|
|
A BILL TO BE ENTITLED
|
|
AN ACT
|
|
|
relating to the prosecution of certain sexual offenses and to the |
|
registration and supervision of sex offenders. |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
SECTION 1. Article 42.015, Code of Criminal Procedure, is |
|
amended to read as follows: |
|
Art. 42.015. FINDING OF AGE OF VICTIM AND RELATIONSHIP OF |
|
ACTOR AND VICTIM. In the trial of an offense under Section 20.02, |
|
20.03, or 20.04, Penal Code, or an attempt, conspiracy, or |
|
solicitation to commit one of those offenses, the judge shall make |
|
an affirmative finding of fact and enter the affirmative finding in |
|
the judgment in the case if the judge determines that: |
|
(1) the victim or intended victim was younger than 18 |
|
[17] years of age at the time of the offense; and |
|
(2) the actor was not the parent or guardian of the |
|
victim or intended victim. |
|
SECTION 2. Article 42.017, Code of Criminal Procedure, is |
|
amended to read as follows: |
|
Art. 42.017. FINDING REGARDING AGE-BASED OFFENSE. In the |
|
trial of an offense under Section 15.031, 21.11, [22.011, 22.021,] |
|
or 43.25, Penal Code, the judge shall make an affirmative finding of |
|
fact and enter the affirmative finding in the judgment in the case |
|
if the judge determines that: |
|
(1) at the time of the offense, the [defendant was
|
|
younger than 19 years of age and the] victim or intended victim was |
|
a child of at least 13 years of age and the defendant was not more |
|
than three years older than the victim or intended victim; and |
|
(2) the conviction is based solely on the ages of the |
|
defendant and the victim or intended victim at the time of the |
|
offense. |
|
SECTION 3. Subsection (g), Section 5, Article 42.12, Code |
|
of Criminal Procedure, is amended to read as follows: |
|
(g) If a judge places on community supervision under this |
|
section a defendant charged with an offense under Section 15.031, |
|
21.11, 22.011, 22.021, or 43.25, Penal Code, the judge shall make an |
|
affirmative finding of fact and file a statement of that |
|
affirmative finding with the papers in the case if the judge |
|
determines that: |
|
(1) at the time of the offense, the [defendant was
|
|
younger than 19 years of age and the] victim or intended victim was |
|
a child of at least 13 years of age and the defendant was not more |
|
than three years older than the victim or intended victim; and |
|
(2) the charge to which the plea is entered under this |
|
section is based solely on the ages of the defendant and the victim |
|
or intended victim at the time of the offense. |
|
SECTION 4. Subdivision (5), Article 62.001, Code of |
|
Criminal Procedure, as renumbered from former Subdivision (5), |
|
Article 62.01, Code of Criminal Procedure, and amended by Chapter |
|
1008, Acts of the 79th Legislature, Regular Session, 2005, is |
|
reenacted and amended to conform to an amendment to former |
|
Subdivision (5), Article 62.01 by Chapter 1273, Acts of the 79th |
|
Legislature, Regular Session, 2005, and further amended to read as |
|
follows: |
|
(5) "Reportable conviction or adjudication" means a |
|
conviction or adjudication, including an adjudication of |
|
delinquent conduct or a deferred adjudication, that, regardless of |
|
the pendency of an appeal, is a conviction for or an adjudication |
|
for or based on: |
|
(A) a violation of Section 21.11 (Indecency with |
|
a child), 22.011 (Sexual assault), 22.021 (Aggravated sexual |
|
assault), or 25.02 (Prohibited sexual conduct), Penal Code; |
|
(B) a violation of Section 43.05 (Compelling |
|
prostitution), 43.25 (Sexual performance by a child), or 43.26 |
|
(Possession or promotion of child pornography), Penal Code; |
|
(C) a violation of Section 20.04(a)(4) |
|
(Aggravated kidnapping), Penal Code, if the actor committed the |
|
offense or engaged in the conduct with intent to violate or abuse |
|
the victim sexually; |
|
(D) a violation of Section 30.02 (Burglary), |
|
Penal Code, if the offense or conduct is punishable under |
|
Subsection (d) of that section and the actor committed the offense |
|
or engaged in the conduct with intent to commit a felony listed in |
|
Paragraph (A) or (C) of this subdivision; |
|
(E) a violation of Section 20.02 (Unlawful |
|
restraint), 20.03 (Kidnapping), or 20.04 (Aggravated kidnapping), |
|
Penal Code, if, as applicable: |
|
(i) the judgment in the case contains an |
|
affirmative finding under Article 42.015; or |
|
(ii) the order in the hearing or the papers |
|
in the case contain an affirmative finding that the victim or |
|
intended victim was younger than 18 [17] years of age and that the |
|
actor was not the parent or guardian of the victim or intended |
|
victim; |
|
(F) a violation of Section 15.031 (Criminal |
|
solicitation of a minor), Penal Code, if the offense or conduct: |
|
(i) is described by Section 15.031(a), |
|
Penal Code, and involves an offense described by Paragraph (C) of |
|
this subdivision; or |
|
(ii) is described by Section 15.031(b), |
|
Penal Code; |
|
(G) a violation of Section 19.03(a)(2) (Capital |
|
murder), Penal Code, if the murder is committed in the course of |
|
committing an offense under Section 22.021 (Aggravated sexual |
|
assault), Penal Code, or an offense described by Paragraph (C) or |
|
(D) of this subdivision; |
|
(H) a violation of Section 20A.02(a)(2) |
|
(Trafficking of persons), Penal Code, if the victim or intended |
|
victim is younger than 18 years of age at the time the violation |
|
occurred; |
|
(I) a violation of Section 21.12 (Improper |
|
relationship between educator and student) or 21.15 (Improper |
|
photography or visual recording), Penal Code, if the victim or |
|
intended victim is younger than 18 years of age at the time the |
|
violation occurred; |
|
(J) a violation of Section 33.021 (Online |
|
solicitation of a minor), Penal Code; |
|
(K) a violation of Section 39.04(a)(2) (Improper |
|
sexual activity with person in custody), Penal Code; |
|
(L) a violation of Section 43.02(a)(2) |
|
(Prostitution), Penal Code, if the person whom the actor solicits |
|
is younger than 18 years of age at the time of the solicitation; |
|
(M) a violation of Section 43.03(a)(2) |
|
(Promotion of prostitution), Penal Code, if the actor solicits |
|
another to engage in sexual conduct with a person who is younger |
|
than 18 years of age at the time of the solicitation; |
|
(N) a violation of Section 43.23 (Obscenity), |
|
Penal Code, that is punishable under Subsection (h) of that |
|
section; |
|
(O) a violation of Section 71.02 (Engaging in |
|
organized criminal activity), Penal Code, if the actor commits or |
|
conspires to commit a violation: |
|
(i) of Section 22.011 (Sexual assault) or |
|
22.021 (Aggravated sexual assault), Penal Code; or |
|
(ii) described by Paragraph (C), (D), or |
|
(G) of this subdivision; |
|
(P) the second violation of Section 21.08 |
|
(Indecent exposure), Penal Code[, but not if the second violation
|
|
results in a deferred adjudication]; |
|
(Q) [(G)] an attempt or[,] conspiracy, [or
|
|
solicitation,] as defined by Chapter 15, Penal Code, to commit an |
|
offense or engage in conduct described by this subdivision [listed
|
|
in Paragraph (A), (B), (C), (D), or (E)]; |
|
(R) a solicitation, as defined by Chapter 15, |
|
Penal Code, and other than a solicitation described by Paragraph |
|
(F), to commit an offense or engage in conduct listed in Paragraph |
|
(A), (B), (C), (D), or (E); |
|
(S) [(H)] a violation of a local ordinance or |
|
order, the laws of another state, the United States [federal law], |
|
[the laws of] a foreign country, or a federally recognized Indian |
|
tribe, the Uniform Code of Military Justice, or any other criminal |
|
law for or based on the violation of an offense containing elements |
|
that are substantially similar to the elements of an offense |
|
described by this subdivision, other than an offense described by |
|
Paragraph (P) [listed under Paragraph (A), (B), (C), (D), (E), or
|
|
(G), but not if the violation results in a deferred adjudication]; |
|
or |
|
(T) [(I)] the second violation of a local |
|
ordinance or order, the laws of another state, the United States |
|
[federal law], [the laws of] a foreign country, or a federally |
|
recognized Indian tribe, the Uniform Code of Military Justice, or |
|
any other criminal law for or based on the violation of an offense |
|
containing elements that are substantially similar to the elements |
|
of the offense of indecent exposure[, but not if the second
|
|
violation results in a deferred adjudication]. |
|
SECTION 5. Subdivision (10), Article 62.001, Code of |
|
Criminal Procedure, is amended to read as follows: |
|
(10) "Extrajurisdictional registrant" means a person |
|
who: |
|
(A) is required to register as a sex offender |
|
under: |
|
(i) the laws of another state [with which
|
|
the department has entered into a reciprocal registration
|
|
agreement]; |
|
(ii) federal law or the Uniform Code of |
|
Military Justice; or |
|
(iii) the laws of a foreign country; and |
|
(B) is not otherwise required to register under |
|
this chapter because: |
|
(i) the person does not have a reportable |
|
conviction for an offense under the laws of the other state, federal |
|
law, the laws of the foreign country, or the Uniform Code of |
|
Military Justice containing elements that are substantially |
|
similar to the elements of an offense requiring registration under |
|
this chapter; or |
|
(ii) the person does not have a reportable |
|
adjudication of delinquent conduct based on a violation of an |
|
offense under the laws of the other state, federal law, or the laws |
|
of the foreign country containing elements that are substantially |
|
similar to the elements of an offense requiring registration under |
|
this chapter. |
|
SECTION 6. Subchapter A, Chapter 62, Code of Criminal |
|
Procedure, is amended by adding Article 62.0011 to read as follows: |
|
Art. 62.0011. CLASSIFICATION OF REPORTABLE CONVICTIONS OR |
|
ADJUDICATIONS. (a) For purposes of this chapter, a reportable |
|
conviction or adjudication is a tier one reportable conviction or |
|
adjudication if the conviction or adjudication is: |
|
(1) a conviction or deferred adjudication that is not |
|
described by Subsection (b) or (c); or |
|
(2) an adjudication of delinquent conduct. |
|
(b) For purposes of this chapter, a reportable conviction or |
|
adjudication is a tier two reportable conviction or adjudication if |
|
the conviction or adjudication is based on a violation of: |
|
(1) Section 15.031(b) (Criminal solicitation of a |
|
minor), Penal Code, if the actor requests, commands, or attempts to |
|
induce a minor or a person the actor believes to be a minor to engage |
|
in specific conduct that would constitute an offense under Section |
|
43.25 (Sexual performance by a child), Penal Code; |
|
(2) Section 20A.02(a)(2) (Trafficking of persons), |
|
Penal Code, in the manner described by Article 62.001(5)(H); |
|
(3) Section 21.11 (Indecency with a child), Penal |
|
Code, other than a violation of that section described by |
|
Subsection (c)(4) of this article; |
|
(4) Section 43.02(a)(2) (Prostitution), Penal Code, |
|
in the manner described by Article 62.001(5)(L); |
|
(5) Section 43.03(a)(2) (Promotion of prostitution), |
|
Penal Code, in the manner described by Article 62.001(5)(M); or |
|
(6) Section 43.23 (Obscenity), Penal Code, that is |
|
punishable under Subsection (h) of that section. |
|
(c) For purposes of this chapter, a reportable conviction or |
|
adjudication is a tier three reportable conviction or adjudication |
|
if the conviction or adjudication is based on a violation of: |
|
(1) Section 19.03(a)(2) (Capital murder), Penal Code, |
|
in the manner described by Article 62.001(5)(G); |
|
(2) Section 20.03 (Kidnapping) or 20.04 (Aggravated |
|
kidnapping), Penal Code, if the victim or intended victim is |
|
younger than 18 years of age at the time of the kidnapping and the |
|
actor is not the parent or guardian of the victim or intended |
|
victim; |
|
(3) Section 20.04 (Aggravated kidnapping), Penal |
|
Code, if the actor committed the offense or engaged in the conduct |
|
with the intent to violate or abuse the victim sexually, regardless |
|
of the age of the victim; |
|
(4) Section 21.11 (Indecency with a child), Penal |
|
Code, if the victim or intended victim is younger than 13 years of |
|
age; |
|
(5) Section 22.011 (Sexual assault) or 22.021 |
|
(Aggravated sexual assault), Penal Code; |
|
(6) Section 30.02 (Burglary), Penal Code, in the |
|
manner described by Article 62.001(5)(D); |
|
(7) Section 43.05(a)(2) (Compelling prostitution), |
|
Penal Code; |
|
(8) Section 43.25 (Sexual performance by a child), |
|
Penal Code; |
|
(9) Section 43.26 (Possession or promotion of child |
|
pornography), Penal Code; or |
|
(10) Section 71.02 (Engaging in organized criminal |
|
activity), Penal Code, in the manner described by Article |
|
62.001(5)(O). |
|
(d) For purposes of this article, an attempt or conspiracy |
|
to commit an offense or to engage in conduct based on a violation of |
|
an offense is classified as the same tier of reportable convictions |
|
or adjudications as the offense or conduct that is attempted or that |
|
is the object of the conspiracy. |
|
(e) For purposes of this article, a reportable conviction or |
|
adjudication described by Article 62.001(5)(S) or (T) is classified |
|
as the same tier of reportable convictions or adjudications as a |
|
reportable conviction or adjudication based on a violation of a law |
|
of this state that contains elements that are substantially similar |
|
to the elements of the offense giving rise to the reportable |
|
conviction or adjudication described by Article 62.001(5)(S) or |
|
(T). |
|
(f) Notwithstanding Subsections (a)-(e), a tier one or tier |
|
two reportable conviction or adjudication that a person receives |
|
subsequent to another reportable conviction or adjudication is |
|
classified as the next highest tier of reportable convictions or |
|
adjudications, except that a reportable conviction or adjudication |
|
that is an adjudication of delinquent conduct is a tier one |
|
reportable conviction or adjudication, regardless of whether the |
|
person has previously received another reportable conviction or |
|
adjudication that is an adjudication of delinquent conduct. |
|
SECTION 7. Article 62.002, Code of Criminal Procedure, is |
|
amended by amending Subsection (a) and adding Subsection (a-1) to |
|
read as follows: |
|
(a) This chapter applies only to a reportable conviction or |
|
adjudication occurring on or after September 1, 1970, as a result of |
|
which, on or after September 1, 1997, a defendant: |
|
(1) is confined in a penal institution; |
|
(2) is under the supervision and control of a juvenile |
|
probation office or an agency or entity operating under contract |
|
with a juvenile probation office, the Texas Youth Commission, a |
|
community supervision and corrections department, or the parole |
|
division of the Texas Department of Criminal Justice; or |
|
(3) under the laws of another state, federal law, the |
|
laws of a foreign country, or the Uniform Code of Military Justice: |
|
(A) in or under that jurisdiction, is confined in |
|
a facility that is the equivalent of a penal institution in this |
|
state; or |
|
(B) in or under that jurisdiction, is under the |
|
supervision and control of an agency or department that is the |
|
equivalent of a juvenile probation office in this state or of an |
|
agency or entity operating in this state under contract with a |
|
juvenile probation office, the Texas Youth Commission, a community |
|
supervision and corrections department, or the parole division of |
|
the Texas Department of Criminal Justice. |
|
(a-1) A defendant who, on or after September 1, 1997, is not |
|
described by Subsection (a) is covered by the law in effect under |
|
Section 8(a), Article 6252-13c.1, Revised Statutes, before that |
|
article was redesignated and amended as this chapter by Chapter |
|
668, Acts of the 75th Legislature, Regular Session, 1997, and that |
|
former law is continued in effect for that purpose. |
|
SECTION 8. Subsections (a) and (b), Article 62.003, Code of |
|
Criminal Procedure, are amended to read as follows: |
|
(a) For the purposes of this chapter, the department is |
|
responsible for determining whether an offense under a local |
|
ordinance or order, the laws of another state, the United States |
|
[federal law], [the laws of] a foreign country, or a federally |
|
recognized Indian tribe, the Uniform Code of Military Justice, or |
|
any other criminal law contains elements that are substantially |
|
similar to the elements of an offense under the laws of this state. |
|
(b) The department annually shall provide or make available |
|
to each prosecuting attorney's office in this state: |
|
(1) the criteria used in making a determination under |
|
Subsection (a); and |
|
(2) any existing record or compilation of offenses |
|
under a local ordinance or order, the laws of another state, the |
|
United States [federal law], [the laws of] a foreign country, and a |
|
federally recognized Indian tribe, the Uniform Code of Military |
|
Justice, and any other criminal law that the department has already |
|
determined to contain elements that are substantially similar to |
|
the elements of offenses under the laws of this state. |
|
SECTION 9. Article 62.005, Code of Criminal Procedure, is |
|
amended by amending Subsections (a) and (b) and adding Subsections |
|
(a-1) and (b-1) to read as follows: |
|
(a) The department shall maintain a computerized central |
|
database containing the information required for registration |
|
under this chapter. The department may include in the computerized |
|
central database the numeric risk level assigned to a person under |
|
this chapter. The central database must contain with respect to |
|
each person required to register under this chapter the following |
|
information or a link that enables a user to access the following |
|
information: |
|
(1) the information contained in the registration form |
|
described by Article 62.051(c); |
|
(2) the text of the law that defines the offense on |
|
which the reportable conviction or adjudication for which the |
|
person is required to register under this chapter is based, or of |
|
any other law defining an offense for which the person may be |
|
required to register under this chapter as described by Article |
|
62.051(a); |
|
(3) the person's criminal history, including the date |
|
of all arrests and convictions and the existence of any outstanding |
|
warrants for the person's arrest; and |
|
(4) a sample of the person's DNA. |
|
(a-1) The department must design the database in a manner |
|
that allows a member of the public to access through the Internet |
|
all database information that is not exempted from public |
|
disclosure under Subsection (b) or (b-1). |
|
(b) The information contained in the database, including |
|
the numeric risk level assigned to a person under this chapter, is |
|
public information, with the exception of any information: |
|
(1) regarding the person's social security number[,
|
|
driver's license number,] or telephone number; |
|
(2) that is required by the department under Article |
|
62.051(c)(9) and not required under this article to be included in |
|
the database [62.051(c)(7)]; [or] |
|
(3) that would identify the victim or intended victim |
|
of the offense for which the person is subject to registration; or |
|
(4) concerning an arrest of the person that did not |
|
result in a conviction, adjudication of delinquent conduct, or |
|
grant of deferred adjudication. |
|
(b-1) The department by rule: |
|
(1) may exclude the following information from the |
|
database with respect to a person required to register under this |
|
chapter: |
|
(A) any information concerning a tier one |
|
reportable conviction or adjudication based on an offense or |
|
conduct the victim or intended victim of which was 18 years of age |
|
or older at the time the person committed the offense or engaged in |
|
the conduct; |
|
(B) the name of the person's employer; |
|
(C) the name of an educational facility in which |
|
the person is enrolled as a student; and |
|
(D) any other information that the department, |
|
under Article 62.0061, determines may be exempted from public |
|
disclosure under federal law; and |
|
(2) must exclude from the database any information not |
|
otherwise described by Subdivision (1) that the department, under |
|
Article 62.0061, determines must be exempted from public disclosure |
|
under federal law. |
|
SECTION 10. Subchapter A, Chapter 62, Code of Criminal |
|
Procedure, is amended by adding Articles 62.0051, 62.0052, 62.0061, |
|
and 62.0062 to read as follows: |
|
Art. 62.0051. INTERNET WEBSITE FOR COMPUTERIZED CENTRAL |
|
DATABASE. The Internet website through which the department allows |
|
access to public information contained in the computerized central |
|
database maintained under Article 62.005 must include: |
|
(1) links to safety and education resources concerning |
|
sex offenders; |
|
(2) instructions concerning the procedure by which a |
|
person may seek to correct in the database information that the |
|
person believes is incorrect; and |
|
(3) a warning that using information on the Internet |
|
website to unlawfully injure, harass, or commit a criminal offense |
|
against a person required to register under this chapter or a person |
|
residing or working at an address disclosed on the database may |
|
subject the actor to criminal or civil penalties. |
|
Art. 62.0052. ELECTRONIC MAIL NOTIFICATION SERVICE FOR |
|
SCHOOLS AND SCHOOL DISTRICTS. (a) The department shall maintain |
|
an electronic mail notification service to which a superintendent |
|
of a public school district or the superintendent's designee or an |
|
administrator of any private primary or secondary school in this |
|
state may electronically subscribe. |
|
(b) The electronic mail notification service maintained |
|
under Subsection (a) must: |
|
(1) allow a subscriber to request for a school or |
|
school 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 enroll or enrolls in that school or school district and |
|
is required to register under this chapter; and |
|
(B) any change in the enrollment of a person who |
|
is required to register under this chapter; and |
|
(2) respond to a subscriber via electronic mail not |
|
later than the third business day after the date the department |
|
receives notice of an event described by Subdivision (1). |
|
(c) The Texas Education Agency, a superintendent of a public |
|
school district in this state or the superintendent's designee, or |
|
an administrator of a private primary or secondary school in this |
|
state shall provide the department with any information the |
|
department determines is necessary to implement and operate the |
|
notification service under this article. |
|
(d) The department may include in an electronic mail |
|
notification sent to a subscriber any public information described |
|
by Article 62.005. |
|
Art. 62.0061. UPDATING REQUIREMENTS. (a) The department |
|
periodically shall determine whether the attorney general of the |
|
United States has taken any action under the Sex Offender |
|
Registration and Notification Act (42 U.S.C. Section 16901 et seq.) |
|
that requires, in any manner: |
|
(1) the department to amend its rules or modify the |
|
contents of the registration form described by Article 62.051(c) or |
|
the database maintained under Article 62.005; or |
|
(2) this state to amend this chapter, including |
|
amending this chapter to exclude certain offenses under the laws of |
|
a foreign country from the definition of "reportable conviction or |
|
adjudication" for reasons based on fundamental fairness or due |
|
process, as described by the guidelines and regulations adopted by |
|
the attorney general of the United States under 42 U.S.C. Section |
|
16912. |
|
(b) Not later than January 15 of each odd-numbered year, the |
|
department shall submit to the governor, the lieutenant governor, |
|
the speaker of the house of representatives, and the standing |
|
committees of each house of the legislature with primary |
|
jurisdiction over matters of criminal justice or corrections a |
|
written report that summarizes any determinations made by the |
|
department under Subsection (a)(2) between January 1 of the |
|
preceding odd-numbered year and January 1 of the year in which the |
|
report is submitted. |
|
(c) Not later than the 30th day after the date that the |
|
department determines under Subsection (a)(1) that the |
|
department's rules, registration form, or database must be amended |
|
or modified, the department shall amend or modify the rules, form, |
|
or database, as applicable. |
|
Art. 62.0062. REGISTRATION INFORMATION DISSEMINATION. |
|
(a) Not later than the third business day after the date the |
|
department receives a registration form under Article 62.051(e), |
|
information under Article 62.055(d) or 62.057(d), or a verified |
|
registration form under Article 62.058(f), the department |
|
immediately shall provide access to the information from the form |
|
or other source, as applicable, to: |
|
(1) the attorney general of the United States; |
|
(2) any agency of another jurisdiction as defined by |
|
42 U.S.C. 16911 that is designated by that jurisdiction to receive |
|
registration information and required under federal law to receive |
|
information from the department; |
|
(3) any agency responsible for conducting |
|
employment-related background checks under Section 3 of the |
|
National Child Protection Act of 1993 (42 U.S.C. Section 5119a); |
|
(4) the Health and Human Services Commission; and |
|
(5) subject to Subsection (c), any individual, entity, |
|
or organization that requests notification under this article. |
|
(b) An individual, entity, or organization may not request |
|
notification under Subsection (a)(5) more frequently than once |
|
every five business days. |
|
(c) The department may not disclose information under |
|
Subsection (a) to an individual, entity, or organization that is |
|
not authorized by this chapter or other law to receive that |
|
information. |
|
SECTION 11. Subsection (d), Article 62.009, Code of |
|
Criminal Procedure, is amended to read as follows: |
|
(d) A private primary or secondary school, public or private |
|
institution of higher education, or administrator of a private |
|
primary or secondary school or public or private institution of |
|
higher education may release to the public information regarding a |
|
person required to register under this chapter only if the |
|
information is public information under this chapter and is |
|
released to the administrator under Article 62.005, 62.053, |
|
[62.054,] 62.055, or 62.153. A private primary or secondary |
|
school, public or private institution of higher education, or |
|
administrator of a private primary or secondary school or public or |
|
private institution of higher education is not liable under any law |
|
for damages arising from conduct authorized by this subsection. |
|
SECTION 12. Subsections (a), (c), (h), and (i), Article |
|
62.051, Code of Criminal Procedure, are amended to read as follows: |
|
(a) A person who has a reportable conviction or adjudication |
|
or who is required to register as a condition of parole, release to |
|
mandatory supervision, or community supervision shall register or, |
|
if the person is a person for whom registration is completed under |
|
this chapter, verify registration as provided by Subsection (f), |
|
with the local law enforcement authority in any municipality where |
|
the person resides or intends to reside for more than seven days. |
|
If the person does not reside or intend to reside in a municipality, |
|
the person shall register or verify registration in any county |
|
where the person resides or intends to reside for more than seven |
|
days. The person shall satisfy the requirements of this subsection |
|
not later than [the later of:
|
|
[(1)] the third business [seventh] day after the |
|
person's arrival in the municipality or county[; or
|
|
[(2)
the first date the local law enforcement
|
|
authority of the municipality or county by policy allows the person
|
|
to register or verify registration, as applicable]. |
|
(c) The registration form shall require: |
|
(1) the person's full name, [each alias,] date of |
|
birth, sex, race, height, weight, eye color, hair color, social |
|
security number, driver's license number, and shoe size, each alias |
|
used by the person, and each home owned or leased by the person or |
|
any other address at which the person resides or intends to reside |
|
or, if the person does not reside or intend to reside at an address, |
|
each specific geographic location at which the person resides or |
|
intends to reside; |
|
(2) a current [recent] color photograph or, if |
|
possible, a current [an] electronic digital image of the person, a |
|
photocopy of the driver's license or personal identification |
|
certificate of the person, and a complete set of the person's |
|
fingerprints and palm prints; |
|
(3) the type of offense the person was convicted of, |
|
the age of the victim or intended victim, the date of conviction, |
|
and the punishment received; |
|
(4) an indication as to whether the person is |
|
discharged, paroled, or released on juvenile probation, community |
|
supervision, or mandatory supervision; |
|
(5) an indication of each license, as defined by |
|
Article 62.005(g), that is held or sought by the person; |
|
(6) an indication as to whether the person is or will |
|
be employed, carrying on a vocation, or a student at an educational |
|
facility in this state or another state, including a public or |
|
private primary or secondary school and a [particular] public or |
|
private institution of higher education [in this state or another
|
|
state], and the name and address of that educational facility |
|
[institution]; [and] |
|
(7) an indication as to whether the person is or will |
|
be employed or carrying on a vocation other than as described by |
|
Subdivision (6), and the name and address of the person's employer |
|
or anticipated employer or the address at which the person is or |
|
will be carrying on the vocation, as applicable; |
|
(8) a description of any motor vehicle owned or driven |
|
by the person, including the license plate number of the motor |
|
vehicle; and |
|
(9) any other information required by the department. |
|
(h) If a person subject to registration under this chapter |
|
does not move to an intended residence by the end of the third |
|
business [seventh] day after the date on which the person is |
|
released or the date on which the person leaves a previous |
|
residence, the person shall: |
|
(1) report to the juvenile probation officer, |
|
community supervision and corrections department officer, or |
|
parole officer supervising the person by not later than the third |
|
business [seventh] day after the date on which the person is |
|
released or the date on which the person leaves a previous |
|
residence, as applicable, and provide the officer with the address |
|
of the person's temporary residence; and |
|
(2) continue to report to the person's supervising |
|
officer not less than weekly during any period of time in which the |
|
person has not moved to an intended residence and provide the |
|
officer with the address of the person's temporary residence. |
|
(i) If the other state has a registration requirement for |
|
sex offenders, a person who has a reportable conviction or |
|
adjudication, who resides in this state, and who is employed, |
|
carries on a vocation, or is a student in another state shall, not |
|
later than the third business [10th] day after the date on which the |
|
person begins to work or attend school in the other state, register |
|
with the law enforcement authority that is identified by the |
|
department as the authority designated by that state to receive |
|
registration information. If the person is employed, carries on a |
|
vocation, or is a student at a public or private institution of |
|
higher education in the other state and if an authority for campus |
|
security exists at the institution, the person shall also register |
|
with that authority not later than the third business [10th] day |
|
after the date on which the person begins to work or attend school. |
|
SECTION 13. Subchapter B, Chapter 62, Code of Criminal |
|
Procedure, is amended by adding Article 62.0521 to read as follows: |
|
Art. 62.0521. REGISTRATION: CONVICTION OR ADJUDICATION IN |
|
ANOTHER JURISDICTION. If a person who resides in this state is |
|
required to register under this chapter as the result of a |
|
reportable conviction or adjudication that is based on a violation |
|
of an offense under the laws of another jurisdiction as described by |
|
Article 62.001(5)(S) or (T) and defined by 42 U.S.C. Section 16911, |
|
the person shall: |
|
(1) initially register in the other jurisdiction with |
|
the law enforcement authority that is identified by the department |
|
as the authority designated by that state to receive registration |
|
information; and |
|
(2) maintain registration in that jurisdiction for any |
|
period required by that jurisdiction. |
|
SECTION 14. Subsections (a), (e), (f), and (g), Article |
|
62.053, Code of Criminal Procedure, are amended to read as follows: |
|
(a) Before a person who will be subject to registration |
|
under this chapter is due to be released from a penal institution, |
|
the Texas Department of Criminal Justice or the Texas Youth |
|
Commission shall determine the person's level of risk to the |
|
community using the sex offender screening tool developed or |
|
selected under Article 62.007 and assign to the person a numeric |
|
risk level of one, two, or three. Before releasing the person, an |
|
official of the penal institution shall: |
|
(1) inform the person that: |
|
(A) not later than [the later of] the third |
|
business [seventh] day after the date on which the person is |
|
released or after the date on which the person moves from a previous |
|
residence to a new residence in this state, as applicable [or not
|
|
later than the later of the first date the applicable local law
|
|
enforcement authority by policy allows the person to register or
|
|
verify registration], the person must register or verify |
|
registration with the local law enforcement authority in the |
|
municipality or county in which the person intends to reside; |
|
(B) not later than the third business [seventh] |
|
day after the date on which the person is released or the date on |
|
which the person moves from a previous residence to a new residence |
|
in this state, the person must, if the person has not moved to an |
|
intended residence, report to the juvenile probation officer, |
|
community supervision and corrections department officer, or |
|
parole officer supervising the person; |
|
(C) not later than the seventh day before the |
|
date on which the person moves to a new residence in this state or |
|
another state, the person must report in person to the local law |
|
enforcement authority designated as the person's primary |
|
registration authority by the department and to the juvenile |
|
probation officer, community supervision and corrections |
|
department officer, or parole officer supervising the person; |
|
(D) not later than the third business [10th] day |
|
after the date on which the person arrives in another state in which |
|
the person intends to reside, the person must register with the law |
|
enforcement agency that is identified by the department as the |
|
agency designated by that state to receive registration |
|
information, if the other state has a registration requirement for |
|
sex offenders; |
|
(E) not later than the 30th day after the date on |
|
which the person is released, the person must apply to the |
|
department in person for the issuance of an original or renewal |
|
driver's license or personal identification certificate and a |
|
failure to apply to the department as required by this paragraph |
|
results in the automatic revocation of any driver's license or |
|
personal identification certificate issued by the department to the |
|
person; and |
|
(F) the person must notify appropriate entities |
|
of any change in status as described by Article 62.057; |
|
(2) require the person to sign a written statement |
|
that the person was informed of the person's duties as described by |
|
Subdivision (1) or Subsection (g) or, if the person refuses to sign |
|
the statement, certify that the person was so informed; |
|
(3) obtain the address or addresses or, if applicable, |
|
each specific geographic location where the person expects to |
|
reside on the person's release and other registration information, |
|
including a current photograph and complete set of fingerprints and |
|
palm prints; and |
|
(4) complete the registration form for the person. |
|
(e) Not later than the eighth day after receiving a |
|
registration form under Subsection (b), (c), or (d), the local law |
|
enforcement authority shall verify the age of the victim or |
|
intended victim, the basis on which the person is subject to |
|
registration under this chapter, and the person's numeric risk |
|
level. The local law enforcement authority shall immediately |
|
provide written notice described by Subsection (f) to the |
|
superintendent of each [the] public school district and to the |
|
administrator of any private primary or secondary school located in |
|
each [the] public school district in which the person subject to |
|
registration intends to reside, be employed or carry on a vocation, |
|
or enroll as a student [by mail to the office of the superintendent
|
|
or administrator, as appropriate, in accordance with Article
|
|
62.054]. On receipt of a notice under this subsection, a [the] |
|
superintendent shall release the information contained in the |
|
notice to appropriate school district personnel, including peace |
|
officers and security personnel, principals, nurses, and |
|
counselors. The local law enforcement agency also shall |
|
immediately provide written notice described by Subsection (f) to |
|
the administrative offices of any public housing authority located |
|
in the area in which the person subject to registration intends to |
|
reside, be employed or carry on a vocation, or enroll as a student. |
|
(f) The local law enforcement authority shall include in the |
|
notice to the superintendent of each applicable [the] public school |
|
district, [and to] the administrator of any private primary or |
|
secondary school located in the public school district, and each |
|
applicable public housing authority any information the authority |
|
determines is necessary to protect the public, except information |
|
that is described by Article 62.005(b) or (b-1)[:
|
|
[(1)
the person's social security number, driver's
|
|
license number, or telephone number; and
|
|
[(2)
any information that would identify the victim of
|
|
the offense for which the person is subject to registration]. |
|
(g) Before a person who will be subject to registration |
|
under this chapter is due to be released from a penal institution in |
|
this state, an official of the penal institution shall inform the |
|
person that: |
|
(1) if the person intends to reside in another state |
|
and to work or attend school in this state, the person must, not |
|
later than [the later of] the third business [seventh] day after the |
|
date on which the person begins to work or attend school [or the
|
|
first date the applicable local law enforcement authority by policy
|
|
allows the person to register or verify registration], register or |
|
verify registration with the local law enforcement authority in the |
|
municipality or county in which the person intends to work or attend |
|
school; |
|
(2) if the person intends to reside in this state and |
|
to work or attend school in another state and if the other state has |
|
a registration requirement for sex offenders, the person must: |
|
(A) not later than the third business [10th] day |
|
after the date on which the person begins to work or attend school |
|
in the other state, register with the law enforcement authority |
|
that is identified by the department as the authority designated by |
|
that state to receive registration information; and |
|
(B) if the person intends to be employed, carry |
|
on a vocation, or be a student at a public or private institution of |
|
higher education in the other state and if an authority for campus |
|
security exists at the institution, register with that authority |
|
not later than the third business [10th] day after the date on which |
|
the person begins to work or attend school; and |
|
(3) regardless of the state in which the person |
|
intends to reside, if the person intends to be employed, carry on a |
|
vocation, or be a student at a public or private institution of |
|
higher education in this state, the person must: |
|
(A) not later than [the later of] the third |
|
business [seventh] day after the date on which the person begins to |
|
work or attend school [or the first date the applicable authority by
|
|
policy allows the person to register], register with: |
|
(i) the authority for campus security for |
|
that institution; or |
|
(ii) except as provided by Article |
|
62.153(e), if an authority for campus security for that institution |
|
does not exist, the local law enforcement authority of: |
|
(a) the municipality in which the |
|
institution is located; or |
|
(b) the county in which the |
|
institution is located, if the institution is not located in a |
|
municipality; and |
|
(B) not later than the third business [seventh] |
|
day after the date the person stops working or attending school, |
|
notify the appropriate authority for campus security or local law |
|
enforcement authority of the termination of the person's status as |
|
a worker or student. |
|
SECTION 15. Subsections (a), (c), and (e) through (h), |
|
Article 62.055, Code of Criminal Procedure, are amended to read as |
|
follows: |
|
(a) If a person required to register under this chapter |
|
intends to change address, regardless of whether the person intends |
|
to move to another state, the person shall, not later than the |
|
seventh day before the intended change, report in person to the |
|
local law enforcement authority designated as the person's primary |
|
registration authority by the department and to the juvenile |
|
probation officer, community supervision and corrections |
|
department officer, or parole officer supervising the person and |
|
provide the authority and the officer with the person's anticipated |
|
move date and new address. If a person required to register changes |
|
address, the person shall, not later than [the later of] the third |
|
business [seventh] day after changing the address [or the first
|
|
date the applicable local law enforcement authority by policy
|
|
allows the person to report], report in person to the local law |
|
enforcement authority in the municipality or county in which the |
|
person's new residence is located and provide the authority with |
|
proof of identity and proof of residence. |
|
(c) If the person moves to another state that has a |
|
registration requirement for sex offenders, the person shall, not |
|
later than the third business [10th] day after the date on which the |
|
person arrives in the other state, register with the law |
|
enforcement agency that is identified by the department as the |
|
agency designated by that state to receive registration |
|
information. |
|
(e) If a person who reports to a local law enforcement |
|
authority under Subsection (a) does not move on or before the |
|
anticipated move date or does not move to the new address provided |
|
to the authority, the person shall: |
|
(1) not later than the third business [seventh] day |
|
after the anticipated move date, and not less than weekly after that |
|
third business [seventh] day, report to the local law enforcement |
|
authority designated as the person's primary registration |
|
authority by the department and provide an explanation to the |
|
authority regarding any changes in the anticipated move date and |
|
intended residence; and |
|
(2) not later than the third business day after the |
|
anticipated move date, report to the juvenile probation officer, |
|
community supervision and corrections department officer, or |
|
parole officer supervising the person and continue to report to |
|
that officer not less than weekly during any period in which the |
|
person has not moved to an intended residence. |
|
(f) If the person moves to another municipality or county in |
|
this state, the department shall inform the applicable local law |
|
enforcement authority in the new area of the person's residence not |
|
later than the third day after the date on which the department |
|
receives information under Subsection (a). Not later than the |
|
eighth day after the date on which the local law enforcement |
|
authority is informed under Subsection (a) or under this |
|
subsection, the authority shall verify the age of the victim or |
|
intended victim, the basis on which the person is subject to |
|
registration under this chapter, and the person's numeric risk |
|
level. The local law enforcement authority shall immediately |
|
provide written notice described by Subsection (g) to the |
|
superintendent of each applicable [the] public school district and |
|
to the administrator of any private primary or secondary school |
|
located in each applicable [the] public school district in which |
|
the person subject to registration intends to reside, be employed |
|
or carry on a vocation, or enroll as a student [by mail to the office
|
|
of the superintendent or administrator, as appropriate, in
|
|
accordance with Article 62.054]. On receipt of a notice under this |
|
subsection, a [the] superintendent shall release the information |
|
contained in the notice to appropriate school district personnel, |
|
including peace officers and security personnel, principals, |
|
nurses, and counselors. The local law enforcement agency also |
|
shall immediately provide written notice described by Subsection |
|
(g) to the administrative offices of any public housing authority |
|
located in the area in which the person subject to registration |
|
intends to reside, be employed or carry on a vocation, or enroll as |
|
a student. |
|
(g) The local law enforcement authority shall include in the |
|
notice to the superintendent of each applicable [the] public school |
|
district, [and] the administrator of any private primary or |
|
secondary school located in the public school district, and each |
|
applicable public housing authority any information the authority |
|
determines is necessary to protect the public, except information |
|
that is described by Article 62.005(b) or (b-1)[:
|
|
[(1)
the person's social security number, driver's
|
|
license number, or telephone number; and
|
|
[(2)
any information that would identify the victim of
|
|
the offense for which the person is subject to registration]. |
|
(h) If the person moves to another state, the department |
|
shall, immediately on receiving information under Subsection (d): |
|
(1) inform the agency that is designated by the other |
|
state to receive registration information, if that state has a |
|
registration requirement for sex offenders; and |
|
(2) send to the Federal Bureau of Investigation a copy |
|
of the person's registration form, including the record of |
|
conviction and a complete set of fingerprints and palm prints. |
|
SECTION 16. Subsections (a), (b), and (d), Article 62.057, |
|
Code of Criminal Procedure, are amended to read as follows: |
|
(a) If the juvenile probation officer, community |
|
supervision and corrections department officer, or parole officer |
|
supervising a person subject to registration under this chapter |
|
receives information to the effect that the person's status has |
|
changed in any manner that affects proper supervision of the |
|
person, including a change in the person's name, physical health, |
|
job or educational status, including higher educational status, |
|
incarceration, or terms of release, the supervising officer shall |
|
promptly notify the appropriate local law enforcement authority or |
|
authorities of that change. If the person required to register |
|
intends to change address, the supervising officer shall notify the |
|
local law enforcement authorities designated by Article 62.055(b). |
|
[Not later than the seventh day after the date the supervising
|
|
officer receives the relevant information, the supervising officer
|
|
shall notify the local law enforcement authority of any change in
|
|
the person's job or educational status in which the person:
|
|
[(1)
becomes employed, begins to carry on a vocation,
|
|
or becomes a student at a particular public or private institution
|
|
of higher education; or
|
|
[(2) terminates the person's status in that capacity.] |
|
(b) Not later than the third business [seventh] day after |
|
the date of the change, a person subject to registration under this |
|
chapter shall report to the local law enforcement authority |
|
designated as the person's primary registration authority by the |
|
department any change in the person's name, physical health, or job |
|
or educational status, including higher educational status. |
|
(d) Not later than the third business [seventh] day after |
|
the date the local law enforcement authority receives [the
|
|
relevant] information under Subsection (a) or (b), the local law |
|
enforcement authority shall forward that information to [notify] |
|
the department [of any change in the person's job or educational
|
|
status in which the person:
|
|
[(1)
becomes employed, begins to carry on a vocation,
|
|
or becomes a student at a particular public or private institution
|
|
of higher education; or
|
|
[(2) terminates the person's status in that capacity]. |
|
SECTION 17. Article 62.058, Code of Criminal Procedure, is |
|
amended by amending Subsections (a), (b), and (c) and adding |
|
Subsections (a-1) and (f) 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 designated primary registration authority by the |
|
department to verify the information in the person's registration |
|
form: |
|
(1) not less than once in each 90-day period following |
|
the date the person first registered under this chapter, if the |
|
person has a tier three reportable conviction or adjudication; |
|
(2) not less than once in each 180-day period |
|
following the date the person first registered under this chapter, |
|
if the person has a tier two reportable conviction or adjudication; |
|
or |
|
(3) not less than [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 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 each [the] anniversary of the |
|
[person's] date the person first registered under this chapter, if |
|
the person has a tier one reportable conviction or adjudication [of
|
|
birth to verify the information in the registration form maintained
|
|
by the authority for that person]. |
|
(a-1) For purposes of Subsection (a) [this subsection], a |
|
person complies with a requirement that the person register within |
|
a [90-day] period described by Subsection (a)(1) or (2) [following
|
|
a date] if the person registers at any time on or after the seventh |
|
[83rd] day before [following] that date but before the eighth |
|
[98th] day after that date. |
|
(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, 180-day, or |
|
annual 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)]. 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) and is in |
|
compliance with the reporting requirements of that subsection. |
|
(c) A local law enforcement authority with whom a person |
|
reports under this article shall require the person to produce |
|
proof of the person's identity and residence before the authority |
|
gives the registration form to the person for verification. If the |
|
information in the registration form is complete and accurate, the |
|
person shall verify registration by signing the form. If the |
|
information is not complete or not accurate, the person shall make |
|
any necessary additions or corrections before signing the form. |
|
The local law enforcement authority also shall take a photograph of |
|
a person reporting to the authority under this article and include |
|
that photograph with the person's verified registration form. |
|
(f) Not later than the third business day after the date a |
|
person verifies registration with a local law enforcement authority |
|
under Subsection (c) or (d), the local law enforcement authority |
|
shall forward a copy of the person's verified registration form to |
|
the department. |
|
SECTION 18. Article 62.101, Code of Criminal Procedure, is |
|
amended to read as follows: |
|
Art. 62.101. EXPIRATION OF DUTY TO REGISTER. (a) Except |
|
as provided by this article [Subsection (b)] and Subchapter I, the |
|
duty to register for a person ends: |
|
(1) on the 15th anniversary of the date on which the |
|
person is released from a penal institution or discharges community |
|
supervision or the court dismisses the criminal proceedings against |
|
the person and discharges the person, whichever date is later, if |
|
the person has a tier one reportable conviction or adjudication; |
|
(2) on the 25th anniversary of the date on which the |
|
person is released from a penal institution or discharges community |
|
supervision or the court dismisses the criminal proceedings against |
|
the person and discharges the person, whichever date is later, if |
|
the person has a tier two reportable conviction or adjudication; or |
|
(3) when the person dies, if the person has a tier |
|
three reportable conviction or adjudication[, other than an
|
|
adjudication of delinquent conduct, for:
|
|
[(1) a sexually violent offense;
|
|
[(2)
an offense under Section 25.02, 43.05(a)(2), or
|
|
43.26, Penal Code;
|
|
[(3)
an offense under Section 21.11(a)(2), Penal Code,
|
|
if before or after the person is convicted or adjudicated for the
|
|
offense under Section 21.11(a)(2), Penal Code, the person receives
|
|
or has received another reportable conviction or adjudication,
|
|
other than an adjudication of delinquent conduct, for an offense or
|
|
conduct that requires registration under this chapter;
|
|
[(4)
an offense under Section 20.02, 20.03, or 20.04,
|
|
Penal Code, if:
|
|
[(A)
the judgment in the case contains an
|
|
affirmative finding under Article 42.015 or, for a deferred
|
|
adjudication, the papers in the case contain an affirmative finding
|
|
that the victim or intended victim was younger than 17 years of age;
|
|
and
|
|
[(B)
before or after the person is convicted or
|
|
adjudicated for the offense under Section 20.02, 20.03, or 20.04,
|
|
Penal Code, the person receives or has received another reportable
|
|
conviction or adjudication, other than an adjudication of
|
|
delinquent conduct, for an offense or conduct that requires
|
|
registration under this chapter; or
|
|
[(5)
an offense under Section 43.23, Penal Code, that
|
|
is punishable under Subsection (h) of that section]. |
|
(b) The [Except as provided by Subchapter I, the] duty to |
|
register for a person otherwise described by Subsection (a)(1) |
|
[subject to Subsection (a)] ends on the 10th anniversary of the date |
|
on which the person is released from a penal institution or |
|
discharges community supervision or the court dismisses the |
|
criminal proceedings against the person and discharges the person, |
|
whichever date is later, if the person, during the period that |
|
begins on the first date on which the person is required to register |
|
under this chapter and ends on the 10th anniversary described by |
|
this subsection: |
|
(1) is not convicted of, placed on deferred |
|
adjudication for, or adjudicated as having engaged in delinquent |
|
conduct based on a violation of any offense under a local ordinance |
|
or order, the laws of this state, another state, the United States, |
|
a foreign country, or a federally recognized Indian tribe, the |
|
Uniform Code of Military Justice, or any other criminal law that is |
|
punishable by a term of imprisonment that exceeds one year; |
|
(2) does not receive a second or subsequent reportable |
|
conviction or adjudication; |
|
(3) successfully completes any applicable period of |
|
community supervision or release to parole or mandatory |
|
supervision; and |
|
(4) successfully completes a sex offender treatment |
|
program certified or approved by the Council on Sex Offender |
|
Treatment [person's duty to register is based on a conviction or an
|
|
order of deferred adjudication in a cause that was transferred to a
|
|
district court or criminal district court under Section 54.02,
|
|
Family Code]. |
|
(c) A person's duties to register and verify registration |
|
under this chapter are suspended for the duration of any period that |
|
the person is: |
|
(1) confined in a penal institution; or |
|
(2) civilly committed and confined in a secure |
|
facility as a sexually violent predator under Chapter 841, Health |
|
and Safety Code [Except as provided by Subchapter I, the duty to
|
|
register for a person with a reportable conviction or adjudication
|
|
for an offense other than an offense described by Subsection (a)
|
|
ends:
|
|
[(1)
if the person's duty to register is based on an
|
|
adjudication of delinquent conduct, on the 10th anniversary of the
|
|
date on which the disposition is made or the person completes the
|
|
terms of the disposition, whichever date is later; or
|
|
[(2)
if the person's duty to register is based on a
|
|
conviction or on an order of deferred adjudication, on the 10th
|
|
anniversary of the date on which the court dismisses the criminal
|
|
proceedings against the person and discharges the person, the
|
|
person is released from a penal institution, or the person
|
|
discharges community supervision, whichever date is later]. |
|
SECTION 19. Subsection (b), Article 62.102, 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(a)(1) [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)(2) |
|
[62.101(a) and who is required to verify registration 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)(3) |
|
[62.101(a) and who is required to verify registration once each
|
|
90-day period under Article 62.058]. |
|
SECTION 20. Article 62.151, Code of Criminal Procedure, is |
|
amended to read as follows: |
|
Art. 62.151. DEFINITIONS. For purposes of this subchapter, |
|
a person: |
|
(1) is employed or carries on a vocation if the person |
|
works or volunteers on a full-time or part-time basis for any [a
|
|
consecutive] period during [exceeding 14 days or for an aggregate
|
|
period exceeding 30 days in] a calendar year; |
|
(2) works regardless of whether the person works for |
|
compensation or for governmental or educational benefit; and |
|
(3) is a student if the person enrolls on a full-time |
|
or part-time basis in any educational facility, including: |
|
(A) a public or private primary or secondary |
|
school, including a high school or alternative learning center; or |
|
(B) a public or private institution of higher |
|
education. |
|
SECTION 21. Subsections (a) and (c), Article 62.153, Code |
|
of Criminal Procedure, are amended to read as follows: |
|
(a) Not later than [the later of] the third business |
|
[seventh] day after the date on which the person begins to work or |
|
attend school [or the first date the applicable authority by policy
|
|
allows the person to register], a person required to register under |
|
Article 62.152 or any other provision of this chapter who is |
|
employed, carries on a vocation, or is a student at a public or |
|
private institution of higher education in this state shall report |
|
that fact to: |
|
(1) the authority for campus security for that |
|
institution; or |
|
(2) if an authority for campus security for that |
|
institution does not exist, the local law enforcement authority of: |
|
(A) the municipality in which the institution is |
|
located; or |
|
(B) the county in which the institution is |
|
located, if the institution is not located in a municipality. |
|
(c) A person described by Subsection (a) shall notify the |
|
authority for campus security or the local law enforcement |
|
authority not later than the third business [seventh] day after the |
|
date of termination of the person's status as a worker or student at |
|
the institution. |
|
SECTION 22. Article 62.301, Code of Criminal Procedure, is |
|
amended by adding Subsection (f) to read as follows: |
|
(f) Notwithstanding any other provision of this article, a |
|
person is not eligible to petition the court under this article if |
|
the person is required to register for a tier three reportable |
|
conviction or adjudication. |
|
SECTION 23. Subsection (a), Article 62.402, Code of |
|
Criminal Procedure, is amended to read as follows: |
|
(a) The council by rule shall determine the minimum required |
|
registration period under the Sex Offender Registration and |
|
Notification Act (42 U.S.C. Section 16901 et seq.) [42 U.S.C.
|
|
Section 14071 (Jacob Wetterling Crimes Against Children and
|
|
Sexually Violent Offender Registration Program)] for each |
|
reportable conviction or adjudication under this chapter, if this |
|
state is to receive the maximum amount of federal money available to |
|
a state as described by that law. |
|
SECTION 24. Subchapter A, Chapter 38, Education Code, is |
|
amended by adding Section 38.017 to read as follows: |
|
Sec. 38.017. NOTICE OF SEX OFFENDER ENROLLMENT. For |
|
purposes of verifying the school enrollment of sex offenders, each |
|
superintendent of a school district or the superintendent's |
|
designee shall subscribe to the electronic mail notification |
|
service maintained by the Department of Public Safety under Article |
|
62.0052, Code of Criminal Procedure. |
|
SECTION 25. Subsection (b), Section 411.0091, Government |
|
Code, is amended to read as follows: |
|
(b) The sex offender compliance unit shall investigate and |
|
arrest individuals determined to have committed a sexually violent |
|
offense, as defined by Section 841.002, Health and Safety Code |
|
[Article 62.001, Code of Criminal Procedure]. |
|
SECTION 26. Subchapter C, Chapter 552, Government Code, is |
|
amended by adding Section 552.148 to read as follows: |
|
Sec. 552.148. EXCEPTION: INFORMATION CONCERNING |
|
REQUESTORS OF CERTAIN INFORMATION RELATING TO SEX OFFENDERS. The |
|
following information concerning a person who requests information |
|
under Article 62.0062(a), Code of Criminal Procedure, is |
|
confidential and not subject to disclosure under this chapter: |
|
(1) the name and electronic or physical address of the |
|
requestor; and |
|
(2) any other information the disclosure of which |
|
would identify or tend to identify the requestor. |
|
SECTION 27. The following laws are repealed: |
|
(1) Subdivision (6), Article 62.001, Subsection (c), |
|
Article 62.052, and Article 62.054, Code of Criminal Procedure; |
|
(2) Section 11, Chapter 668, Acts of the 75th |
|
Legislature, Regular Session, 1997; |
|
(3) Section 26, Chapter 1415, Acts of the 76th |
|
Legislature, Regular Session, 1999; and |
|
(4) Section 2, Chapter 1273, Acts of the 79th |
|
Legislature, Regular Session, 2005. |
|
SECTION 28. (a) The Department of Public Safety of the |
|
State of Texas shall have the electronic mail notification service |
|
required to be maintained under Article 62.0052, Code of Criminal |
|
Procedure, as added by this Act, fully functional and able to |
|
receive subscription requests and respond appropriately to those |
|
requests not later than January 1, 2008. |
|
(b) Each superintendent of a school district in this state |
|
or the superintendent's designee shall comply with Section 38.017, |
|
Education Code, as added by this Act, as soon as possible after the |
|
electronic mail notification service required to be maintained |
|
under Article 62.0052, Code of Criminal Procedure, as added by this |
|
Act, is fully functional and able to receive subscription requests |
|
and in no event later than the first day of the 2008-2009 school |
|
year. |
|
(c) The changes in law made by this Act in amending Chapter |
|
62, Code of Criminal Procedure, apply to a person subject to Chapter |
|
62, Code of Criminal Procedure, for an offense or conduct committed |
|
or engaged in before, on, or after the effective date of this Act. |
|
SECTION 29. This Act takes effect September 1, 2007. |
|
|
|
* * * * * |