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A BILL TO BE ENTITLED
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AN ACT
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relating to the registration of a person in the state sex offender |
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registry. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Art. 62.051, Code of Criminal Procedure, is |
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amended by amending Subsections (a) and (f) to read as follows: |
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(a) A person who has a reportable conviction or adjudication |
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or who is required to register as a condition of parole, release to |
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mandatory supervision, or community supervision shall register or, |
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if the person is a person for whom registration is completed under |
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this chapter, verify registration as provided by Subsection (f), |
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with the local law enforcement authority in any municipality where |
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the person resides or intends to reside for more than seven days. If |
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the person does not reside or intend to reside in a municipality, |
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the person shall register or verify registration in any county |
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where the person resides or intends to reside for more than seven |
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days. The person shall satisfy the requirements of this subsection |
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not later than the later of: |
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(1) the seventh day after date of the person's arrival |
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in the municipality or county; or |
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(2) the first date the local law enforcement authority |
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of the municipality or county by policy allows the person to |
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register or verify registration, as applicable. |
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(f) Not later than the seventh day after the date on which |
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the person is released, a person for whom registration is completed |
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under this chapter shall report to the applicable local law |
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enforcement authority to verify the information in the registration |
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form received by the authority under this chapter. The authority |
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shall require the person to produce proof of the person's identity |
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and residence before the authority gives the registration form to |
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the person for verification. If the information in the registration |
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form is complete and accurate, the person shall verify registration |
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by signing the form. If the information is not complete or not |
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accurate, the person shall make any necessary additions or |
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corrections before signing the form. |
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SECTION 2. Art. 62.053, Code of Criminal Procedure, is |
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amended by amending Subsections (a) 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 shall determine the person's level of risk to |
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the 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 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; |
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(F) the person must notify appropriate entities |
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of any change in status as described by Article 62.057; |
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(G) 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 for a sexually violent offense involving a victim |
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younger than 14 years of age and occurring on or after September 1, |
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2013; and |
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Text of paragraph as added by Acts 2017, 85th Leg., R.S., Ch. |
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329 (H.B. 355), Sec. 2 |
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(H) certain locations of residence are |
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prohibited under Article 62.064 for a person with a reportable |
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conviction or adjudication for an offense occurring on or after |
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September 1, 2017, except as otherwise provided by that article; |
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T |
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ext of paragraph as added by Acts 2017, 85th Leg., R.S., Ch. |
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924 (S.B. 1553), Sec. 1 |
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(H) if the person enters the premises of a school |
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as described by Article 62.064 and is subject to the requirements of |
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that article, the person must immediately notify the administrative |
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office of the school of the person's presence and the person's |
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registration status under this chapter; |
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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 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section39, Article III, Texas Constitution. If this Act |
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does not receive the vote necessary for immediate effect, this Act |
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takes effect September 1, 2019. |