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.