By: Shapiro S.B. No. 871
(In the Senate - Filed March 5, 2003; March 11, 2003, read
first time and referred to Committee on Criminal Justice;
April 29, 2003, reported adversely, with favorable Committee
Substitute by the following vote: Yeas 6, Nays 0; April 29, 2003,
sent to printer.)
COMMITTEE SUBSTITUTE FOR S.B. No. 871 By: Whitmire
A BILL TO BE ENTITLED
AN ACT
relating to requirements imposed by the sex offender registration
statute.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. 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 ensure that each person subject to
registration under this chapter is notified of the person's primary
registration authority in a timely manner.
SECTION 2. Subsection (a), Article 62.011, Code of Criminal
Procedure, is amended to read as follows:
(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.
SECTION 3. Subsection (a), Article 62.03, Code of Criminal
Procedure, is 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;
(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.
SECTION 4. Subsections (a), (b), and (e), 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.
SECTION 5. Subsection (b), Article 62.05, Code of Criminal
Procedure, is amended to read as follows:
(b) A person subject to registration under this chapter
shall report to the local law enforcement authority designated as
the person's primary registration authority by the department any
change in the person's physical health or job 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.
SECTION 6. 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 7. 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 8. 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 9. 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.
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