|
|
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 62.053(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 62.007 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 later of the seventh day |
|
after the date on which the person is released or after the date on |
|
which the person moves from a previous residence to a new residence |
|
in this state or not later than the later of the first date the |
|
applicable local law enforcement authority by policy allows the |
|
person to register or verify registration, the person must register |
|
or verify registration with the local law enforcement authority in |
|
the municipality or county in which the person intends to reside; |
|
(B) 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, 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; |
|
(C) 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; |
|
(D) 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; |
|
(E) 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] |
|
(F) the person must notify appropriate entities |
|
of any change in status as described by Article 62.057; and |
|
(G) if the person enters the premises of a public |
|
park as described by Article 62.064, 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 (g) 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. Article 62.058, 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 62.064. |
|
SECTION 3. Chapter 62, Code of Criminal Procedure, is |
|
amended by adding Article 62.064 to read as follows: |
|
Art. 62.064. ENTRY ONTO PARK PREMISES; NOTICE REQUIRED. |
|
(a) In this article, "public park" means an outdoor recreation area |
|
controlled by this state or a political subdivision of this state. |
|
(b) A person required to register 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 on the premises 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 any |
|
requirements associated with the imposition of a child safety zone |
|
on the person under Section 508.187, Government Code, and Section |
|
13B, Article 42.12. |
|
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, 2007. |