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A BILL TO BE ENTITLED
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AN ACT
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relating to the proximity of certain sex offenders' residences to a |
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school. |
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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; and |
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(G) if subject to the prohibition described by |
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Article 62.065, the person may not reside within 1,000 feet of the |
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premises 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) If appropriate, a local law enforcement authority that |
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provides a person with a registration form for verification as |
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required by this chapter shall include with the form a statement |
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that the person is prohibited from residing within 1,000 feet of the |
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premises of a school. |
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SECTION 3. Subchapter B, Chapter 62, Code of Criminal |
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Procedure, is amended by adding Article 62.065 to read as follows: |
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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 for |
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a sexually violent offense involving a victim younger than 17 years |
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of age may not reside within 1,000 feet of the premises of a school, |
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as measured in a direct line from the boundary of the residence to |
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the boundary of 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 apply to any |
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person who, on or after the effective date of this Act, is subject |
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to registration under Chapter 62, Code of Criminal Procedure, |
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regardless of whether the offense or conduct for which the person is |
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subject to registration occurs before, on, or after the effective |
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date of this Act. |
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SECTION 5. This Act takes effect September 1, 2009. |