By: Madden, et al. (Senate Sponsor - Hinojosa) H.B. No. 430

(In the Senate - Received from the House May 14, 2007; May 15, 2007, read first time and referred to Committee on Criminal Justice; May 18, 2007, reported favorably by the following vote: Yeas 6, Nays 0; May 18, 2007, sent to printer.)

A BILL TO BE ENTITLED

AN ACT

relating to the monitoring of certain high-risk sex offenders and to information concerning certain sex offenders.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subchapter B, Chapter 62, Code of Criminal Procedure, is amended by adding Article 62.0531 to read as follows:

Art. 62.0531. DETERMINATION OF PREDATORY RISK LEVEL. (a) In this article, "sexually predatory conduct" means conduct that is engaged in for the purpose of victimization and that:

(1) is directed toward a stranger, a person of casual acquaintance with whom no substantial relationship exists, or a person with whom a relationship has been established or promoted for the purpose of victimization; and

(2) violates:

(A) Section 21.11(a)(1), 22.011, or 22.021, Penal Code;

(B) Section 43.25, Penal Code;

(C) Section 20.04(a)(4), Penal Code, if the conduct is committed with the intent to violate or abuse the victim of the conduct sexually; or

(D) Section 30.02, Penal Code, if the conduct is punishable under Subsection (d) of that section and is committed with the intent to engage in conduct described by Paragraph (A) or (C).

(b) In addition to assigning to a person a numeric risk level of one, two, or three under Article 62.053(a), before a person who will be subject to registration under this chapter and who will be described by Article 62.063(b) on or after release is due to be released from a penal institution, the Texas Department of Criminal Justice or the Texas Youth Commission, as applicable, using the dynamic risk assessment tool developed or adopted by the Council on Sex Offender Treatment under Section 110.164, Occupations Code, shall:

(1) determine the likelihood that the person will engage in a predatory act of sexual violence after being released from the institution; and

(2) assign to the person a predatory risk level of low, medium, or high.

SECTION 2. Subchapter B, Chapter 62, Code of Criminal Procedure, is amended by adding Article 62.063 to read as follows:

Art. 62.063. MONITORING OF CERTAIN HIGH-RISK REGISTRANTS. (a) In this article, "monitoring system" means an electronic monitoring service, global positioning satellite service, or other appropriate technological service that is designed to track a person's location.

(b) This article applies only to a person who is released from a penal institution, who is required to register under this chapter as the result of a reportable conviction or adjudication, and who:

(1) is not under the supervision and control of:

(A) a juvenile probation office or an agency or entity operating under contract with a juvenile probation office;

(B) the Texas Youth Commission;

(C) a community supervision and corrections department; or

(D) the parole division of the Texas Department of Criminal Justice; or

(2) has not been civilly committed under Chapter 841, Health and Safety Code.

(c) A person described by Subsection (b) who, under Article 62.0531, is assigned a predatory risk level of high shall participate in the monitoring system program described by Subsection (d). A person's duty to participate in the program expires on the third anniversary of the date the person is released from the penal institution.

(d) The department shall implement and coordinate a monitoring system program that tracks the location of persons subject to this article. The monitoring system program implemented under this subsection must require:

(1) the department to provide to each local law enforcement authority designated as the primary registration authority under this chapter for a person subject to this article monitoring system equipment that is sufficient to track the location of the person;

(2) each local law enforcement authority designated as a person's primary registration authority under this chapter to use the monitoring system equipment provided under Subdivision (1) to verify the authenticity of any geographically verifiable information contained in the registration form of a person subject to this article, including the person's residence; and

(3) the manufacturer or vendor of the monitoring system equipment provided to a local law enforcement authority under Subdivision (1) to provide training and technological support to the authority with respect to the equipment.

(e) A monitoring system that is part of the monitoring system program described by Subsection (d) must track a person's location and periodically provide a cumulative report of a tracked person's location to the department. The monitoring system does not have to be capable of tracking a person's location in real time or providing a real-time report of a person's location to the department.

(f) A person who is not indigent and who is required to participate in the monitoring system program described by Subsection (d) is responsible for the cost of the monitoring system and monthly shall pay to the person's primary registration authority and to the department the amount that the primary registration authority or department, as applicable, determines is necessary to defray that entity's cost of operating the system with respect to the person during the previous month.

(g) The director of the department shall adopt rules as necessary to implement and coordinate the monitoring system program described by Subsection (d).

SECTION 3. Subchapter D, Chapter 110, Occupations Code, is amended by adding Section 110.164 to read as follows:

Sec. 110.164. DYNAMIC RISK ASSESSMENT TOOL. (a) The council shall develop or adopt a dynamic risk assessment tool to be used in determining the likelihood that a person confined in a penal institution will engage in a predatory act of sexual violence after being released from the institution.

(b) The dynamic risk assessment tool must enable the assignment to a person of a predatory risk level of low, medium, or high.

SECTION 4. Subchapter A, Chapter 62, Code of Criminal Procedure, is amended by adding Article 62.0052 to read as follows:

Art. 62.0052. ELECTRONIC MAIL REPORTS FOR STATE LEGISLATORS. (a) The department shall maintain an electronic mail report service to which a member of the house of representatives or the senate of this state may electronically subscribe.

(b) The electronic mail report service maintained under Subsection (a) must:

(1) allow a subscribing representative or senator to request for each zip code any portion of which is located in the representative's or senator's district notification of:

(A) the release from a penal institution or placement on deferred adjudication community supervision, community supervision, or juvenile probation of a person who expects to reside or resides in that zip code and is required to register under this chapter; and

(B) any change in address of a person who expects to reside or resides in that zip code and is required to register under this chapter; and

(2) not less frequently than monthly, deliver to the subscribing representative or senator a report containing the information described by Subdivision (1).

(c) The department must include any public information described by Article 62.005 in an electronic mail report sent to a subscribing representative or senator.

SECTION 5. (a) Articles 62.0531 and 62.063, Code of Criminal Procedure, as added by this Act, apply only to a person who is released from a penal institution on or after January 1, 2008. A person who is released from a penal institution before January 1, 2008, is governed by the law in effect at the time the person is released from the penal institution, and that former law is continued in effect for that purpose.

(b) The Department of Public Safety shall implement the monitoring system program described by Article 62.063, Code of Criminal Procedure, as added by this Act, so that the program is fully functional not later than January 1, 2008.

(c) The Department of Public Safety shall issue a Request for Qualifications or Proposal not later than September 15, 2007. The selection process must include a side-by-side comparison testing the products submitted in the RFQ/P. In awarding a contract, the test results, product reliability, functionality, and public safety must be given, at a minimum, equal consideration to cost.

(d) The Department of Public Safety may only receive responses from and contract with an Original Equipment Manufacturer.

SECTION 6. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2007.

* * * * *