manager; and
(2) the release, use, or dissemination is not
prohibited by other law or agreement.
SECTION 27. Subsections (a), (c), and (d), Section 841.142,
Health and Safety Code, are amended to read as follows:
(a) To protect the public and to enable an assessment or [a]
determination relating to whether a person is a sexually violent
predator, any entity that possesses relevant information relating
to the person shall release the information to an entity charged
with making an assessment or [a] determination under this chapter.
(c) On the written request of any attorney for another state
or for a political subdivision in another state, the Texas
Department of Criminal Justice, the council, a service provider
contracting with one of those agencies, the multidisciplinary team,
and the attorney representing the state shall release to the
attorney any available information relating to a person that is
sought in connection with an attempt to civilly commit the person as
a sexually violent predator in another state.
(d) To protect the public and to enable an assessment or [a]
determination relating to whether a person is a sexually violent
predator or to enable the provision of supervision and treatment to
a person who is a sexually violent predator, the Texas Department of
Criminal Justice, the council, a service provider contracting with
one of those agencies, the multidisciplinary team, and the attorney
representing the state may exchange any available information
relating to the person.
SECTION 28. Section 841.144, Health and Safety Code, is
amended to read as follows:
Sec. 841.144. COUNSEL. (a) Immediately after the filing
of a petition under Section 841.041 [At all stages of the civil
commitment proceedings under this chapter], a person subject to a
civil commitment proceeding under this chapter is entitled to the
assistance of counsel at all stages of the proceeding.
(b) If the person is indigent, the court shall appoint
counsel as appropriate under Section 841.005 [through the Office of
State Counsel for Offenders] to assist the person.
SECTION 29. Subsections (b) and (c), Section 841.146,
Health and Safety Code, are amended to read as follows:
(b) Except as otherwise provided by this subsection, a [A]
civil commitment proceeding is subject to the rules of procedure
and appeal for civil cases. To the extent of any conflict between
this chapter and the rules of procedure and appeal for civil cases,
this chapter controls.
(c) In an amount not to exceed $2,500 [$1,600], the State of
Texas [state] shall pay all [the] costs associated with [of] a civil
commitment proceeding conducted under Subchapter D. The State of
Texas [For any civil commitment proceeding conducted under this
chapter, the state] shall pay the reasonable costs of state or
appointed counsel or experts for any other civil commitment
proceeding conducted under this chapter and shall pay the
reasonable costs of the person's outpatient treatment and
supervision.
SECTION 30. Subchapter H, Chapter 841, Health and Safety
Code, is amended by adding Sections 841.1461, 841.1462, 841.1463,
and 841.150 to read as follows:
Sec. 841.1461. CERTAIN EXPERT TESTIMONY NOT REQUIRED FOR
CIVIL COMMITMENT OF SEXUALLY VIOLENT PREDATOR. A person who
suffers from a behavioral abnormality as determined under this
chapter is not because of that abnormality a person of unsound mind
for purposes of Section 15-a, Article I, Texas Constitution.
Sec. 841.1462. PRIVILEGE FOR PERSONAL INFORMATION THAT
IDENTIFIES VICTIM. Personal information, including a home address,
home telephone number, and social security account number, that
identifies the victim of a person subject to a civil commitment
proceeding under this chapter is privileged from discovery by that
person.
Sec. 841.1463. FAILURE TO GIVE NOTICE WITHIN RELEVANT
PERIOD NOT JURISDICTIONAL ERROR. The periods within which notice
must be given under this chapter are binding on all appropriate
persons as provided by this chapter, but a failure to give notice
within the relevant period is not a jurisdictional error.
Sec. 841.150. EFFECT OF CERTAIN SUBSEQUENT CONVICTIONS,
JUDGMENTS, OR VERDICTS ON ORDER OF CIVIL COMMITMENT. (a) Except
as provided by Subsection (b), the following convictions,
judgments, or verdicts do not affect an order of civil commitment
under this chapter:
(1) a conviction for a felony if a sentence is not
imposed;
(2) a conviction for a misdemeanor, regardless of
whether a sentence is imposed; and
(3) a judgment or verdict of not guilty by reason of
insanity for any offense absent a corresponding commitment to the
Texas Department of Mental Health and Mental Retardation.
(b) The statutory duties imposed by this chapter are
suspended for the duration of any confinement of a person who
receives a conviction described by Subsection (a)(2).
SECTION 31. Section 841.147, Health and Safety Code, is
amended to read as follows:
Sec. 841.147. IMMUNITY. The following persons are immune
from liability for good faith conduct under this chapter:
(1) an employee or officer of the Texas Department of
Criminal Justice, the Texas Department of Mental Health and Mental
Retardation, the Texas Department of Health, or the council;
(2) a member of the multidisciplinary team established
under Section 841.022;
(3) an employee of the division of the prison
prosecution unit charged with initiating and pursuing civil
commitment proceedings under this chapter [the attorney
representing the state]; and
(4) a person providing, or contracting, appointed, or
volunteering to perform, a tracking service or another service
under this chapter.
SECTION 32. The change in law made by this Act in amending
Chapter 841, Health and Safety Code, applies to civil commitment
proceedings initiated before, on, or after the effective date of
this Act.
SECTION 33. (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 34. This Act takes effect September 1, 2003.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 871 passed the Senate on
May 6, 2003, by the following vote: Yeas 31, Nays 0; and that the
Senate concurred in House amendments on May 30, 2003, by a
viva-voce vote.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 871 passed the House, with
amendments, on May 28, 2003, by a non-record vote.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor