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A BILL TO BE ENTITLED
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AN ACT
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relating to the registration requirements for sex offenders |
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residing in certain health care facilities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 62.051, Code of Criminal Procedure, is |
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amended by adding Subsection (j) to read as follows: |
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(j) A person required to register under this chapter who |
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resides, or intends to reside, in a facility licensed under Chapter |
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242, 247, or 252, Health and Safety Code, shall notify the facility |
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in writing of the person's registration status under this chapter. |
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SECTION 2. Article 62.053(a), Code of Criminal Procedure, |
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is amended to read as follows: |
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(a) Before a person who will be subject to registration |
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under this chapter is due to be released from a penal institution, |
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the Texas Department of Criminal Justice or the Texas Youth |
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Commission shall determine the person's level of risk to the |
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community using the sex offender screening tool developed or |
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selected under Article 62.007 and assign to the person a numeric |
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risk level of one, two, or three. Before releasing the person, an |
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official of the penal institution shall: |
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(1) inform the person that: |
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(A) not later than the later of the seventh day after |
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the date on which the person is released or after the date on which |
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the person moves from a previous residence to a new residence in |
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this state or not later than the later of the first date the |
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applicable local law enforcement authority by policy allows the |
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person to register or verify registration, the person must register |
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or verify registration with the local law enforcement authority in |
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the municipality or county in which the person intends to reside; |
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(B) not later than the seventh day after the date on |
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which the person is released or the date on which the person moves |
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from a previous residence to a new residence in this state, the |
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person must, if the person has not moved to an intended residence, |
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report to the juvenile probation officer, community supervision and |
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corrections department officer, or parole officer supervising the |
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person; |
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(C) not later than the seventh day before the date on |
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which the person moves to a new residence in this state or another |
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state, the person must report in person to the local law enforcement |
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authority designated as the person's primary registration |
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authority by the department and to the juvenile probation officer, |
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community supervision and corrections department officer, or |
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parole officer supervising the person; |
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(D) not later than the 10th day after the date on which |
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the person arrives in another state in which the person intends to |
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reside, the person must register with the law enforcement agency |
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that is identified by the department as the agency designated by |
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that state to receive registration information, if the other state |
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has a registration requirement for sex offenders; |
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(E) not later than the 30th day after the date on which |
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the person is released, the person must apply to the department in |
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person for the issuance of an original or renewal driver's license |
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or personal identification certificate and a failure to apply to |
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the department as required by this paragraph results in the |
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automatic revocation of any driver's license or personal |
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identification certificate issued by the department to the person; |
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[and] |
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(F) the person must notify appropriate entities of any |
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change in status as described by Article 62.057; and |
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(G) if the person resides, or intends to reside, in a |
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facility licensed under Chapter 242, 247, or 252, Health and Safety |
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Code, the person must notify the facility of the person's |
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registration status under this chapter; |
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(2) require the person to sign a written statement that the |
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person was informed of the person's duties as described by |
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Subdivision (1) or Subsection (g) or, if the person refuses to sign |
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the statement, certify that the person was so informed; |
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(3) obtain the address where the person expects to reside on |
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the person's release and other registration information, including |
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a photograph and complete set of fingerprints; and |
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(4) complete the registration form for the person. |
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SECTION 3. Article 62.102(a), Code of Criminal Procedure, |
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is amended to read as follows: |
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(a) A person commits an offense if the person is required to |
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register and fails to comply with any requirement of this chapter, |
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including failure to notify a nursing home, assisted living |
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facility, or intermediate care facility for the mentally retarded, |
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of an offenders' duty to register, as required under Article |
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62.051(j). |
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SECTION 4. Subchapter A, Chapter 242, Health and Safety |
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Code, is amended by adding Section 242.018 to read as follows: |
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Sec. 242.018. SEX OFFENDER STATUS OF RESIDENTS. Upon |
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receiving notice under Article 62.051 (j), Code of Criminal |
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Procedure, the facility shall maintain a log containing the full |
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name and address of the registered sex offender. The log shall be |
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available for inspection by the public. |
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SECTION 5. Section 242.066(a), Health and Safety Code, is |
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amended to read as follows: |
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(a) The department may assess an administrative penalty |
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against a person who: |
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(1) violates this chapter or a rule, standard, or order |
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adopted or license issued under this chapter; |
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(2) makes a false statement, that the person knows or should |
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know is false, of a material fact: |
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(A) on an application for issuance or renewal of a |
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license or in an attachment to the application; or |
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(B) with respect to a matter under investigation by |
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the department; |
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(3) refuses to allow a representative of the department to |
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inspect: |
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(A) a book, record, or file required to be maintained |
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by an institution; or |
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(B) any portion of the premises of an institution; |
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(4) refuses to allow any person to review a log required to |
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be maintained under Sec. 242.018 of this chapter; |
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(5) [(4)] wilfully interferes with the work of a |
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representative of the department or the enforcement of this |
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chapter; |
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(6) [(5)] wilfully interferes with a representative of the |
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department preserving evidence of a violation of this chapter or a |
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rule, standard, or order adopted or license issued under this |
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chapter; or |
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(7) [(6)] fails to pay a penalty assessed by the department |
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under this chapter not later than the 10th day after the date the |
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assessment of the penalty becomes final. |
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SECTION 6. Subchapter A, Chapter 247, Health and Safety |
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Code, is amended by adding Section 247.007 to read as follows: |
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Sec. 247.007. SEX OFFENDER STATUS OF RESIDENTS. Upon |
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receiving notice under Article 62.051 (j), Code of Criminal |
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Procedure, the facility shall maintain a log containing the full |
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name and address of the registered sex offender. The log shall be |
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available for inspection by the public. |
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SECTION 7. Section 247.0451(a), Health and Safety Code, is |
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amended to read as follows: |
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(a) The department may assess an administrative penalty |
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against a person who: |
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(1) violates this chapter or a rule, standard, or |
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order adopted under this chapter or a term of a license issued under |
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this chapter; |
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(2) makes a false statement, that the person knows or |
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should know is false, of a material fact: |
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(A) on an application for issuance or renewal of |
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a license or in an attachment to the application; or |
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(B) with respect to a matter under investigation |
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by the department; |
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(3) refuses to allow a representative of the |
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department to inspect: |
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(A) a book, record, or file required to be |
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maintained by an assisted living facility; or |
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(B) any portion of the premises of an assisted |
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living facility; |
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(4) refuses to allow any person to review a log |
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required to be maintained under Sec. 247.007 of this chapter; |
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(5) [(4)] wilfully interferes with the work of a |
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representative of the department or the enforcement of this |
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chapter; |
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(6) [(5)] wilfully interferes with a representative |
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of the department preserving evidence of a violation of this |
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chapter or a rule, standard, or order adopted under this chapter or |
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a term of a license issued under this chapter; or |
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(7) [(6)] fails to pay a penalty assessed under this |
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chapter not later than the 30th day after the date the assessment of |
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the penalty becomes final. |
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SECTION 8. Subchapter A, Chapter 252, Health and Safety |
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Code, is amended by adding Section 252.012 to read as follows: |
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Sec. 252.012. SEX OFFENDER STATUS OF RESIDENTS. Upon |
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receiving notice under Article 62.051 (j), Code of Criminal |
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Procedure, the facility shall maintain a log containing the full |
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name and address of the registered sex offender. The log shall be |
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available for inspection by the public. |
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SECTION 9. Section 252.065(a), Health and Safety Code, is |
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amended to read as follows: |
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(a) The department may assess an administrative penalty |
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against a facility that: |
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(1) violates this chapter or a rule adopted under this |
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chapter; or |
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(2) refuses to allow any person to review a log |
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required to be maintained under Sec. 252.012 of this chapter. |
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SECTION 10. This Act takes effect September 1, 2007. |