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A BILL TO BE ENTITLED
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AN ACT
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relating to prohibiting a registered sex offender from residing |
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within a certain distance of the residence of a victim of any |
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offense committed by the offender for which the offender is subject |
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to registration. |
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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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as amended by Chapters 329 (H.B. 355) and 924 (S.B. 1553), Acts of |
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the 85th Legislature, Regular Session, 2017, is reenacted and |
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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 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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(H) certain locations of residence are |
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prohibited under Article 62.064(1) [62.064] for a person with a |
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reportable conviction or adjudication for an offense occurring on |
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or after September 1, 2017, except as otherwise provided by that |
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article; |
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(I) except as provided by Article 62.064(2), the |
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person may not reside within 10 miles of the residence of a victim |
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of any offense occurring on or after September 1, 2019, for which |
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the person is subject to registration under this chapter; and |
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(J) [(H)] if the person enters the premises of a |
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school as described by Article 62.065 [62.064] and is subject to the |
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requirements of that article, the person must immediately notify |
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the administrative office of the school of the person's presence |
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and the person's 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 2. Article 62.058(g), Code of Criminal Procedure, |
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as added by Chapter 924 (S.B. 1553), Acts of the 85th Legislature, |
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Regular Session, 2017, is redesignated as Article 62.058(h), Code |
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of Criminal Procedure, and amended to read as follows: |
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(h) [(g)] A local law enforcement authority who provides a |
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person with a registration form for verification as required by |
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this chapter shall include with the form a statement and, if |
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applicable, a description of the person's duty to provide notice |
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under Article 62.065 [62.064]. |
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SECTION 3. Article 62.064, Code of Criminal Procedure, as |
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added by Chapter 329 (H.B. 355), Acts of the 85th Legislature, |
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Regular Session, 2017, is amended to read as follows: |
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Art. 62.064. PROHIBITED LOCATION OF RESIDENCE. A person |
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subject to registration under this chapter may not reside: |
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(1) on the campus of a public or private institution of |
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higher education unless: |
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(A) [(1)] the person is assigned a numeric risk |
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level of one based on an assessment conducted using the sex offender |
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screening tool developed or selected under Article 62.007; and |
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(B) [(2)] the institution approves the person to |
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reside on the institution's campus; or |
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(2) within 10 miles of the residence of a victim of any |
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offense for which the person is subject to registration under this |
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chapter, unless the victim changes the victim's residence to be |
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within 10 miles of the residence of the person. |
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SECTION 4. Article 62.064, Code of Criminal Procedure, as |
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added by Chapter 924 (S.B. 1553), Acts of the 85th Legislature, |
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Regular Session, 2017, is redesignated as Article 62.065, Code of |
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Criminal Procedure, to read as follows: |
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Art. 62.065 [62.064]. ENTRY ONTO SCHOOL PREMISES; NOTICE |
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REQUIRED. (a) In this article: |
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(1) "Premises" means a building or portion of a |
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building and the grounds on which the building is located, |
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including any public or private driveway, street, sidewalk or |
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walkway, parking lot, or parking garage on the grounds. |
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(2) "School" has the meaning assigned by Section |
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481.134, Health and Safety Code. |
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(b) A person subject to registration under this chapter who |
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enters the premises of any school in this state during the standard |
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operating hours of the school shall immediately notify the |
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administrative office of the school of the person's presence on the |
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premises of the school and the person's registration status under |
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this chapter. The office may provide a chaperon to accompany the |
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person while the person is on the premises of the school. |
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(c) The requirements of this article: |
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(1) are in addition to any requirement associated with |
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the imposition of a child safety zone on the person under Section |
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508.187, Government Code, or Article 42A.453 of this code; and |
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(2) do not apply to: |
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(A) a student enrolled at the school; |
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(B) a student from another school participating |
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at an event at the school; or |
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(C) a person who has entered into a written |
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agreement with the school that exempts the person from those |
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requirements. |
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SECTION 5. The changes in law made by this Act in amending |
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Chapter 62, Code of Criminal Procedure, apply only to a person who |
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is required to register under Chapter 62, Code of Criminal |
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Procedure, on the basis of a conviction or adjudication for or based |
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on an offense committed on or after the effective date of this Act. |
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A person who is required to register under Chapter 62, Code of |
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Criminal Procedure, solely on the basis of a conviction or |
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adjudication for or based on 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 6. To the extent of any conflict, this Act prevails |
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over another Act of the 86th Legislature, Regular Session, 2019, |
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relating to nonsubstantive additions to and corrections in enacted |
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codes. |
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SECTION 7. This Act takes effect September 1, 2019. |