80R16 KCR-F

By: Anchia H.B. No. 825

A BILL TO BE ENTITLED

AN ACT

relating to the prosecution of and punishment for certain sex offenses and to the supervision of certain sex offenders.

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

SECTION 1. Article 62.058, Code of Criminal Procedure, is amended by amending Subsections (a) and (b) and adding Subsection (a-1) to read as follows:

(a) A person subject to registration under this chapter who has for a sexually violent offense been convicted two or more times, received an order of deferred adjudication two or more times, or been convicted and received an order of deferred adjudication shall report to the local law enforcement authority designated as the person's primary registration authority by the department not less than once in each 90-day period following the date the person first registered under this chapter to verify the information in the registration form maintained by the authority for that person. A person subject to registration under this chapter who is not subject to the 90-day reporting requirement described by this subsection and to whom Subsection (a-1) does not apply shall report to the local law enforcement authority designated as the person's primary registration authority by the department not less than once in each 180-day period following the date the person first registered under this chapter [each year not earlier than the 30th day before and not later than the 30th day after the anniversary of the person's date of birth] to verify the information in the registration form maintained by the authority for that person. For purposes of this subsection, a person complies with a requirement that the person register within:

(1) a 90-day period following a date if the person registers at any time on or after the 83rd day following that date but before the 98th day following [after] that date; or

(2) a 180-day period following a date if the person registers at any time on or after the 173rd day following that date but before the 188th day following that date.

(a-1) This subsection applies only to a person who is eligible under Article 62.301 to petition the court for an order exempting the person from registration, regardless of whether the person petitions the court, but not if the court has denied a petition under this article or withdrawn an order under this article exempting the person from registration. To verify the information in the registration form maintained by the authority for that person, a person to whom this subsection applies shall report to the local law enforcement authority designated as the person's primary registration authority by the department once each year not earlier than the 30th day before and not later than the 30th day after the anniversary of the date the person first registered under this chapter.

(b) A local law enforcement authority designated as a person's primary registration authority by the department may direct the person to report to the authority to verify the information in the registration form maintained by the authority for that person. The authority may direct the person to report under this subsection once in each applicable [90-day] period described by [following the date the person first registered under this chapter, if the person is required to report not less than once in each 90-day period under Subsection (a) or once in each year not earlier than the 30th day before and not later than the 30th day after the anniversary of the person's date of birth, if the person is required to report once each year under] Subsection (a) or (a-1). A local law enforcement authority may not direct a person to report to the authority under this subsection if the person is required to report under Subsection (a) or (a-1) and is in compliance with the reporting requirements of the applicable [that] subsection.

SECTION 2. Article 62.102(b), Code of Criminal Procedure, is amended to read as follows:

(b) An offense under this article is:

(1) a state jail felony if the actor is a person whose duty to register expires under Article 62.101(b) or (c);

(2) a felony of the third degree if the actor is a person whose duty to register expires under Article 62.101(a) and who is required to verify registration once each 180-day period or once each year under Article 62.058; and

(3) a felony of the second degree if the actor is a person whose duty to register expires under Article 62.101(a) and who is required to verify registration once each 90-day period under Article 62.058.

SECTION 3. Subchapter E, Chapter 508, Government Code, is amended by adding Section 508.157 to read as follows:

Sec. 508.157. MANDATORY RELEASE TO SUPER-INTENSIVE SUPERVISION PROGRAM. (a) This section applies only to an inmate who:

(1) is eligible for release on parole or is required to be released to mandatory supervision;

(2) is required to register as a sex offender under Chapter 62, Code of Criminal Procedure; and

(3) under Section 62.053, Code of Criminal Procedure, has been assigned a numeric risk level of three.

(b) A parole panel may release an inmate described by Subsection (a) only to the super-intensive supervision program established and operated by the department under Section 508.317.

SECTION 4. Subchapter F, Chapter 508, Government Code, is amended by adding Section 508.192 to read as follows:

Sec. 508.192. ELECTRONIC MONITORING FOR CERTAIN SEX OFFENDERS. (a) A parole panel shall require as a condition of parole or mandatory supervision that a releasee whose release to parole or mandatory supervision is governed by Section 508.157:

(1) submit to monitoring under an electronic monitoring service, global positioning satellite service, or other appropriate technological service designed to track a person's location; and

(2) refrain from tampering with, altering, modifying, obstructing, or manipulating any equipment used by the service to which the releasee is required to submit under Subdivision (1).

(b) A monitoring service to which a releasee is required to submit under Subsection (a) must:

(1) track the releasee's location in real time;

(2) be able to provide at the parole officer's request a real-time report of the releasee's location to the parole officer supervising the releasee; and

(3) periodically provide a cumulative report of the releasee's locations during a specified period to the parole officer supervising the releasee.

SECTION 5. Section 841.082, Health and Safety Code, is amended by adding Subsection (b) to read as follows:

(b) A tracking service to which a person is required to submit under Subsection (a)(5) must:

(1) track the person's location in real time;

(2) be able to provide a real-time report of the person's location to the case manager at the case manager's request; and

(3) periodically provide a cumulative report of the person's locations during a specified period to the case manager.

SECTION 6. Section 20.04(d), Penal Code, is amended to read as follows:

(d) At the punishment stage of a trial, the defendant may raise the issue as to whether he voluntarily released the victim in a safe place. If the defendant proves the issue in the affirmative by a preponderance of the evidence, the offense is a felony of the second degree. This subsection does not apply if the victim of the offense is younger than 14 years of age at the time the offense is committed.

SECTION 7. Section 21.11(d), Penal Code, is amended to read as follows:

(d) An offense under Subsection (a)(1) is a felony of the second degree, except that the offense is a felony of the first degree if the victim is younger than 14 years of age at the time the offense is committed. An [and an] offense under Subsection (a)(2) is a felony of the third degree, except that the offense is a felony of the second degree if the victim is younger than 14 years of age at the time the offense is committed.

SECTION 8. Sections 43.25(c) and (e), Penal Code, are amended to read as follows:

(c) An offense under Subsection (b) is a felony of the second degree, except that the offense is a felony of the first degree if the victim is younger than 14 years of age at the time the offense is committed.

(e) An offense under Subsection (d) is a felony of the third degree, except that the offense is a felony of the first degree if the victim is younger than 14 years of age at the time the offense is committed.

SECTION 9. (a) The change in law made by this Act in amending Sections 20.04(d), 21.11(d), and Sections 43.25(c) and (e), Penal Code, applies only to an offense committed on or after September 1, 2007. An offense committed before September 1, 2007, is covered by the law in effect when the offense was committed, and the former law is continued in effect for that purpose. For the purposes of this section, an offense was committed before September 1, 2007, if any element of the offense occurred before that date.

(b) The change in law made by this Act to Chapter 841, Health and Safety Code, applies only to an individual who on or after September 1, 2007, is serving a sentence in the Texas Department of Criminal Justice or is committed to the Texas Department of Mental Health and Mental Retardation or its successor agency for an offense committed before, on, or after the effective date of this Act.

SECTION 10. This Act takes effect September 1, 2007.