79R7499 RMB-D
By: Raymond H.B. No. 1838
A BILL TO BE ENTITLED
AN ACT
relating to certain requirements imposed on a sex offender who
enters the premises of a public park.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. 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; 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;
(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; and
(F) if the person enters the premises of a public
park as described by Article 62.0452, the person must immediately
notify a law enforcement agency with jurisdiction over the public
park of the person's presence and the person's registration status
under this chapter;
(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 2. Chapter 62, Code of Criminal Procedure, is
amended by adding Article 62.0452 to read as follows:
Art. 62.0452. ENTRY ONTO PARK PREMISES; NOTICE REQUIRED.
(a) In this section, "public park" means an outdoor recreation area
controlled by this state or a political subdivision of this state.
(b) A person subject to registration under this chapter who
enters the premises of any public park in this state shall
immediately notify a law enforcement agency with jurisdiction over
the public park of the person's presence and the person's
registration status under this chapter. The agency may provide a
chaperon to accompany the person while the person is on the premises
of the public park.
(c) The requirements of this article are in addition to the
requirements associated with any imposition of a child safety zone
on the person under Section 508.187, Government Code, and Section
13B, Article 42.12.
SECTION 3. Article 62.06, Code of Criminal Procedure, is
amended by adding Subsection (f) to read as follows:
(f) A local law enforcement authority who provides a person
with a registration form for verification as required by this
chapter shall include with the form a statement and description of
the person's registration duties under Article 62.0452.
SECTION 4. 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 5. This Act takes effect September 1, 2005.