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A BILL TO BE ENTITLED
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AN ACT
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relating to certain registration requirements imposed on certain |
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sex offenders. |
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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 amending Subsections (c) and (f) and adding Subsection |
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(j) to read as follows: |
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(c) The registration form shall require: |
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(1) the person's full name, including each alias, the |
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person's date of birth, sex, race, height, weight, eye color, hair |
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color, social security number, driver's license number, and shoe |
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size, and the [home] address at which the person resides or intends |
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to reside or, if the person does not reside or intend to reside at a |
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physical address, a detailed description of the geographical |
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location at which the person resides or intends to reside; |
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(2) a recent color photograph or, if possible, an |
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electronic digital image of the person and a complete set of the |
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person's fingerprints; |
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(3) the type of offense the person was convicted of, |
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the age of the victim, the date of conviction, and the punishment |
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received; |
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(4) an indication as to whether the person is |
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discharged, paroled, or released on juvenile probation, community |
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supervision, or mandatory supervision; |
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(5) an indication of each license, as defined by |
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Article 62.005(g), that is held or sought by the person; |
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(6) an indication as to whether the person is or will |
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be employed, carrying on a vocation, or a student at a particular |
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public or private institution of higher education in this state or |
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another state, and the name and address of that institution; and |
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(7) any other information required by the department. |
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(f) Not later than the seventh day after the date on which |
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the person is released, a [A] person for whom registration is |
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completed under this chapter shall report to the applicable local |
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law enforcement authority to verify the information in the |
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registration form received by the authority under this chapter. The |
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authority shall require the person to produce proof of the person's |
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identity and residence before the authority gives the registration |
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form to the person for verification. If the information in the |
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registration form is complete and accurate, the person shall verify |
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registration by signing the form. If the information is not |
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complete or not accurate, the person shall make any necessary |
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additions or corrections before signing the form. |
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(j) If a person subject to registration under this chapter |
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is released from a penal institution without being released to |
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parole or placed on any other form of supervision and does not move |
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to the residence indicated on the registration form as the person's |
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intended residence, the person shall, not later than the seventh |
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day after the date on which the person is released: |
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(1) report in person or by telephone to the applicable |
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local law enforcement authority for the person's intended residence |
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and provide the authority with the address of the person's |
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temporary residence or, if applicable, a detailed description of |
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the geographical location of the person's temporary residence; and |
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(2) unless the person has otherwise complied with the |
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requirements of Article 62.055, continue to report, in the manner |
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required by Subdivision (1), to that authority not less than weekly |
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during any period in which the person has not moved to the intended |
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residence and provide the authority with the address of the |
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person's temporary residence or, if applicable, a detailed |
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description of the geographical location of the person's temporary |
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residence. |
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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 |
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after the date on which the person is released or after the date on |
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which the person moves from a previous residence to a new residence |
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in 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 |
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must register or verify registration with the local law |
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enforcement authority in the municipality or county in which the |
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person intends to reside; |
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(B) not later than the seventh day after the date |
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on which the person is released or the date on which the person |
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moves from a previous residence to a new residence in this state, |
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the person must, if the person has not moved to an intended |
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residence, report to the applicable entities as required by Article |
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62.051(h) or (j) or 62.055(e) [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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(C) not later than the seventh day before the |
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date on which the person moves to a new residence in this state or |
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another state, the person must report in person to the local law |
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enforcement authority designated as the person's primary |
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registration authority by the department and to the juvenile |
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probation officer, community supervision and corrections |
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department officer, or parole officer supervising the person; |
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(D) not later than the 10th day after the date on |
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which the person arrives in another state in which the person |
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intends to reside, the person must register with the law |
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enforcement agency that is identified by the department as the |
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agency designated by that state to receive registration |
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information, if the other state has a registration requirement for |
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sex offenders; |
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(E) not later than the 30th day after the date on |
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which the person is released, the person must apply to the |
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department in person for the issuance of an original or renewal |
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driver's license or personal identification certificate and a |
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failure to apply to the department as required by this paragraph |
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results in the automatic revocation of any driver's license or |
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personal identification certificate issued by the department to the |
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person; and |
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(F) the person must notify appropriate entities |
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of any change in status as described by Article 62.057; |
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(2) require the person to sign a written statement |
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that the 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 or, if applicable, a detailed |
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description of the geographical location where the person expects |
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to reside on the person's release and other registration |
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information, including a photograph and complete set of |
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fingerprints; and |
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(4) complete the registration form for the person. |
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SECTION 3. The heading to Article 62.055, Code of Criminal |
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Procedure, is amended to read as follows: |
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Art. 62.055. CHANGE OF ADDRESS; LACK OF ADDRESS. |
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SECTION 4. Article 62.055, Code of Criminal Procedure, is |
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amended by adding Subsection (i) to read as follows: |
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(i) If a person required to register under this chapter |
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establishes residency at a location to which a physical address has |
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not been assigned by a governmental entity, the person, not less |
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than once in each seven-day period, shall confirm the person's |
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residency by: |
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(1) reporting to the local law enforcement authority |
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in the municipality where the person resides or, if the person does |
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not reside in a municipality, the local law enforcement authority |
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in the county in which the person resides; and |
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(2) providing a detailed description of the |
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geographical location of the residence. |
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SECTION 5. The changes in law made by this Act in amending |
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Chapter 62, Code of Criminal Procedure, apply to any person who, on |
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or after the effective date of this Act, is required to register |
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under that chapter, regardless of whether the offense or conduct |
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for which the person is required to register occurs before, on, or |
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after the effective date of this Act. |
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SECTION 6. This Act takes effect September 1, 2009. |