|
|
|
A BILL TO BE ENTITLED
|
|
AN ACT
|
|
relating to treatment and registration of juveniles adjudicated for |
|
a sexual offense. |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
SECTION 1. Article 62.001, Chapter 62, Code of Criminal |
|
Procedure, is amended by amending Subdivisions (5) and (10) and |
|
adding Subdivision (5-a) to read as follows: |
|
(5) "Reportable conviction [or adjudication]" means a |
|
conviction [or adjudication, including an adjudication of
|
|
delinquent conduct] or a deferred adjudication, that, regardless of |
|
the pendency of an appeal, is a conviction for or [an adjudication
|
|
for or] based on: |
|
(A) a violation of Section 21.02 (Continuous |
|
sexual abuse of young child or children), 21.11 (Indecency with a |
|
child), 22.011 (Sexual assault), 22.021 (Aggravated sexual |
|
assault), or 25.02 (Prohibited sexual conduct), Penal Code; |
|
(B) a violation of Section 43.05 (Compelling |
|
prostitution), 43.25 (Sexual performance by a child), or 43.26 |
|
(Possession or promotion of child pornography), Penal Code; |
|
(B-1) a violation of Section 43.02 |
|
(Prostitution), Penal Code, if the offense is punishable under |
|
Subsection (c)(3) of that section; |
|
(C) a violation of Section 20.04(a)(4) |
|
(Aggravated kidnapping), Penal Code, if the actor committed the |
|
offense or engaged in the conduct with intent to violate or abuse |
|
the victim sexually; |
|
(D) a violation of Section 30.02 (Burglary), |
|
Penal Code, if the offense or conduct is punishable under |
|
Subsection (d) of that section and the actor committed the offense |
|
or engaged in the conduct with intent to commit a felony listed in |
|
Paragraph (A) or (C); |
|
(E) a violation of Section 20.02 (Unlawful |
|
restraint), 20.03 (Kidnapping), or 20.04 (Aggravated kidnapping), |
|
Penal Code, if, as applicable: |
|
(i) the judgment in the case contains an |
|
affirmative finding under Article 42.015; or |
|
(ii) the order in the hearing or the papers |
|
in the case contain an affirmative finding that the victim or |
|
intended victim was younger than 17 years of age; |
|
(F) the second violation of Section 21.08 |
|
(Indecent exposure), Penal Code, but not if the second violation |
|
results in a deferred adjudication; |
|
(G) an attempt, conspiracy, or solicitation, as |
|
defined by Chapter 15, Penal Code, to commit an offense or engage in |
|
conduct listed in Paragraph (A), (B), (C), (D), (E), or (K); |
|
(H) a violation of the laws of another state, |
|
federal law, the laws of a foreign country, or the Uniform Code of |
|
Military Justice for or based on the violation of an offense |
|
containing elements that are substantially similar to the elements |
|
of an offense listed under Paragraph (A), (B), (B-1), (C), (D), (E), |
|
(G), (J), or (K), but not if the violation results in a deferred |
|
adjudication; |
|
(I) the second violation of the laws of another |
|
state, federal law, the laws of a foreign country, or the Uniform |
|
Code of Military Justice for or based on the violation of an offense |
|
containing elements that are substantially similar to the elements |
|
of the offense of indecent exposure, but not if the second violation |
|
results in a deferred adjudication; |
|
(J) a violation of Section 33.021 (Online |
|
solicitation of a minor), Penal Code; or |
|
(K) a violation of Section 20A.02(a)(3), (4), |
|
(7), or (8) (Trafficking of persons), Penal Code. |
|
(5-a) "Reportable adjudication" has the meaning |
|
assigned by Section 54A.01(2), Family Code. |
|
(10) "Extrajurisdictional registrant" means a person |
|
who: |
|
(A) is required to register as a sex offender |
|
under: |
|
(i) the laws of another state with which the |
|
department has entered into a reciprocal registration agreement; |
|
(ii) federal law or the Uniform Code of |
|
Military Justice; or |
|
(iii) the laws of a foreign country; and |
|
(B) is not otherwise required to register under |
|
this chapter because: |
|
(i) the person does not have a reportable |
|
conviction for an offense under the laws of the other state, federal |
|
law, the laws of the foreign country, or the Uniform Code of |
|
Military Justice containing elements that are substantially |
|
similar to the elements of an offense requiring registration under |
|
this chapter[; or
|
|
(ii)
the person does not have a reportable
|
|
adjudication of delinquent conduct based on a violation of an
|
|
offense under the laws of the other state, federal law, or the laws
|
|
of the foreign country containing elements that are substantially
|
|
similar to the elements of an offense requiring registration under
|
|
this chapter]. |
|
SECTION 2. Article 62.002, Chapter 62, Code of Criminal |
|
Procedure, is amended to read as follows: |
|
Art. 62.002. APPLICABILITY OF CHAPTER. (a) This chapter |
|
applies only to a reportable conviction [or adjudication] occurring |
|
on or after September 1, 1970 or an order to register under Chapter |
|
54A, Family Code. |
|
(b) Except as provided by Subsection (c), the duties imposed |
|
on a person required to register under this chapter on the basis of |
|
a reportable conviction or order to register under Chapter 54A, |
|
Family Code [adjudication], and the corresponding duties and powers |
|
of other entities in relation to the person required to register on |
|
the basis of that conviction, or order to register under Chapter |
|
54A, Family Code [adjudication], are not affected by: |
|
(1) an appeal of the conviction or of the reportable |
|
adjudication the subject of an order to register under Chapter 54A, |
|
Family Code; or |
|
(2) a pardon of the conviction or of the reportable |
|
adjudication the subject of an order to register under Chapter 54A. |
|
(c) If a conviction or reportable adjudication the subject |
|
of an order to register under Chapter 54A, Family Code |
|
[adjudication] that is the basis of a duty to register under this |
|
chapter is set aside on appeal by a court or if the person required |
|
to register under this chapter on the basis of a conviction or |
|
reportable adjudication the subject of an order to register under |
|
Chapter 54A, Family Code receives a pardon on the basis of |
|
subsequent proof of innocence, the duties imposed on the person by |
|
this chapter and the corresponding duties and powers of other |
|
entities in relation to the person are terminated. |
|
SECTION 3. Article 62.005, Chapter 62, Code of Criminal |
|
Procedure is amended by amending Subsection (b) to read as follows: |
|
(b) The information contained in the database, including |
|
the numeric risk level assigned to a person under this chapter, is |
|
public information, with the exception of any information: |
|
(1) regarding the person's social security number or |
|
driver's license number, or any home, work, or cellular telephone |
|
number of the person; |
|
(2) that is described by Article 62.051(c)(7) or |
|
required by the department under Article 62.051(c)(8), including |
|
any information regarding an employer's name, address, or telephone |
|
number; [or] |
|
(3) that would identify the victim of the offense for |
|
which the person is subject to registration; or |
|
(4) that pertains to a person whose duty to register |
|
results from an order to register under Chapter 54A, Family Code. |
|
SECTION 4. Article 62.007, Chapter 62, Code of Criminal |
|
Procedure is amended by amending Subsection (g) to read as follows: |
|
(g) The numeric risk level assigned to a person required to |
|
register on the basis of a reportable conviction, using the sex |
|
offender screening tool described by this article is not |
|
confidential and is subject to disclosure under Chapter 552, |
|
Government Code. |
|
SECTION 5. Article 62.051, Chapter 62, Code of Criminal |
|
Procedure is amended by amending Subsections (a) and (i) to read as |
|
follows: |
|
Art. 62.051. REGISTRATION: GENERAL. (a) A person who has a |
|
reportable conviction or has been ordered to register under Chapter |
|
54A, Family Code [adjudication] or who is required to register as a |
|
condition of parole, release to mandatory supervision, or community |
|
supervision shall register or, if the person is a person for whom |
|
registration is completed under this chapter, verify registration |
|
as provided by Subsection (f), with the local law enforcement |
|
authority in any municipality where the person resides or intends |
|
to reside for more than seven days. If the person does not reside or |
|
intend to reside in a municipality, the person shall register or |
|
verify registration in any county where the person resides or |
|
intends to reside for more than seven days. The person shall |
|
satisfy the requirements of this subsection not later than the |
|
later of: |
|
(1) the seventh day after the person's arrival in the |
|
municipality or county; or |
|
(2) the first date the local law enforcement authority |
|
of the municipality or county by policy allows the person to |
|
register or verify registration, as applicable. |
|
(i) If the other state has a registration requirement for |
|
sex offenders, a person who has a reportable conviction, or |
|
reportable adjudication, who resides in this state, and who is |
|
employed, carries on a vocation, or is a student in another state |
|
shall, not later than the 10th day after the date on which the |
|
person begins to work or attend school in the other state, register |
|
with the law enforcement authority that is identified by the |
|
department as the authority designated by that state to receive |
|
registration information. If the person is employed, carries on a |
|
vocation, or is a student at a public or private institution of |
|
higher education in the other state and if an authority for campus |
|
security exists at the institution, the person shall also register |
|
with that authority not later than the 10th day after the date on |
|
which the person begins to work or attend school. |
|
SECTION 6. Article 62.052, Chapter 62, Code of Criminal |
|
Procedure is amended by amending Subsection (a) to read as follows: |
|
Art. 62.052. REGISTRATION: EXTRAJURISDICTIONAL |
|
REGISTRANTS. (a) An extrajurisdictional registrant is required to |
|
comply with the annual verification requirements of Article 62.058 |
|
in the same manner as a person who is required to verify |
|
registration on the basis of a reportable conviction or an order to |
|
register under Chapter 54A, Family Code [adjudication]. |
|
SECTION 7. Article 62.053, Chapter 62, Code of Criminal |
|
Procedure, is amended by amending Subsections (a) and (d) to read as |
|
follows: |
|
Art. 62.053. PRERELEASE NOTIFICATION. (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 Juvenile Justice Department 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 the first date the 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 entity or entities as required |
|
by Article 62.051(h) or (j) or 62.055(e); |
|
(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; |
|
(F) the person must notify appropriate entities |
|
of any change in status as described by Article 62.057; and |
|
(G) certain types of employment are prohibited |
|
under Article 62.063 for a person with a reportable conviction [or
|
|
adjudication for a sexually violent offense] involving a victim |
|
younger than 14 years of age occurring on or after September 1, |
|
2013; |
|
(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. |
|
(d) If a person who has a reportable conviction described by |
|
Article 62.001(5)(H) or (I) is placed under the supervision of the |
|
parole division of the Texas Department of Criminal Justice or a |
|
community supervision and corrections department under Section |
|
510.017, Government Code, the division or community supervision and |
|
corrections department shall conduct the prerelease notification |
|
and registration requirements specified in this article on the date |
|
the person is placed under the supervision of the division or |
|
community supervision and corrections department. If a person who |
|
is required to register under Chapter 54A, Family Code [has a
|
|
reportable adjudication of delinquent conduct described by Article
|
|
62.001(5)(H) or (I)] is[, as permitted by Section 60.002, Family
|
|
Code,] placed under the supervision of the Texas Juvenile Justice |
|
Department [Youth Commission], a public or private vendor operating |
|
under contract with the Texas Juvenile Justice Department [Youth
|
|
Commission], a local juvenile probation department, or a juvenile |
|
secure pre-adjudication or post-adjudication facility, the |
|
commission, vendor, probation department, or facility shall |
|
conduct the prerelease notification and registration requirements |
|
specified in this article on the date the person is placed under the |
|
supervision of the commission, vendor, probation department, or |
|
facility. |
|
SECTION 8. Article 62.054, Chapter 62, Code of Criminal |
|
Procedure, is amended to read as follows: |
|
Art. 62.054. CIRCUMSTANCES REQUIRING NOTICE TO |
|
SUPERINTENDENT OR SCHOOL ADMINISTRATOR. (a) A local law |
|
enforcement authority shall provide notice to the superintendent |
|
and each administrator under Article 62.053(e) or 62.055(f) only |
|
if: |
|
(1) the victim was at the time of the offense a child |
|
younger than 17 years of age or a student enrolled in a public or |
|
private secondary school; |
|
(2) the person subject to registration is a student |
|
enrolled in a public or private secondary school; or |
|
(3) the basis on which the person is subject to |
|
registration is a conviction, a deferred adjudication, or an order |
|
to register under Chapter 54A, Family Code [adjudication of
|
|
delinquent conduct] for an offense under Section 43.25 or 43.26, |
|
Penal Code, or an offense under the laws of another state, federal |
|
law, or the Uniform Code of Military Justice that contains elements |
|
substantially similar to the elements of an offense under either of |
|
those sections. |
|
(b) A local law enforcement authority may not provide notice |
|
to the superintendent or any administrator under Article 62.053(e) |
|
or 62.055(f) if the basis on which the person is subject to |
|
registration is a conviction, a deferred adjudication, or an order |
|
to register under Chapter 54A, Family Code [adjudication of
|
|
delinquent conduct] for an offense under Section 25.02, Penal Code, |
|
or an offense under the laws of another state, federal law, or the |
|
Uniform Code of Military Justice that contains elements |
|
substantially similar to the elements of an offense under that |
|
section. |
|
SECTION 9. Article 62.056, Chapter 62, Code of Criminal |
|
Procedure, is amended by amending Subsection (c) to read as |
|
follows: |
|
(c) The department shall establish procedures for a person |
|
with respect to whom notice is provided under Subsection (a), other |
|
than a person subject to registration on the basis of an order to |
|
register under Chapter 54A, Family Code [adjudication of delinquent
|
|
conduct], to pay to the department all costs incurred by the |
|
department in providing the notice. The person shall pay those |
|
costs in accordance with the procedures established under this |
|
subsection. |
|
SECTION 10. Article 62.062, Chapter 62, Code of Criminal |
|
Procedure, is amended to read as follows: |
|
Art. 62.062. LIMITATION ON NEWSPAPER PUBLICATION. A [(a)
|
|
Except as provided by Subsection (b), a] local law enforcement |
|
authority may not publish notice in a newspaper or other periodical |
|
or circular concerning a person's registration under this chapter |
|
if the only basis on which the person is subject to registration is |
|
an order to register under Chapter 54A, Family Code [one or more
|
|
adjudications of delinquent conduct.
|
|
(b)
This article does not apply to a publication of notice
|
|
under Article 62.056.
|
|
SECTION 11. Article 62.063, Chapter 62, Code of Criminal |
|
Procedure, is amended by amending Subsections (b) to read as |
|
follows: |
|
Text of subsection effective on January 01, 2017 |
|
(b) A person subject to registration under this chapter |
|
because of a reportable conviction [or adjudication] for which an |
|
affirmative finding is entered under Article 42.015(b) or |
|
42A.105(a), as appropriate, may not, for compensation: |
|
(1) operate or offer to operate a bus; |
|
(2) provide or offer to provide a passenger taxicab or |
|
limousine transportation service; |
|
(3) provide or offer to provide any type of service in |
|
the residence of another person unless the provision of service |
|
will be supervised; or |
|
(4) operate or offer to operate any amusement ride. |
|
SECTION 12. Article 62.101, Chapter 62, Code of Criminal |
|
Procedure, is amended by amending Subsections (a), and (c) and |
|
adding Subsection (d) to read as follows: |
|
Art. 62.101. EXPIRATION OF DUTY TO REGISTER. (a) Except as |
|
provided by Subsection (b) and Subchapter I, the duty to register |
|
for a person ends when the person dies if the person has a |
|
reportable conviction [or adjudication, other than an adjudication
|
|
of delinquent conduct,] for: |
|
(1) a sexually violent offense; |
|
(2) an offense under Section 20A.02(a)(3), (4), (7), |
|
or (8), 25.02, 43.05(a)(2), or 43.26, Penal Code; |
|
(3) an offense under Section 21.11(a)(2), Penal Code, |
|
if before or after the person is convicted or adjudicated for the |
|
offense under Section 21.11(a)(2), Penal Code, the person receives |
|
or has received another reportable conviction [or adjudication,
|
|
other than an adjudication of delinquent conduct,] for an offense |
|
or conduct that requires registration under this chapter; |
|
(4) an offense under Section 20.02, 20.03, or 20.04, |
|
Penal Code, if: |
|
(A) the judgment in the case contains an |
|
affirmative finding under Article 42.015 or, for a deferred |
|
adjudication, the papers in the case contain an affirmative finding |
|
that the victim or intended victim was younger than 17 years of age; |
|
and |
|
(B) before or after the person is convicted or |
|
adjudicated for the offense under Section 20.02, 20.03, or 20.04, |
|
Penal Code, the person receives or has received another reportable |
|
conviction [or adjudication, other than an adjudication of
|
|
delinquent conduct,] for an offense or conduct that requires |
|
registration under this chapter; or |
|
(5) an offense under Section 43.23, Penal Code, that |
|
is punishable under Subsection (h) of that section. |
|
(c) Except as provided by Subchapter I, the duty to register |
|
for a person with a reportable conviction [or adjudication] for an |
|
offense other than an offense described by Subsection (a) ends[:
|
|
(1)
if the person's duty to register is based on an
|
|
adjudication of delinquent conduct, on the 10th anniversary of the
|
|
date on which the disposition is made or the person completes the
|
|
terms of the disposition, whichever date is later; or
|
|
(2)
if the person's duty to register is based on a
|
|
conviction or on an order of deferred adjudication,] on the 10th |
|
anniversary of the date on which the court dismisses the criminal |
|
proceedings against the person and discharges the person, the |
|
person is released from a penal institution, or the person |
|
discharges community supervision, whichever date is later. |
|
(d) Except as provided by Chapter 54A, the duty to register |
|
for a person ordered to register under Chapter 54A, Family Code, |
|
ends on the 5th anniversary of the date on which the disposition |
|
order is entered or the person completes the terms of the |
|
disposition, whichever is later. |
|
SECTION 13. Article 62.152, Chapter 62, Code of Criminal |
|
Procedure, is amended by amending Subsections (a) and (e) to read as |
|
follows: |
|
Art. 62.152. REGISTRATION OF CERTAIN WORKERS OR STUDENTS. |
|
(a) A person is subject to this subchapter and, except as otherwise |
|
provided by this article, to the other subchapters of this chapter |
|
if the person: |
|
(1) has a reportable conviction or is ordered to |
|
register under Chapter 54A, Family Code [adjudication]; |
|
(2) resides in another state; and |
|
(3) is employed, carries on a vocation, or is a student |
|
in this state. |
|
(e) Notwithstanding Subsection (a), this article does not |
|
apply to a person who has a reportable conviction [or
|
|
adjudication], who resides in another state, and who is employed, |
|
carries on a vocation, or is a student in this state if the person |
|
establishes another residence in this state to work or attend |
|
school in this state. However, that person remains subject to the |
|
other articles of this chapter based on that person's residence in |
|
this state. |
|
SECTION 14. Article 62.301, Chapter 62, Code of Criminal |
|
Procedure, is amended by amending Subsection (b) to read as |
|
follows: |
|
Text of subsection effective on January 01, 2017 |
|
(b) A person is eligible to petition the court as described |
|
by Subsection (a) if: |
|
(1) the person is required to register only as a result |
|
of a single reportable conviction [or adjudication, other than an
|
|
adjudication of delinquent conduct]; and |
|
(2) the court has entered in the appropriate judgment |
|
or has filed with the appropriate papers a statement of an |
|
affirmative finding described by Article 42.017 or 42A.105(c). |
|
SECTION 15. Article 62.402, Chapter 62, Code of Criminal |
|
Procedure, is amended by amending Subsections (a), (b), and (c) to |
|
read as follows: |
|
Art. 62.401. DEFINITION. In this subchapter, "council" |
|
means the Council on Sex Offender Treatment. |
|
Art. 62.402. DETERMINATION OF MINIMUM REQUIRED |
|
REGISTRATION PERIOD. (a) The department by rule shall determine |
|
the minimum required registration period under federal law for each |
|
reportable conviction under this chapter, or reportable |
|
adjudication the basis for an order to register under Chapter 54A, |
|
Family Code [under this chapter]. |
|
(b) After determining the minimum required registration |
|
period for each reportable conviction or reportable adjudication |
|
under Subsection (a), the department shall compile and publish a |
|
list of reportable convictions, and shall compile a nonpublic list |
|
of [or] reportable adjudications the subject of an order to |
|
register under Chapter 54A for which a person must register under |
|
this chapter for a period that exceeds the minimum required |
|
registration period under federal law. |
|
(c) To the extent possible, the department shall |
|
periodically verify with the United States Department of Justice's |
|
Office of Sex Offender Sentencing, Monitoring, Apprehending, |
|
Registering, and Tracking or another appropriate federal agency or |
|
office the accuracy of the list of reportable convictions or |
|
reportable adjudications described by Subsection (b). |
|
SECTION 16. Article 62.403, Chapter 62, Code of Criminal |
|
Procedure, is amended by amending Subsections (a) and (b) to read as |
|
follows: |
|
Art. 62.403. INDIVIDUAL RISK ASSESSMENT. (a) The council |
|
by rule shall establish, develop, or adopt an individual risk |
|
assessment tool or a group of individual risk assessment tools |
|
that: |
|
(1) evaluates the criminal history of a person |
|
required to register under this chapter; and |
|
(2) seeks to predict: |
|
(A) the likelihood that the person will engage in |
|
criminal activity that may result in the person receiving a second |
|
or subsequent reportable [adjudication or] conviction; and |
|
(B) the continuing danger, if any, that the |
|
person poses to the community. |
|
(b) On the written request of a person with a single |
|
reportable [adjudication or] conviction that appears on the list |
|
published under Article 62.402(b), the council shall: |
|
(1) evaluate the person using the individual risk |
|
assessment tool or group of individual risk assessment tools |
|
established, developed, or adopted under Subsection (a); and |
|
(2) provide to the person a written report detailing |
|
the outcome of an evaluation conducted under Subdivision (1). |
|
SECTION 17. Article 62.404, Chapter 62, Code of Criminal |
|
Procedure, is amended by amending Subsections (a) and (b) to read as |
|
follows: |
|
Art. 62.404. MOTION FOR EARLY TERMINATION. (a) A person |
|
required to register under this chapter who has requested and |
|
received an individual risk assessment under Article 62.403 may |
|
file with the trial court that sentenced the person for the |
|
reportable conviction [or adjudication] a motion for early |
|
termination of the person's obligation to register under this |
|
chapter. |
|
(b) A motion filed under this article must be accompanied |
|
by: |
|
(1) a written explanation of how the reportable |
|
conviction [or adjudication] giving rise to the movant's |
|
registration under this chapter qualifies as a reportable |
|
conviction [or adjudication] that appears on the list published |
|
under Article 62.402(b); and |
|
(2) a certified copy of a written report detailing the |
|
outcome of an individual risk assessment evaluation conducted under |
|
Article 62.403(b)(1). |
|
SECTION 18. Article 62.405, Chapter 62, Code of Criminal |
|
Procedure, is amended by amending Subsection (b) to read as |
|
follows: |
|
(b) The court may not grant a motion filed under Article |
|
62.404 if: |
|
(1) the motion is not accompanied by the documents |
|
required under Article 62.404(b); or |
|
(2) the court determines that the reportable |
|
conviction [or adjudication] for which the movant is required to |
|
register under this chapter is not a reportable conviction [or
|
|
adjudication] for which the movant is required to register for a |
|
period that exceeds the minimum required registration period under |
|
federal law. |
|
SECTION 19. Article 62.408, Chapter 62, Code of Criminal |
|
Procedure, is amended to read as follows: |
|
Art. 62.408. NONAPPLICABILITY. This subchapter does not |
|
apply to a person without a reportable conviction [or adjudication] |
|
who is required to register as a condition of parole, release to |
|
mandatory supervision, or community supervision. |
|
SECTION 20. Section 37.302, Education Code, is amended by |
|
amending Subdivision (2) to read as follows: |
|
Sec. 37.302. Applicability. |
|
This subchapter: |
|
(1) applies to a student who is required to register as a sex |
|
offender under Chapter 54A, Family Code or Chapter 62, Code of |
|
Criminal Procedure; and |
|
(2) does not apply to a student who is no longer required to |
|
register as a sex offender under Chapter 54A, Family Code or Chapter |
|
62, Code of Criminal Procedure[, including a student who receives
|
|
an exemption from registration under Subchapter H, Chapter 62, Code
|
|
of Criminal Procedure, or a student who receives an early
|
|
termination of the obligation to register under Subchapter I,
|
|
Chapter 62, Code of Criminal Procedure]. |
|
SECTION 21. Section 37.303, Education Code, is amended to |
|
read as follows: |
|
Sec. 37.303. REMOVAL OF REGISTERED SEX OFFENDER FROM |
|
REGULAR CLASSROOM. |
|
Notwithstanding any provision of Subchapter A, on receiving |
|
notice under Article 15.27, Code of Criminal Procedure, or Chapter |
|
62, Code of Criminal Procedure, that a student is required to |
|
register as a sex offender under that chapter, a school district may |
|
[shall] remove the student from the regular classroom and determine |
|
the appropriate placement of the student in the manner provided by |
|
this subchapter. |
|
SECTION 22. Section 37.305, Education Code, is redesignated |
|
as Section 37.304, Education Code and amended to read as follows: |
|
Sec. 37.304 [37.305]. PLACEMENT OF REGISTERED SEX OFFENDER |
|
[WHO IS NOT UNDER COURT SUPERVISION]. |
|
A school district may place a student to whom this subchapter |
|
applies [and who is not under any form of court supervision] in the |
|
appropriate alternative education program as provided by Section |
|
37.309 for one semester or in the regular classroom. The district |
|
may not place the student in the regular classroom if the district |
|
board of trustees determines that the student's presence in the |
|
regular classroom: (1) threatens the safety of other students or |
|
teachers; |
|
(2) will be detrimental to the educational process; or |
|
(3) is not in the best interests of the district's students. |
|
SECTION 23. Section 37.306, Education Code, is redesignated |
|
as Section 37.305, Education Code and amended by amending |
|
Subsection (a) to read as follows: |
|
Sec. 37.305 [37.306]. REVIEW OF PLACEMENT IN ALTERNATIVE |
|
EDUCATION PROGRAM. |
|
(a) At the end of the first semester of a student's |
|
placement in an alternative education program under Section 37.304 |
|
[or 37.305], the school district board of trustees shall convene a |
|
committee to review the student's placement in the alternative |
|
education program. The committee must be composed of: (1) a |
|
classroom teacher from the campus to which the student would be |
|
assigned were the student not placed in an alternative education |
|
program; |
|
(2) the student's parole or probation officer or, in the |
|
case of a student who does not have a parole or probation officer, a |
|
representative of the local juvenile probation department; |
|
(3) an instructor from the alternative education program to |
|
which the student is assigned; |
|
(4) a school district designee selected by the board of |
|
trustees; and |
|
(5) a school counselor employed by the school district. |
|
SECTION 24. Section 37.307, Education Code, is redesignated |
|
as Section 37.306, Education Code and amended by amending |
|
Subsection (b) to read as follows: |
|
Sec. 37.306 [37.307]. PLACEMENT AND REVIEW OF STUDENT WITH |
|
DISABILITY. |
|
(b) The review under Section 37.305 [37.306] of the |
|
placement of a student with a disability who receives special |
|
education services may be made only by a duly constituted |
|
admission, review, and dismissal committee. The admission, review, |
|
and dismissal committee may request that the board of trustees |
|
convene a committee described by Section 37.305(a) [37.306(a)] to |
|
assist the admission, review, and dismissal committee in conducting |
|
the review. |
|
SECTION 25. Section 37.308, Education Code, is redesignated |
|
as Section 37.307, Education Code and amended to read as follows: |
|
Sec. 37.307 [37.308]. TRANSFER OF REGISTERED SEX OFFENDER. |
|
Except as provided by Section 37.304(b), a school district |
|
shall determine whether to place a student to whom this subchapter |
|
applies and who transfers to the district in the appropriate |
|
alternative education program as provided by Section 37.308 |
|
[37.309] or in a regular classroom. The school district shall |
|
follow the procedures specified under Section 37.305 [37.306] in |
|
making the determination. |
|
SECTION 26. Section 37.309, Education Code, is redesignated |
|
as Section 37.308, Education Code. |
|
SECTION 27. Section 51.073(d-1), Family Code, is amended to |
|
read as follows: |
|
(d-1) On the final transfer of a case involving a child who |
|
has been adjudicated as having committed an offense for which |
|
registration is [required] ordered under Chapter [62, Code of
|
|
Criminal Procedure] 54A, the receiving county shall have |
|
jurisdiction to conduct a hearing under that chapter. This |
|
subsection does not prohibit the receiving county juvenile court |
|
from considering the written recommendations of the sending county |
|
juvenile court. |
|
SECTION 28. Section 54.03, Family Code, is amended by |
|
adding Subsection (k) to read as follows: |
|
(k) If the court or jury found at the conclusion of the |
|
adjudication hearing that the child engaged in delinquent conduct |
|
that constitutes a reportable adjudication under Section |
|
54A.01(2), the child is not required to register as a sex offender |
|
unless there is a court order requiring registration under Chapter |
|
54A. |
|
SECTION 29. Section 54.0405, Family Code, is amended by |
|
amending Subsections (a), (b), (c), (g), and (i) and adding |
|
Subsections (j) to read as follows: |
|
Sec. 54.0405. CHILD PLACED ON PROBATION FOR CONDUCT |
|
CONSTITUTING SEXUAL OFFENSE. (a) If a court or jury makes a |
|
disposition under Section 54.04 in which a child described by |
|
Subsection (b) is placed on probation the court: |
|
(1) may require as a condition of probation that the |
|
child: |
|
(A) attend and successfully complete sex |
|
offender treatment[, psychological counseling sessions for sex
|
|
offenders] as provided by Subsection (e); and |
|
(B) submit to a polygraph examination as provided |
|
by Subsection (f) for purposes of evaluating the child's treatment |
|
progress; and |
|
(2) shall require as a condition of probation that the |
|
child[:
|
|
(A)
register under Chapter 62, Code of Criminal
|
|
Procedure; and
|
|
[(B)] submit a blood sample or other specimen to |
|
the Department of Public Safety under Subchapter G, Chapter 411, |
|
Government Code, for the purpose of creating a DNA record of the |
|
child, unless the child has already submitted the required specimen |
|
under other state law. |
|
(b) This section applies to a child placed on probation for |
|
conduct constituting an offense for which the child is ordered |
|
[required] to register as a sex offender under [this] Chapter 54A |
|
[62, Code of Criminal Procedure]. |
|
(c) Sex offender treatment [Psychological counseling] |
|
required as a condition of probation under Subsection (a) must be |
|
with an individual or organization that: |
|
(1) provides sex offender treatment [or counseling]; |
|
(2) is a sex offender treatment provider, as defined |
|
by Section 110.001(7), Occupations Code, specified by the local |
|
juvenile probation department supervising the child; and |
|
(3) meets minimum standards of sex offender treatment |
|
[counseling] established by the local juvenile probation |
|
department in accordance with guidelines established by the council |
|
on sex offender treatment providers and licensing or registry |
|
standards. |
|
(g) A court that requires [as a condition of probation] that |
|
a child attend sex offender treatment [psychological counseling] |
|
under Subsection (a) may order the parent or guardian of the child |
|
to: |
|
(1) attend four sessions of instruction with an |
|
individual or organization specified by the court relating to: |
|
(A) sexual offenses; |
|
(B) family communication skills; |
|
(C) sex offender treatment; |
|
(D) victims' rights; |
|
(E) parental supervision; and |
|
(F) appropriate sexual behavior; and |
|
(2) during the period the child attends sex offender |
|
treatment [psychological counseling], participate in monthly |
|
treatment groups conducted by the child's treatment provider |
|
relating to the child's sex offender treatment [psychological
|
|
counseling]. |
|
(i) A court that requires as a condition of probation that a |
|
child attend sex offender treatment [psychological counseling |
|
under Subsection (a) may, before the date the probation period |
|
ends, extend the probation for any additional period necessary to |
|
complete the required treatment [counseling] as determined by the |
|
treatment provider, except that the probation may not be extended |
|
to a date after the date of the child's 18th birthday, or 19th |
|
birthday if the child is placed on determinate sentence probation |
|
under Section 54.04(q). |
|
(j) A court that requires that a child attend sex offender |
|
treatment under Subsection (a) shall require the individual or |
|
organization specified by the court to promptly provide upon |
|
request by the prosecuting attorney, the child's attorney or the |
|
juvenile probation department a copy of a report that: |
|
(1) describes the treatment of the child provided by |
|
the individual or organization; and |
|
(2) states the opinion of the treatment provider |
|
whether the child would benefit from further treatment, or should |
|
be successfully or unsuccessfully discharged from further |
|
treatment. |
|
SECTION 30. Section 54.0501, Family Code, is amended by |
|
amending Subsections (g) and (h) to read as follows: |
|
(g) If the juvenile court places the child on probation for |
|
an offense for which registration as a sex offender may be ordered |
|
under Chapter 54A [is required by Chapter 62, Code of Criminal
|
|
Procedure, and defers the registration requirement until
|
|
completion of treatment for the sex offense under Subchapter H,
|
|
Chapter 62, Code of Criminal Procedure], the authority to enter |
|
orders under Chapter 54A [under that article to reexamine the need
|
|
for registration on completion of treatment] is transferred to the |
|
court to which probation is transferred. |
|
(h) If the juvenile court places the child on probation for |
|
an offense for which registration as a sex offender may be ordered |
|
under Chapter 54A [is required by Chapter 62, Code of Criminal
|
|
Procedure], and the child registers, the authority of the court to |
|
order early termination of registration [excuse further compliance
|
|
with the registration requirement] under Section 54A [Subchapter H,
|
|
Chapter 62, Code of Criminal Procedure], is transferred to the |
|
court to which probation is transferred. |
|
SECTION 31. Title 3, Family Code, is amended by adding |
|
Chapter 54A to read as follows: |
|
CHAPTER 54A. JUVENILE SEX OFFENDER REGISTRATION |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 54A.01. DEFINITIONS. In this chapter: |
|
(1) "Public or private institution of higher |
|
education" includes a college, university, community college, or |
|
technical or trade institute. |
|
(2) "Reportable adjudication" means an adjudication |
|
of delinquent conduct that, regardless of the pendency of an |
|
appeal, is an adjudication based on: |
|
(A) a violation of Section 21.02 (Continuous |
|
sexual abuse of young child or children), 21.11 (Indecency with a |
|
child), 22.011 (Sexual assault), 22.021 (Aggravated sexual |
|
assault), or 25.02 (Prohibited sexual conduct), Penal Code; |
|
(B) a violation of Section 43.05 (Compelling |
|
prostitution), 43.25 (Sexual performance by a child), or 43.26 |
|
(Possession or promotion of child pornography), Penal Code; |
|
(C) a violation of Section 20.04(a)(4) |
|
(Aggravated kidnapping), Penal Code, if the actor committed the |
|
offense or engaged in the conduct with intent to violate or abuse |
|
the victim sexually; |
|
(D) a violation of Section 30.02 (Burglary), |
|
Penal Code, if the offense or conduct is punishable under |
|
Subsection (d) of that section and the actor committed the offense |
|
or engaged in the conduct with intent to commit a felony listed in |
|
Paragraph (A) or (C); |
|
(E) the second violation of Section 21.08 |
|
(Indecent exposure), Penal Code; |
|
(F) an attempt, conspiracy, or solicitation, as |
|
defined by Chapter 15, Penal Code, to commit an offense or engage in |
|
conduct listed in Paragraph (A), (B), (C), (D), or (J); |
|
(G) a violation of the laws of another state, |
|
federal law, the laws of a foreign country for or based on the |
|
violation of an offense containing elements that are substantially |
|
similar to the elements of an offense listed under Paragraph (A), |
|
(B), (C), (D), (F), (I), or (J); |
|
(H) the second violation of the laws of another |
|
state, federal law, the laws of a foreign country for or based on |
|
the violation of an offense containing elements that are |
|
substantially similar to the elements of the offense of indecent |
|
exposure; |
|
(I) a violation of Section 33.021 (Online |
|
solicitation of a minor), Penal Code; or |
|
(J) a violation of Section 20A.02(a)(3), (4), |
|
(7), or (8) (Trafficking of persons), Penal Code. |
|
SUBCHAPTER B. JUVENILE SEX OFFENDER REGISTRATION |
|
Sec. 54A.02. MOTION AND HEARING ON SEX OFFENDER |
|
REGISTRATION. (a) After a disposition hearing for a reportable |
|
offense described in 54A.01(2), the prosecuting attorney may file a |
|
written motion requesting a hearing to require the child to |
|
register as a sex offender: |
|
(1) upon receipt of a report described in Section |
|
54.0405(j) or 245.053(j), Human Resources Code from a licensed sex |
|
offender treatment provider, as that term is defined in Section |
|
110.001(7), Occupations Code, that the child has been |
|
unsuccessfully discharged from sex offender treatment; or |
|
(2) if the child has been adjudicated to have engaged |
|
in delinquent conduct for an offense listed in Section 54A.01(2), |
|
subsequent to a prior adjudication for an offense listed in Section |
|
54A.01(2) for which the child has had an opportunity to complete |
|
court-ordered sex offender treatment. |
|
(b) A hearing under this Chapter is without a jury, and the |
|
burden of persuasion is on the prosecuting attorney to show by a |
|
preponderance of evidence that: |
|
(1) the protection of the public would be increased by |
|
registration under this section; and |
|
(2) any increase in protection of the public resulting |
|
from registration of the child clearly outweighs the anticipated |
|
substantial harm to the child and the child's family that would |
|
result from registration under this Chapter. |
|
(c) Reasonable notice of a hearing to require sex offender |
|
registration shall be given to all parties. |
|
(d) The court at the hearing shall: |
|
(1) consider all relevant evidence, including but not |
|
limited to: |
|
(i) the commission by the child of any other |
|
sexual offense listed in Section 54A.01(2); |
|
(ii) the conduct of the child in the |
|
commission of the offense or offenses which are the subject of the |
|
adjudication; |
|
(iii) any physical, mental or emotional |
|
harm to the victim as a result of the child's conduct; |
|
(iv) the age of the child at the time of the |
|
commission of the offense or offenses; and |
|
(2) make its determination based on: |
|
(i) the receipt of exhibits; |
|
(ii) the testimony of witnesses; |
|
(iii) representations of counsel for the |
|
parties; or |
|
(iv) the contents of a social history |
|
report prepared by the juvenile probation department that may |
|
include the results of testing and examination of the child by a |
|
psychologist, psychiatrist, or counselor. |
|
(e) All written matter considered by the court shall be |
|
disclosed to all parties as provided by Section 54.04(b). |
|
Sec. 54A.03. ORDER GENERALLY. (a) After a hearing under |
|
Section 54A.02, if the court determines that the protection of the |
|
public would be increased by registration under this Chapter and |
|
any increase in protection of the public resulting from |
|
registration of the child clearly outweighs the anticipated |
|
substantial harm to the child and the child's family that would |
|
result from registration under this section, the court shall enter |
|
an order requiring a child to register as a sex offender in |
|
accordance with the registration procedures set out in Chapter 62, |
|
Code of Criminal Procedure, but providing that the registration |
|
information is not public information and is restricted to use by |
|
law enforcement and criminal justice agencies, the Council on Sex |
|
Offender Treatment, the Department of Family and Protective |
|
Services, and public or private institutions of higher education |
|
and may not be posted on the internet or released to the public in |
|
any manner. |
|
(b) After a hearing under this Chapter, if the court finds |
|
the prosecuting attorney has not met its burden regarding |
|
registration, the court shall enter an order so stating and the |
|
child shall not be required to register. |
|
SUBCHAPTER C. REGISTRATION FOR CERTAIN PERSONS |
|
Sec. 54A.04. PERSONS ALREADY REGISTERED. A person who has |
|
registered under Chapter 62, Code of Criminal Procedure as a sex |
|
offender for an adjudication of delinquent conduct prior to |
|
September 1, 2017 and whose registration is on a public registry, |
|
shall be automatically removed from the public registry and that |
|
person's registration shall become nonpublic. |
|
Sec. 54A.05. MOTION, HEARING, AND ORDER CONCERNING PERSON |
|
WITH AN OUT-OF-STATE ADJUDICATION. The prosecuting attorney may |
|
file a motion requesting sex offender registration of a person with |
|
an out-of-state adjudication for an offense listed in Section |
|
54A.01(2). The motion may be filed in the juvenile court of the |
|
person's county of residence. On receipt of a motion under this |
|
subsection, the juvenile court shall conduct a hearing and make |
|
rulings as in other cases under 54A.02. |
|
SUBCHAPTER D. APPEAL OF CERTAIN ORDERS |
|
Sec. 54A.06. APPEAL OF CERTAIN ORDERS. (a) |
|
Notwithstanding Section 56.01, Family Code, on entry by a juvenile |
|
court of an order under Section 54A.03(b) or Section 54A.05(a) |
|
denying the state's motion to require registration, the prosecuting |
|
attorney may appeal that order by giving notice of appeal within the |
|
time required under Rule 26.2(b), Texas Rules of Appellate |
|
Procedure. The appeal is civil and the standard of review in the |
|
appellate court is whether the juvenile court committed procedural |
|
error or abused its discretion in exempting the person from |
|
registration under this chapter. The appeal is limited to review of |
|
the order denying the person from registration under this chapter |
|
and may not include any other issues in the case. |
|
(b) A child may under Section 56.01, Family Code, appeal a |
|
juvenile court's order under Section 54A.03(a) requiring |
|
registration in the same manner as the appeal of any other legal |
|
issue in the case. The standard of review in the appellate court is |
|
whether the juvenile court committed procedural error or abused its |
|
discretion in ordering registration. |
|
SUBCHAPTER E. EARLY TERMINATION OF OBLIGATION TO REGISTER |
|
Sec. 54A.07. DEFINITION. In this subchapter, "council" |
|
means the Council on Sex Offender Treatment. |
|
Sec. 54A.08. INDIVIDUAL RISK ASSESSMENT. (a) The council |
|
by rule shall establish, develop, or adopt an individual risk |
|
assessment tool or a group of individual risk assessment tools |
|
that: |
|
(1) evaluates the criminal history of a person |
|
required to register under this chapter; and |
|
(2) seeks to predict: |
|
(A) the likelihood that the person will engage in |
|
criminal activity that may result in the person receiving a second |
|
or subsequent reportable adjudication; and |
|
(B) the continuing danger, if any, that the |
|
person poses to the community. |
|
(b) On the written request of a person with a single |
|
reportable adjudication that appears on the nonpublic list compiled |
|
by the Department of Public Safety under Article 62.402(b), the |
|
council shall: |
|
(1) evaluate the person using the individual risk |
|
assessment tool or group of individual risk assessment tools |
|
established, developed, or adopted under Subsection (a); and |
|
(2) provide to the person a written report detailing |
|
the outcome of an evaluation conducted under Subdivision (1). |
|
Sec. 54A.09. MOTION FOR EARLY TERMINATION OF OBLIGATION TO |
|
REGISTER. A person ordered to register under this Chapter for a |
|
reportable adjudication, who has requested and received an |
|
individual risk assessment under Section 54A.08, may file a motion |
|
for early termination of the person's obligation to register under |
|
this Chapter with the juvenile court that adjudicated the person. |
|
(a) A motion filed under this section must be accompanied |
|
by: |
|
(1) A written explanation of how the reportable |
|
adjudication giving rise to the person's registration under this |
|
Chapter qualifies as a reportable adjudication; and |
|
(2) A certified copy of a written report detailing the |
|
outcome of an individual risk assessment evaluation conducted in |
|
accordance with Section 54A.08. |
|
Sec. 54A.10. HEARING ON PETITION. (a) After reviewing a |
|
motion filed with the juvenile court under Section 54A.09, the |
|
court may: |
|
(1) deny without a hearing the person's request for |
|
early termination; or |
|
(2) hold a hearing on the motion to determine whether |
|
to grant or deny the motion. |
|
(b) The court may not grant a motion filed under Section |
|
54A.09 if: |
|
(1) the motion is not accompanied by the documents |
|
required under Section 54A.09; or |
|
(2) the court determines that the reportable |
|
adjudication for which the person is ordered or required to |
|
register under this Chapter is not a reportable adjudication for |
|
which the person is required to register for a period that exceeds |
|
the minimum required registration period under federal law. |
|
Sec. 54A.11. COSTS OF INDIVIDUAL RISK ASSESSMENT AND OF |
|
COURT. A person required to register under this Chapter who files a |
|
motion for early termination of the person's registration |
|
obligation under this Chapter is responsible for and shall remit to |
|
the Council on Sex Offender Treatment and to the court, as |
|
applicable, all costs associated with and incurred by the council |
|
in providing the individual risk assessment or by the court in |
|
holding a hearing under Section 54A.10. |
|
Sec. 54A.12. EFFECT OF ORDER GRANTING EARLY TERMINATION. |
|
(a) If, after notice to the person and to the prosecuting attorney |
|
and a hearing, the court grants a motion filed under Section 54A.09 |
|
for early termination of a person's obligation to register under |
|
this Chapter, the person's obligation to register under this |
|
Chapter ends on the later of: |
|
(1) the date the court enters the order of early |
|
termination; or |
|
(2) the date the person has paid each cost described by |
|
Section 54A.11. |
|
(b) If the court grants a motion filed under Section 54A.09 |
|
for early termination of a person's obligation to register under |
|
this Chapter, all conditions of the person's parole, release to |
|
mandatory supervision, or community supervision shall be modified |
|
in accordance with the court's order. |
|
SUBCHAPTER F. CONFLICT OF LAW |
|
Sec. 54A.11 CONFLICT OF LAW. In the event of a conflict |
|
between this Chapter and a provision of Chapter 62, Government |
|
Code, the provisions of this Chapter shall prevail. |
|
SECTION 32. Section 58.003(n), Family Code is amended to |
|
read as follows: |
|
(n) A record created or maintained under Chapter 62, Code of |
|
Criminal Procedure as a result of registration based on an order |
|
issued under Chapter 54A, may not be sealed under this section if |
|
the person who is the subject of the record has a continuing |
|
obligation to register under Chapter 62, Code of Criminal Procedure |
|
[that chapter]. |
|
SECTION 33. Section 411.1473, Government Code is amended by |
|
amending Subsection (a) to read as follows: |
|
Sec. 411.1473. DNA RECORDS OF CERTAIN REGISTERED SEX |
|
OFFENDERS. (a) This section applies only to a person who is |
|
required to register under Chapter 62, Code of Criminal Procedure |
|
as a result of a reportable conviction under that Chapter or a |
|
person who is ordered to register under Chapter 54A, Family Code. |
|
SECTION 34. Section 245.053, Human Resources Code, is |
|
amended by amending Subsections (a), (b), (c), (g), and (i) and |
|
adding Subsection (j) to read as follows: |
|
Sec. 245.053. SEX OFFENDER COUNSELING AND TREATMENT. (a) |
|
Before releasing a child described by Subsection (b) under |
|
supervision, the department: |
|
(1) may require as a condition of release that the |
|
child: |
|
(A) attend and successfully complete sex |
|
offender treatment, [psychological counseling sessions for sex
|
|
offenders] as provided by Subsection (e); and |
|
(B) submit to a polygraph examination as provided |
|
by Subsection (f) for purposes of evaluating the child's treatment |
|
progress; and |
|
(2) shall require as a condition of release that the |
|
child[:
|
|
(A)
register under Chapter 62, Code of Criminal
|
|
Procedure; and
|
|
(B)] submit a blood sample or other specimen to |
|
the Department of Public Safety under Subchapter G, Chapter 411, |
|
Government Code, for the purpose of creating a DNA record of the |
|
child, unless the child has already submitted the required specimen |
|
under other state law. |
|
(b) This section applies to a child adjudicated for engaging |
|
in delinquent conduct constituting an offense for which the child |
|
is ordered [required] to register as a sex offender under Chapter |
|
54A, Family Code [62, Code of Criminal Procedure]. |
|
(c) Sex offender treatment [Psychological counseling] |
|
required as a condition of release under Subsection (a) must be with |
|
an individual or organization that: |
|
(1) provides sex offender treatment or counseling; |
|
(2) is a sex offender treatment provider, as defined |
|
by Section 110.001(7), Occupations Code, specified by the |
|
department; and |
|
(3) meets minimum standards of counseling established |
|
by the department in accordance with the guidelines established by |
|
the council on sex offender treatment providers and licensing or |
|
registry standards. |
|
(g) If the department requires as a condition of release |
|
that a child attend sex offender treatment [psychological
|
|
counseling] under Subsection (a), the department shall notify the |
|
court that committed the child to the department. After receiving |
|
notification from the department under this subsection, the court |
|
may order the parent or guardian of the child to: |
|
(1) attend four sessions of instruction with an |
|
individual or organization specified by the department relating to: |
|
(A) sexual offenses; |
|
(B) family communication skills; |
|
(C) sex offender treatment; |
|
(D) victims' rights; |
|
(E) parental supervision; and |
|
(F) appropriate sexual behavior; and |
|
(2) during the time the child attends sex offender |
|
treatment, [psychological counseling], participate in monthly |
|
treatment groups conducted by the child's treatment provider |
|
relating to the child's sex offender treatment [psychological
|
|
counseling]. |
|
(i) If the department requires as a condition of release |
|
that a child attend sex offender treatment [psychological
|
|
counseling] under Subsection (a), the department may, before the |
|
date the period of release ends, petition the appropriate court to |
|
request the court to extend the period of release for an additional |
|
period necessary to complete the required sex offender treatment |
|
[counseling] as determined by the treatment provider, except that |
|
the release period may not be extended to a date after the date of |
|
the child's 18th birthday. |
|
(j) If the department requires as a condition of release |
|
that a child attend sex offender treatment under subsection (a), |
|
the department shall require the individual or organization |
|
specified by the department to promptly provide upon request of the |
|
department, the prosecuting attorney, or the child's attorney, a |
|
copy of a report that: |
|
(1) describes the treatment of the child provided by |
|
the individual or organization; and |
|
(2) states the opinion of the treatment provider |
|
whether the child would benefit from further treatment, or should |
|
be successfully discharged from further treatment. |
|
SECTION 35. Section 110.001, Occupations Code, is amended |
|
by adding Subdivision (7-a) to read as follows: |
|
(7-a) "Sexual behavior educator/paraprofessional" |
|
means a person, licensed by the council and recognized based on |
|
training and experience to provide psychoeducational and |
|
skills-based interventions to juveniles with sexual behavior |
|
problems who have been adjudicated or referred to a state agency or |
|
a court. |
|
SECTION 36. Section 110.151, Occupations Code, is amended |
|
by amending Subdivision (3) and adding Subdivision (2-a) to read as |
|
follows: |
|
Sec. 110.151. TREATMENT FOR SEX OFFENDERS. The council |
|
shall: |
|
(1) develop treatment strategies for sex offenders by |
|
evaluating in-state and out-of-state programs for sex offender |
|
treatment; |
|
(2) set standards for treatment of sex offenders that |
|
must be met by sex offender treatment providers to be eligible for a |
|
license under this chapter; |
|
(2-a) set standards for residential programs offering |
|
treatment to juveniles with sexual behavior problems; and |
|
(3) recommend to licensing and regulatory boards and |
|
to the directors of current programs methods of improving |
|
residential programs to meet council standards. |
|
SECTION 37. Section 110.152, Occupations Code, is amended |
|
by amending Subsection (2)(A) and adding Subdivision (A-1) to read |
|
as follows: |
|
Sec. 110.152. LIST AND LICENSE REQUIREMENTS. The council |
|
shall: |
|
(1) maintain a list of sex offender treatment |
|
providers under Section 110.161; and |
|
(2) develop and implement by rule under Subchapter G: |
|
(A) topic-specific training requirements for |
|
providers working with juveniles [license requirements]; [and] |
|
(A-1) license requirements; and |
|
(B) procedures for sex offender treatment |
|
providers. |
|
SECTION 38. Section 110.157, Occupations Code, is amended |
|
to read as follows: |
|
Sec. 110.157. CONTINUING EDUCATION PROGRAMS. The council |
|
shall design and conduct continuing education programs for sex |
|
offender treatment providers. Continuing education programs shall |
|
not serve as a substitute for the training curriculum required for |
|
initial licensure. Continuing education programs shall offer |
|
topics specific for specialized populations, including juveniles, |
|
females, and individuals with developmental or intellectual |
|
disabilities. |
|
SECTION 39. Section 110.164, Occupations Code, is amended |
|
by adding Subsection (c) to read as follows: |
|
(c) The council shall develop or adopt a dynamic risk |
|
assessment tool for use as part of an assessment battery to be |
|
administered in determining that a juvenile adjudicated for a |
|
sexual offense and ordered to register under Chapter 54A, Family |
|
Code, will be subject to registration requirements. |
|
SUBCHAPTER E. INTERAGENCY ADVISORY COMMITTEE |
|
SECTION 40. Section 110.302, Occupations Code, is amended |
|
by amending Subsection (c) to read as follows: |
|
(c) The Texas Board of Criminal Justice may vote to exempt |
|
employees of the Texas Department of Criminal Justice from a |
|
specific licensing requirement imposed under this section if the |
|
board determines that the requirement causes financial or |
|
operational hardship on the agency. The Texas Juvenile Justice |
|
Department [Youth Commission] may not exempt any employee of the |
|
commission from a licensing requirement imposed by this section for |
|
any reason. |
|
(c) The governing board of the Texas Juvenile Justice |
|
Department [Youth Commission] may vote to exempt employees of the |
|
Texas Youth Commission from a specific licensing requirement |
|
imposed under this section if the board determines that the |
|
requirement causes financial or operational hardship on the agency. |
|
The Texas Board of Criminal Justice may not exempt any employee of |
|
the Texas Department of Criminal Justice from a licensing |
|
requirement imposed by this section for any reason. |
|
SECTION 41. Subchapter H, Chapter 62, Code of Criminal |
|
Procedure, is repealed. |
|
SECTION 42. Section 37.304, Education Code, as added by |
|
Acts 2007, 80th Leg., R.S., Ch. 1240 (H.B. 2532), Sec. 3, eff. June |
|
15, 2007, and as added by Acts 2007, 80th Leg., R.S., Ch. 1291 (S.B. |
|
6), Sec. 3, eff. September 1, 2007, is repealed. |
|
SECTION 43. This Act takes effect September 1, 2017. |