81R17993 KCR-D | ||
By: Edwards, Turner of Tarrant | H.B. No. 2153 |
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relating to certain registration requirements imposed on sex | ||
offenders. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Article 13.31, Code of Criminal Procedure, is | ||
amended to read as follows: | ||
Art. 13.31. FAILURE TO COMPLY WITH SEX OFFENDER | ||
REGISTRATION STATUTE. An offense under Chapter 62 may be | ||
prosecuted in: | ||
(1) any county in which an element of the offense | ||
occurs; | ||
(2) the county in which the person subject to Chapter | ||
62 last registered, verified registration, or otherwise complied | ||
with a requirement of Chapter 62; | ||
(3) the county in which the person required to | ||
register under Chapter 62 has indicated that the person intends to | ||
reside, regardless of whether the person establishes or attempts to | ||
establish residency in that county; [ |
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(4) any county in which the person required to | ||
register under Chapter 62 is placed under custodial arrest for an | ||
offense subsequent to the person's most recent reportable | ||
conviction or adjudication under Chapter 62; or | ||
(5) the county in which the person required to | ||
register under Chapter 62 resides or is found by a peace officer, | ||
regardless of how long the person has been in the county or intends | ||
to stay in the county. | ||
SECTION 2. Article 62.051, Code of Criminal Procedure, is | ||
amended by amending Subsections (c) and (f) and adding Subsections | ||
(j) and (k) to read as follows: | ||
(c) The registration form shall require: | ||
(1) the person's full name, including each alias, the | ||
person's date of birth, sex, race, height, weight, eye color, hair | ||
color, social security number, driver's license number, and shoe | ||
size, and the [ |
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to reside or, if the person does not reside or intend to reside at a | ||
physical address, a detailed description of each geographical | ||
location at which the person resides or intends to reside; | ||
(2) a recent color photograph or, if possible, an | ||
electronic digital image of the person and a complete set of the | ||
person's fingerprints; | ||
(3) the type of offense the person was convicted of, | ||
the age of the 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 a particular | ||
public or private institution of higher education in this state or | ||
another state, and the name and address of that institution; and | ||
(7) any other information required by the department. | ||
(f) Not later than the seventh day after the date on which | ||
the person is released, a [ |
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completed under this chapter shall report to the applicable local | ||
law enforcement authority to verify the information in the | ||
registration form received by the authority under this chapter. The | ||
authority 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. | ||
(j) If a person subject to registration under this chapter | ||
is released from a penal institution without being released to | ||
parole or placed on any other form of supervision and does not move | ||
to the residence indicated on the registration form as the person's | ||
intended residence, the person shall, not later than the seventh | ||
day after the date on which the person is released: | ||
(1) report in person to the following local law | ||
enforcement authorities and provide those authorities with the | ||
address of the person's temporary residence or, if applicable, a | ||
detailed description of the geographical location of the person's | ||
temporary residence: | ||
(A) the local law enforcement authority for the | ||
municipality or county, as applicable, in which the person actually | ||
resides; and | ||
(B) the local law enforcement authority for the | ||
person's intended residence; and | ||
(2) unless the person has otherwise complied with the | ||
requirements of Article 62.055, continue to report, in the manner | ||
required by Subdivision (1), to those authorities not less than | ||
once in each 14-day period during any period in which the person has | ||
not moved to the intended residence and provide those authorities | ||
with the address of the person's temporary residence or, if | ||
applicable, a detailed description of the geographical location of | ||
the person's temporary residence. | ||
(k) A person required to register under this chapter may not | ||
refuse or otherwise fail to provide any information required for | ||
the accurate completion of the registration form. | ||
SECTION 3. Article 62.053(a), Code of Criminal Procedure, | ||
is 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 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 or not later than [ |
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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 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 applicable entities as required by Article | ||
62.051(h) or (j) or 62.055(e) [ |
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(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 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, if applicable, a detailed | ||
description of each geographical location where the person expects | ||
to reside on the person's release and other registration | ||
information, including a photograph and complete set of | ||
fingerprints; and | ||
(4) complete the registration form for the person. | ||
SECTION 4. The heading to Article 62.055, Code of Criminal | ||
Procedure, is amended to read as follows: | ||
Art. 62.055. CHANGE OF ADDRESS; LACK OF ADDRESS. | ||
SECTION 5. Article 62.055, Code of Criminal Procedure, is | ||
amended by adding Subsection (i) to read as follows: | ||
(i) If a person required to register under this chapter | ||
resides for more than seven days at a location or locations to which | ||
a physical address has not been assigned by a governmental entity, | ||
the person, not less than once in each 14-day period, shall confirm | ||
the person's location or locations by: | ||
(1) reporting to the local law enforcement authority | ||
in the municipality where the person resides or, if the person does | ||
not reside in a municipality, the local law enforcement authority | ||
in the county in which the person resides; and | ||
(2) providing a detailed description of the applicable | ||
location or locations. | ||
SECTION 6. Article 13.31, Code of Criminal Procedure, as | ||
amended by this Act, applies only to an offense committed on or | ||
after the effective date of this Act. An offense committed before | ||
the effective date of this Act is covered by the law in effect when | ||
the offense was committed, and the former law is continued in effect | ||
for that purpose. For purposes of this section, an offense was | ||
committed before the effective date of this Act if any element of | ||
the offense occurred before that date. | ||
SECTION 7. The changes in law made by this Act in amending | ||
Chapter 62, Code of Criminal Procedure, apply to any person who, on | ||
or after the effective date of this Act, is required to register | ||
under that chapter, regardless of whether the offense or conduct | ||
for which the person is required to register occurs before, on, or | ||
after the effective date of this Act. | ||
SECTION 8. This Act takes effect September 1, 2009. |