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A BILL TO BE ENTITLED
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AN ACT
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relating to the imposition of a sentence of life without parole on |
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certain repeat sex offenders and to certain restrictions on |
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employment for sex offenders. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 62.053(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 Juvenile |
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Justice Department [Youth Commission] shall determine the person's |
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level of risk to the community using the sex offender screening tool |
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developed or selected under Article 62.007 and assign to the person |
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a numeric risk level of one, two, or three. Before releasing the |
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person, an 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 first date the applicable local |
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law enforcement authority by policy allows the person to register |
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or verify registration, the person must register or verify |
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registration with the local law enforcement authority in the |
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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 applicable entity or entities as required |
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by Article 62.051(h) or (j) or 62.055(e); |
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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) certain types of employment are prohibited |
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under Article 62.063 for a person with a reportable conviction or |
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adjudication occurring on or after September 1, 2013; |
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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 each 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 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 that provides to a |
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person subject to the prohibitions described by Article 62.063 a |
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registration form for verification as required by this chapter |
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shall include with the form a statement summarizing the types of |
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employment that are prohibited for that person. |
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SECTION 3. Subchapter B, Chapter 62, Code of Criminal |
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Procedure, is amended by adding Article 62.063 to read as follows: |
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Art. 62.063. PROHIBITED EMPLOYMENT. (a) In this section: |
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(1) "Amusement ride" has the meaning assigned by |
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Section 2151.002, Occupations Code. |
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(2) "Bus" has the meaning assigned by Section 541.201, |
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Transportation Code. |
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(b) A person subject to registration under this chapter may |
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not, for compensation: |
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(1) operate or offer to operate a bus; |
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(2) provide or offer to provide a passenger taxicab or |
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limousine transportation service; or |
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(3) provide or offer to provide any type of service in |
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the residence of another person. |
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(c) 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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an offense or conduct involving a victim younger than 17 years of |
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age may not operate or offer to operate any amusement ride. |
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SECTION 4. Sections 12.42(b) and (d), Penal Code, as |
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amended by Chapters 834 (H.B. 3384) and 1119 (H.B. 3), Acts of the |
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82nd Legislature, Regular Session, 2011, are reenacted to read as |
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follows: |
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(b) Except as provided by Subsection (c)(2) or (c)(4), if it |
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is shown on the trial of a felony of the second degree that the |
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defendant has previously been finally convicted of a felony other |
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than a state jail felony punishable under Section 12.35(a), on |
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conviction the defendant shall be punished for a felony of the first |
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degree. |
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(d) Except as provided by Subsection (c)(2) or (c)(4), if it |
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is shown on the trial of a felony offense other than a state jail |
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felony punishable under Section 12.35(a) that the defendant has |
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previously been finally convicted of two felony offenses, and the |
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second previous felony conviction is for an offense that occurred |
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subsequent to the first previous conviction having become final, on |
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conviction the defendant shall be punished by imprisonment in the |
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Texas Department of Criminal Justice for life, or for any term of |
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not more than 99 years or less than 25 years. A previous conviction |
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for a state jail felony punishable under Section 12.35(a) may not be |
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used for enhancement purposes under this subsection. |
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SECTION 5. Section 12.42(c)(4), Penal Code, as amended by |
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Chapters 122 (H.B. 3000) and 1119 (H.B. 3), Acts of the 82nd |
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Legislature, Regular Session, 2011, is reenacted and amended to |
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read as follows: |
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(4) Notwithstanding Subdivision (1) or (2), and except |
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as provided by Subdivision (3) for the trial of an offense under |
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Section 22.021 as described by that subdivision, a defendant shall |
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be punished by imprisonment in the Texas Department of Criminal |
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Justice for life without parole if it is shown on the trial of an |
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offense under Section 20A.03 or of a sexually violent [an] offense |
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[under Section 21.02 or 22.021] that the defendant has previously |
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been finally convicted of: |
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(A) an offense under Section 20A.03 or of a |
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sexually violent [an] offense [under Section 21.02 or 22.021]; or |
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(B) an offense that was committed under the laws |
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of another state and that contains elements that are substantially |
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similar to the elements of an offense under Section 20A.03 or of a |
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sexually violent [an] offense [under Section 21.02 or 22.021]. |
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SECTION 6. Section 12.42, Code of Criminal Procedure, is |
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amended by adding Subsection (h) to read as follows: |
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(h) In this section, "sexually violent offense" means: |
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(1) an offense under Section 21.02 (Continuous sexual |
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abuse of young child or children) or 22.021 (Aggravated sexual |
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assault); or |
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(2) any of the following offenses committed by a |
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person 17 years of age or older against a child younger than 13 |
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years of age: |
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(A) an offense under Section 20A.02(a)(7) or (8) |
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(Sex trafficking of a child), 21.11(a)(1) (Indecency with a child), |
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22.011 (Sexual assault), or 43.25 (Sexual performance by a child); |
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(B) an offense under Section 20.04(a)(4) |
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(Aggravated kidnapping), if the defendant committed the offense |
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with intent to violate or abuse the victim sexually; |
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(C) an offense under Section 30.02 (Burglary), if |
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the offense is punishable under Subsection (d) of that section and |
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the defendant committed the offense with intent to commit an |
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offense under Section 21.11(a)(2) (Indecency with a child), 25.02 |
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(Prohibited sexual conduct), or a felony listed in Paragraph (A) or |
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(B) of this subsection; or |
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(D) an offense under the laws of another state, |
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federal law, the laws of a foreign country, or the Uniform Code of |
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Military Justice, if the offense contains elements that are |
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substantially similar to the elements of an offense listed under |
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Paragraph (A), (B), or (C). |
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SECTION 7. (a) The change in law made by this Act in adding |
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Article 62.063, Code of Criminal Procedure, applies only to a |
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person who is required to register under Chapter 62, Code of |
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Criminal Procedure, on the basis of a conviction or adjudication |
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that occurs on or after the effective date of this Act. A person who |
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is required to register under Chapter 62, Code of Criminal |
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Procedure, solely on the basis of a conviction or adjudication that |
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occurs before the effective date of this Act is governed by the law |
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in effect when the conviction or adjudication occurred, and the |
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former law is continued in effect for that purpose. |
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(b) The change in law made by this Act in amending Section |
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12.42, Penal Code, applies only to an offense committed on or after |
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the effective date of this Act. An offense committed before the |
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effective date of this Act is governed by the law in effect on the |
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date the offense was committed, and the former law is continued in |
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effect for that purpose. For purposes of this section, an offense |
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was committed before the effective date of this Act if any element |
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of the offense occurred before that date. |
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SECTION 8. To the extent of any conflict, this Act prevails |
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over another Act of the 83rd Legislature, Regular Session, 2013, |
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relating to nonsubstantive additions to and corrections in enacted |
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codes. |
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SECTION 9. This Act takes effect September 1, 2013. |