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79R4053 KCR-D

By:  Averitt                                                      S.B. No. 1445


A BILL TO BE ENTITLED
AN ACT
relating to the placement on community supervision of and to the confinement or detention in or release from a penal institution of a person subject to registration under Chapter 62, Code of Criminal Procedure. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Article 62.03, Code of Criminal Procedure, is amended by adding Subsection (j) to read as follows: (j) Notwithstanding Subsections (a), (b), (c), and (h) and any other law, this article applies only to: (1) a release from a penal institution of a person who: (A) is being released immediately after serving a sentence or commitment for a reportable conviction or adjudication; or (B) as a condition of parole or release to mandatory supervision is required to register under this chapter; and (2) the placement on juvenile probation or community supervision of a person who, as a condition of that supervision or probation, is required to register under this chapter. SECTION 2. Article 62.04, Code of Criminal Procedure, is amended by amending Subsections (a), (b), (d), (e), and (f) and adding Subsection (k) to read as follows: (a) Except as provided by Subsection (k), if [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. If a person required to register, including a person described by Subsection (k), changes address or is released from a penal institution, the person shall, not later than the seventh day after changing the address or being released, 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) or (k), the person's juvenile probation officer, community supervision and corrections department officer, or parole officer shall forward the information provided under Subsection (a) or (k) to the local law enforcement authority designated as the person's primary registration authority by the department 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. (d) Not later than the third day after receipt of information under Subsection (a), [or] (b), or (k), whichever is earlier, the local law enforcement authority shall forward this information to the department 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) or (k) 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 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) or (k). Not later than the eighth day after the date on which the local law enforcement authority is informed under Subsection (a) or (k) or under this subsection, the authority shall verify the age of the victim, the basis on which the person is subject to registration under this chapter, and the person's numeric risk level. 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 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 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. (k) If a person required to register under this chapter is released from a penal institution under circumstances not described by Article 62.03(j)(1), not later than the seventh day before the date the person is scheduled to be released from the penal institution, the person shall notify in writing the local law enforcement authority designated as the person's primary registration authority immediately before the person was imprisoned in or committed to the penal institution and, if applicable, the juvenile probation officer, community supervision and corrections department officer, or parole officer supervising the person immediately before the person was imprisoned in or committed to the penal institution of the person's anticipated release date and address following release. SECTION 3. Chapter 62, Code of Criminal Procedure, is amended by adding Article 62.15 to read as follows: Art. 62.15. POSTRELEASE DETENTION OR CONFINEMENT AND SUBSEQUENT RELEASE OF PERSON SUBJECT TO REGISTRATION; LAW ENFORCEMENT DUTIES. (a) At the time a local law enforcement authority detains or confines a person in a penal institution or releases a person from a penal institution under circumstances not described by Article 62.03(j)(1), the authority shall use the Internet website maintained by the Department of Public Safety that contains the computerized central database to determine whether the person is required to register under this chapter. (b) If the local law enforcement authority determines that the person is required to register under this chapter, unless at the time of confinement, detention, or release the authority is designated by the department as the person's primary registration authority, the local law enforcement authority shall immediately notify the department, as applicable, of the person's confinement, detention, or anticipated or actual release date. (c) Not later than the third day after the date the department receives notice of a person's confinement, detention, or release under Subsection (b), the department shall: (1) notify the local law enforcement authority designated by the department as the person's primary registration authority of the person's confinement, detention, or release; and (2) include the information contained in the notice of confinement, detention, or release received under Subsection (b) in the computerized central database maintained by the department under Article 62.08. SECTION 4. The changes in law made by this Act apply to a person subject to registration under Chapter 62, Code of Criminal Procedure, for an offense committed or conduct engaged in before, on, or after the effective date of this Act. SECTION 5. This Act takes effect September 1, 2005.