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A BILL TO BE ENTITLED
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AN ACT
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relating to the monitoring of certain high-risk sex offenders. |
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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 62.0531 to read as follows: |
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Art. 62.0531. DETERMINATION OF PREDATORY RISK LEVEL. (a) |
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In this article, "sexually predatory conduct" means conduct that is |
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engaged in for the purpose of victimization and that: |
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(1) is directed toward a stranger, a person of casual |
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acquaintance with whom no substantial relationship exists, or a |
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person with whom a relationship has been established or promoted |
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for the purpose of victimization; and |
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(2) violates: |
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(A) Section 21.11(a)(1), 22.011, or 22.021, |
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Penal Code; |
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(B) Section 43.25, Penal Code; |
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(C) Section 20.04(a)(4), Penal Code, if the |
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conduct is committed with the intent to violate or abuse the victim |
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of the conduct sexually; or |
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(D) Section 30.02, Penal Code, if the conduct is |
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punishable under Subsection (d) of that section and is committed |
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with the intent to engage in conduct described by Paragraph (A) or |
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(C). |
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(b) In addition to assigning to a person a numeric risk |
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level of one, two, or three under Article 62.053(a), before a person |
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who will be subject to registration under this chapter and who will |
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be described by Article 62.063(b) on or after release is due to be |
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released from a penal institution, the Texas Department of Criminal |
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Justice or the Texas Youth Commission, as applicable, using the |
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dynamic risk assessment tool developed or adopted by the Council on |
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Sex Offender Treatment under Section 110.164, Occupations Code, |
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shall: |
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(1) determine the likelihood that the person will |
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engage in a predatory act of sexual violence after being released |
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from the institution; and |
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(2) assign to the person a predatory risk level of low, |
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medium, or high. |
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SECTION 2. 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. MONITORING OF CERTAIN HIGH-RISK REGISTRANTS. |
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(a) In this article, "monitoring system" means an electronic |
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monitoring service, global positioning satellite service, or other |
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appropriate technological service that is designed to track a |
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person's location. |
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(b) This article applies only to a person who is released |
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from a penal institution, who is required to register under this |
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chapter as the result of a reportable conviction or adjudication, |
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and who: |
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(1) is not under the supervision and control of: |
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(A) a juvenile probation office or an agency or |
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entity operating under contract with a juvenile probation office; |
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(B) the Texas Youth Commission; |
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(C) a community supervision and corrections |
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department; or |
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(D) the parole division of the Texas Department |
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of Criminal Justice; or |
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(2) has not been civilly committed under Chapter 841, |
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Health and Safety Code. |
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(c) A person described by Subsection (b) who, under Article |
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62.0531, is assigned a predatory risk level of high shall |
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participate in the monitoring system program described by |
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Subsection (d). A person's duty to participate in the program |
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expires on the third anniversary of the date the person is released |
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from the penal institution. |
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(d) The department shall implement and coordinate a |
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monitoring system program that tracks the location of persons |
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subject to this article. The monitoring system program implemented |
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under this subsection must require: |
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(1) the department to provide to each local law |
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enforcement authority designated as the primary registration |
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authority under this chapter for a person subject to this article |
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monitoring system equipment that is sufficient to track the |
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location of the person; |
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(2) each local law enforcement authority designated as |
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a person's primary registration authority under this chapter to |
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use the monitoring system equipment provided under Subdivision (1) |
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to verify the authenticity of any geographically verifiable |
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information contained in the registration form of a person subject |
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to this article, including the person's residence; and |
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(3) the manufacturer or vendor of the monitoring |
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system equipment provided to a local law enforcement authority |
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under Subdivision (1) to provide training and technological support |
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to the authority with respect to the equipment. |
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(e) A monitoring system that is part of the monitoring |
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system program described by Subsection (d) must track a person's |
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location and periodically provide a cumulative report of a tracked |
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person's location to the department. The monitoring system does |
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not have to be capable of tracking a person's location in real time |
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or providing a real-time report of a person's location to the |
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department. |
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(f) A person who is not indigent and who is required to |
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participate in the monitoring system program described by |
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Subsection (d) is responsible for the cost of the monitoring system |
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and monthly shall pay to the person's primary registration |
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authority and to the department the amount that the primary |
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registration authority or department, as applicable, determines is |
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necessary to defray that entity's cost of operating the system with |
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respect to the person during the previous month. |
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(g) The director of the department shall adopt rules as |
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necessary to implement and coordinate the monitoring system program |
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described by Subsection (d). |
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SECTION 3. Subchapter D, Chapter 110, Occupations Code, is |
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amended by adding Section 110.164 to read as follows: |
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Sec. 110.164. DYNAMIC RISK ASSESSMENT TOOL. (a) The |
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council shall develop or adopt a dynamic risk assessment tool to be |
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used in determining the likelihood that a person confined in a penal |
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institution will engage in a predatory act of sexual violence after |
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being released from the institution. |
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(b) The dynamic risk assessment tool must enable the |
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assignment to a person of a predatory risk level of low, medium, or |
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high. |
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SECTION 4. (a) Articles 62.0531 and 62.063, Code of |
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Criminal Procedure, as added by this Act, apply only to a person who |
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is released from a penal institution on or after January 1, 2008. A |
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person who is released from a penal institution before January 1, |
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2008, is governed by the law in effect at the time the person is |
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released from the penal institution, and that former law is |
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continued in effect for that purpose. |
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(b) The Department of Public Safety shall implement the |
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monitoring system program described by Article 62.063, Code of |
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Criminal Procedure, as added by this Act, so that the program is |
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fully functional not later than January 1, 2008. |
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SECTION 5. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2007. |