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A BILL TO BE ENTITLED
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AN ACT
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relating to the proximity of the residences of certain sex |
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offenders or sexually violent predators to schools; imposing a |
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criminal penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter B, Chapter 62, Code of Criminal |
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Procedure, is amended by adding Article 62.063 to read as follows: |
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Art. 62.063. CERTAIN PERSONS PROHIBITED FROM RESIDING NEAR |
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SCHOOL. (a) This article applies only to a person who is: |
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(1) required to register under this chapter because of |
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a reportable conviction or adjudication involving a victim younger |
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than 14 years of age; or |
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(2) civilly committed as a sexually violent predator |
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under Chapter 841, Health and Safety Code, and subject to |
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outpatient treatment and supervision under that chapter. |
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(b) A person to whom this article applies may not reside |
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within 1,000 feet of a public or private school campus, as measured |
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in a straight line from the nearest property line of the residence |
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to the nearest property line of the campus. |
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(c) A person to whom this article applies who resides within |
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1,000 feet of a school campus may remain at the person's residence |
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if: |
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(1) the person resided at the residence on September |
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1, 2007; or |
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(2) the person is residing at the residence at the time |
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that the campus is established or extended to within 1,000 feet of |
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the residence. |
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(d) For each person described by Subsection (c) who remains |
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at the residence, the local law enforcement authority designated as |
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the person's primary registration authority shall provide written |
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notice, including the person's address and a recent photograph of |
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the person, to the appropriate public or private school campus not |
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later than the first day of instruction each school year. |
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(e) A person to whom this article applies commits an offense |
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if the person violates this article. The punishment for an offense |
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under this subsection is a felony of the third degree and is |
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considered to be a conviction of an offense under Article 62.102 for |
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purposes of enhancement under Subsection (c) of that article. |
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(f) If conduct constituting an offense under this article |
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also constitutes an offense under Article 62.102 or 62.203, the |
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person may be prosecuted under: |
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(1) this article; |
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(2) Article 62.102 or 62.203, as applicable; or |
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(3) both this article and Article 62.102 or 62.203, as |
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applicable. |
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SECTION 2. The change in law made by this Act applies only |
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to an offense committed on or after the effective date of this Act. |
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An offense committed before the effective date of this Act is |
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governed by the law in effect when the offense was committed, and |
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the former law is continued in effect for that purpose. For |
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purposes of this section, an offense was committed before the |
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effective date of this Act if any element of the offense was |
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committed before that date. |
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SECTION 3. This Act takes effect September 1, 2007. |