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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 62.063 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 program" means an |
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electronic monitoring service, global positioning satellite |
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service, or other appropriate technological service that is |
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designed to track a person's location. |
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(b) This article applies only to a person who is required to |
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register under this chapter as the result of a reportable |
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conviction or adjudication 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 Section |
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62.053, is assigned a numeric risk level of three shall participate |
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in the monitoring system program operated by the department under |
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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: |
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(1) the date the person is released from a penal |
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institution or discharges community supervision or juvenile |
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probation; or |
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(2) the date a court dismisses the criminal |
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proceedings against the person and discharges the person. |
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(d) The department shall implement and operate a monitoring |
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system program that tracks the location of persons described by |
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Subsection (b). The department may consult with any state agency, |
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political subdivision of this state, or agency of a political |
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subdivision of this state in implementing, operating, and |
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maintaining the program. |
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(e) A monitoring system that is part of the monitoring |
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system program operated by the department under Subsection (d) must |
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track a person's location and periodically provide a cumulative |
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report of a tracked person's location to the department. The |
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monitoring system does not have to be capable of tracking a person's |
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location in real time or providing a real-time report of a person's |
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location to the 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 operated under |
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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 department the amount that the |
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department determines is necessary to defray the cost of operating |
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the system with 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, operate, and maintain the monitoring system |
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program operated under Subsection (d). |
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SECTION 2. (a) Article 62.063, Code of Criminal Procedure, |
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as added by this Act, applies only to a person who on or after |
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January 1, 2008, is released from a penal institution, discharged |
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from community supervision or juvenile probation, or discharged by |
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a court after the court dismisses the criminal proceedings against |
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the person. A person who before January 1, 2008, is released from a |
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penal institution, discharged from community supervision or |
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juvenile probation, or discharged by a court after the court |
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dismisses the criminal proceedings against the person is governed |
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by the law in effect at the time the person is released from a penal |
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institution, discharged from community supervision or juvenile |
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probation, or discharged by a court after the court dismisses the |
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criminal proceedings against the person, 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 3. 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. |