79R1511 KCR-D

By:  Jones of Dallas                                              H.B. No. 670



A BILL TO BE ENTITLED

AN ACT

relating to the registration requirements for certain sex offenders 
and to the duty of certain health care facilities to determine the 
sex offender status of residents.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Article 62.01, Code of Criminal Procedure, is 
amended by adding Subdivision (10) to read as follows:
		(10)  "Convalescent or nursing home or a related 
institution, continuing care facility, assisted living facility, 
special care facility, or intermediate care facility for the 
mentally retarded" means an institution or facility regulated under 
Chapter 242, 246, 247, 248, or 252, Health and Safety Code.
	SECTION 2.  Article 62.02(b), Code of Criminal Procedure, is 
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(g), 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)  an indication as to whether the person is residing 
or intends to reside in a convalescent or nursing home or a related 
institution, continuing care facility, assisted living facility, 
special care facility, or intermediate care facility for the 
mentally retarded; and
		(8)  any other information required by the department.                 
	SECTION 3.  Article 62.03(a), 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 and, if applicable, provide 
the authority with notice that the person is residing in a 
convalescent or nursing home or a related institution, continuing 
care facility, assisted living facility, special care facility, or 
intermediate care facility for the mentally retarded; 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 and to the juvenile 
probation officer, community supervision and corrections 
department officer, or parole officer supervising the person to 
provide notice of the person's intent to move, including, if 
applicable, notice of the fact that the person intends to reside in 
a convalescent or nursing home or a related institution, continuing 
care facility, assisted living facility, special care facility, or 
intermediate care facility for the mentally retarded;
			(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;
			(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.                           
	SECTION 4.  Article 62.04, Code of Criminal Procedure, is 
amended by amending Subsection (a) and adding Subsection (k) 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 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 and, if applicable, notice of the fact 
that the person intends to reside in a convalescent or nursing home 
or a related institution, continuing care facility, assisted living 
facility, special care facility, or intermediate care facility for 
the mentally retarded.  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, and, if applicable, notice of 
the fact that the person is residing in a convalescent or nursing 
home or a related institution, continuing care facility, assisted 
living facility, special care facility, or intermediate care 
facility for the mentally retarded.
	(k)  Not later than the third day after the department 
receives notice under Subsection (d) that a person required to 
register under this chapter is residing or intends to reside in a 
convalescent or nursing home or a related institution, continuing 
care facility, assisted living facility, special care facility, or 
intermediate care facility for the mentally retarded, the 
department shall forward this information to the agency that 
licenses or certifies the home, institution, or facility in which 
the person is residing or intends to reside.
	SECTION 5.  Article 62.08, Code of Criminal Procedure, is 
amended by adding Subsection (j) to read as follows:
	(j)  The department shall maintain in the computerized 
central database and post on an Internet website that is accessible 
to the public free of charge a list of the names of persons subject 
to registration under this chapter who reside in a convalescent or 
nursing home or a related institution, continuing care facility, 
assisted living facility, special care facility, or intermediate 
care facility for the mentally retarded.
	SECTION 6.  Subchapter A, Chapter 242, Health and Safety 
Code, is amended by adding Section 242.018 to read as follows:
	Sec. 242.018.  SEX OFFENDER STATUS OF RESIDENTS.  Not later 
than the third day after the date a person begins to reside in an 
institution, by using the Internet website maintained by the 
Department of Public Safety that contains the sex offender 
database, the institution shall determine whether the person is 
required to register under Chapter 62, Code of Criminal Procedure.  
If the institution determines that the person is required to 
register under that chapter, the institution shall notify the 
Department of Public Safety that the person is a resident in the 
institution.
	SECTION 7.  Subchapter A, Chapter 246, Health and Safety 
Code, is amended by adding Section 246.008 to read as follows:
	Sec. 246.008.  SEX OFFENDER STATUS OF RESIDENTS.  Not later 
than the third day after the date a person begins to reside in a 
facility, by using the Internet website maintained by the 
Department of Public Safety that contains the sex offender 
database, the facility shall determine whether the person is 
required to register under Chapter 62, Code of Criminal Procedure.  
If the facility determines that the person is required to register 
under that chapter, the facility shall notify the Department of 
Public Safety that the person is a resident in the facility.
	SECTION 8.  Subchapter A, Chapter 247, Health and Safety 
Code, is amended by adding Section 247.007 to read as follows:
	Sec. 247.007.  SEX OFFENDER STATUS OF RESIDENTS.  Not later 
than the third day after the date a person begins to reside in an 
assisted living facility, by using the Internet website maintained 
by the Department of Public Safety that contains the sex offender 
database, the assisted living facility shall determine whether the 
person is required to register under Chapter 62, Code of Criminal 
Procedure.  If the facility determines that the person is required 
to register under that chapter, the facility shall notify the 
Department of Public Safety that the person is a resident in the 
facility.
	SECTION 9.  Subchapter A, Chapter 248, Health and Safety 
Code, is amended by adding Section 248.004 to read as follows:
	Sec. 248.004.  SEX OFFENDER STATUS OF RESIDENTS.  Not later 
than the third day after the date a person begins to reside in a 
special care facility, by using the Internet website maintained by 
the Department of Public Safety that contains the sex offender 
database, the special care facility shall determine whether the 
person is required to register under Chapter 62, Code of Criminal 
Procedure.  If the facility determines that the person is required 
to register under that chapter, the facility shall notify the 
Department of Public Safety that the person is a resident in the 
facility.
	SECTION 10.  Subchapter A, Chapter 252, Health and Safety 
Code, is amended by adding Section 252.012 to read as follows:
	Sec. 252.012.  SEX OFFENDER STATUS OF RESIDENTS.  Not later 
than the third day after the date a person begins to reside in a 
facility, by using the Internet website maintained by the 
Department of Public Safety that contains the sex offender 
database, the facility shall determine whether the person is 
required to register under Chapter 62, Code of Criminal Procedure.  
If the facility determines that the person is required to register 
under that chapter, the facility shall notify the Department of 
Public Safety that the person is a resident in the facility.
	SECTION 11.  The changes in law made by this Act to Chapter 
62, Code of Criminal Procedure, apply to a person subject to 
registration under that chapter for an offense committed or conduct 
engaged in before, on, or after the effective date of this Act.
	SECTION 12.  Sections 242.018, 246.008, 247.007, 248.004, 
and 252.012, Health and Safety Code, as added by this Act, apply to 
a home, institution, or facility that admits a resident on or after 
the effective date of this Act.  A home, institution, or facility 
that admitted a resident before the effective date of this Act is 
governed by the law in effect at the time the home, institution, or 
facility admitted the resident, and the former law is continued in 
effect for that purpose.
	SECTION 13.  This Act takes effect September 1, 2005.