Texas 2009 - 81st Regular

Texas House Bill HB1542 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	81R2037 KCR-D
2	2	By: Patrick H.B. No. 1542
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to notice concerning the residency of sex offenders in
8	8	certain health care facilities.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Article 62.053(a), Code of Criminal Procedure,
11	11	is amended to read as follows:
12	12	(a) Before a person who will be subject to registration
13	13	under this chapter is due to be released from a penal institution,
14	14	the Texas Department of Criminal Justice or the Texas Youth
15	15	Commission shall determine the person's level of risk to the
16	16	community using the sex offender screening tool developed or
17	17	selected under Article 62.007 and assign to the person a numeric
18	18	risk level of one, two, or three. Before releasing the person, an
19	19	official of the penal institution shall:
20	20	(1) inform the person that:
21	21	(A) not later than the later of the seventh day
22	22	after the date on which the person is released or after the date on
23	23	which the person moves from a previous residence to a new residence
24	24	in this state or not later than [the later of] the first date the
25	25	applicable local law enforcement authority by policy allows the
26	26	person to register or verify registration, the person must register
27	27	or verify registration with the local law enforcement authority in
28	28	the municipality or county in which the person intends to reside;
29	29	(B) not later than the seventh day after the date
30	30	on which the person is released or the date on which the person
31	31	moves from a previous residence to a new residence in this state,
32	32	the person must, if the person has not moved to an intended
33	33	residence, report to the juvenile probation officer, community
34	34	supervision and corrections department officer, or parole officer
35	35	supervising the person;
36	36	(C) not later than the seventh day before the
37	37	date on which the person moves to a new residence in this state or
38	38	another state, the person must report in person to the local law
39	39	enforcement authority designated as the person's primary
40	40	registration authority by the department and to the juvenile
41	41	probation officer, community supervision and corrections
42	42	department officer, or parole officer supervising the person;
43	43	(D) not later than the 10th day after the date on
44	44	which the person arrives in another state in which the person
45	45	intends to reside, the person must register with the law
46	46	enforcement agency that is identified by the department as the
47	47	agency designated by that state to receive registration
48	48	information, if the other state has a registration requirement for
49	49	sex offenders;
50	50	(E) not later than the 30th day after the date on
51	51	which the person is released, the person must apply to the
52	52	department in person for the issuance of an original or renewal
53	53	driver's license or personal identification certificate and a
54	54	failure to apply to the department as required by this paragraph
55	55	results in the automatic revocation of any driver's license or
56	56	personal identification certificate issued by the department to the
57	57	person; [and]
58	58	(F) the person must notify appropriate entities
59	59	of any change in status as described by Article 62.057; and
60	60	(G) if the person resides or intends to reside in
61	61	a facility licensed under Chapter 242, 247, or 252, Health and
62	62	Safety Code, the person must notify the facility of the person's
63	63	registration status under this chapter;
64	64	(2) require the person to sign a written statement
65	65	that the person was informed of the person's duties as described by
66	66	Subdivision (1) or Subsection (g) or, if the person refuses to sign
67	67	the statement, certify that the person was so informed;
68	68	(3) obtain the address where the person expects to
69	69	reside on the person's release and other registration information,
70	70	including a photograph and complete set of fingerprints; and
71	71	(4) complete the registration form for the person.
72	72	SECTION 2. Subchapter B, Chapter 62, Code of Criminal
73	73	Procedure, is amended by adding Article 62.063 to read as follows:
74	74	Art. 62.063. ASSISTED LIVING FACILITIES AND CERTAIN OTHER
75	75	HEALTH CARE FACILITIES; NOTICE. (a) A person required to register
76	76	under this chapter who resides or intends to reside in a facility
77	77	licensed under Chapter 242, 247, or 252, Health and Safety Code,
78	78	shall notify the facility in writing of the person's registration
79	79	status under this chapter.
80	80	(b) A facility that receives notice under Subsection (a)
81	81	shall promptly notify in writing each other resident of the
82	82	facility and each legal guardian or legal representative of another
83	83	resident of the registration status of the person providing notice
84	84	under Subsection (a). The facility may not release any information
85	85	that is not public information under this chapter.
86	86	SECTION 3. The change in law made by this Act applies to a
87	87	person required to register as a sex offender under Chapter 62, Code
88	88	of Criminal Procedure, under the laws of another state, under
89	89	federal law, or under the Uniform Code of Military Justice,
90	90	regardless of whether the person is initially required to register,
91	91	before, on, or after the effective date of this Act.
92	92	SECTION 4. This Act takes effect September 1, 2009.