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A BILL TO BE ENTITLED
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AN ACT
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relating to restrictions on the residence or location of certain |
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sex offenders and to notice reflecting that location. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. 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 must register |
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or verify registration with the local law enforcement authority in |
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the municipality or county in which the person intends to reside; |
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(B) not later than the seventh day after the date |
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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 juvenile probation officer, community |
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supervision and corrections department officer, or parole officer |
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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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(G) if the person enters the premises of a school |
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as described by Article 62.064 and is subject to the requirements of |
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that article, the person must immediately notify the administrative |
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office of the school of the person's presence on the premises of the |
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school and the person's registration status under this chapter; and |
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(H) if subject to the requirements of Article |
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62.065, the person may not reside within 2,000 feet of the premises |
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of a school; |
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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 where the person expects to |
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reside on the person's release and other registration information, |
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including a photograph and complete set of fingerprints; and |
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(4) complete the registration form for the person. |
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SECTION 2. Article 62.058, Code of Criminal Procedure, is |
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amended by adding Subsection (f) to read as follows: |
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(f) A local law enforcement authority who provides a person |
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with a registration form for verification as required by this |
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chapter shall include with the form a statement and, if applicable, |
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a description of the duties and prohibitions under Articles 62.064 |
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and 62.065. |
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SECTION 3. Subchapter B, Chapter 62, Code of Criminal |
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Procedure, is amended by adding Articles 62.064 and 62.065 to read |
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as follows: |
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Art. 62.064. ENTRY ONTO SCHOOL PREMISES; NOTICE REQUIRED. |
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(a) In this article, "school" has the meaning assigned by Section |
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481.134, Health and Safety Code. |
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(b) A person subject to registration under this chapter who |
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enters the premises of any school in this state during the standard |
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operating hours of the school shall immediately notify the |
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administrative office of the school of the person's presence on the |
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premises of the school and the person's registration status under |
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this chapter. |
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(c) The requirement of this article: |
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(1) is in addition to any requirement associated with |
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the imposition of a child safety zone on the person under Section |
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508.187 or 508.225, Government Code, Section 13B or 13D, Article |
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42.12, or other law; and |
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(2) does not apply to a student enrolled at the school. |
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Art. 62.065. PROHIBITED LOCATION OF RESIDENCE. (a) In this |
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article, "premises" and "school" have the meanings assigned by |
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Section 481.134, Health and Safety Code. |
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(b) A person subject to registration under this chapter |
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because of one or more reportable convictions or adjudications |
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involving a victim younger than 17 years of age may not reside |
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within 2,000 feet of the premises of a school, as measured in a |
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direct line from the boundary of the residence to the boundary of |
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the school premises. |
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(c) The requirement of this article is in addition to any |
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requirement associated with the imposition of a child safety zone |
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on the person under Section 508.187 or 508.225, Government Code, |
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Section 13B or 13D, Article 42.12, or other law. |
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SECTION 4. 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 subject to registration |
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under that chapter, regardless of whether the offense or conduct |
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for which the person is subject to registration occurs before, on, |
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or after the effective date of this Act. |
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SECTION 5. This Act takes effect September 1, 2009. |