81R2037 KCR-D
By: Patrick H.B. No. 1542
A BILL TO BE ENTITLED
AN ACT
relating to notice concerning the residency of sex offenders in
certain health care facilities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 62.053(a), Code of Criminal Procedure,
is amended to read as follows:
(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 Youth
Commission 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 later of] 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 juvenile probation officer, community
supervision and corrections department officer, or parole officer
supervising the person;
(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; [and]
(F) the person must notify appropriate entities
of any change in status as described by Article 62.057; and
(G) if the person resides or intends to reside in
a facility licensed under Chapter 242, 247, or 252, Health and
Safety Code, the person must notify the facility of the person's
registration status under this chapter;
(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 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.
SECTION 2. Subchapter B, Chapter 62, Code of Criminal
Procedure, is amended by adding Article 62.063 to read as follows:
Art. 62.063. ASSISTED LIVING FACILITIES AND CERTAIN OTHER
HEALTH CARE FACILITIES; NOTICE. (a) A person required to register
under this chapter who resides or intends to reside in a facility
licensed under Chapter 242, 247, or 252, Health and Safety Code,
shall notify the facility in writing of the person's registration
status under this chapter.
(b) A facility that receives notice under Subsection (a)
shall promptly notify in writing each other resident of the
facility and each legal guardian or legal representative of another
resident of the registration status of the person providing notice
under Subsection (a). The facility may not release any information
that is not public information under this chapter.
SECTION 3. The change in law made by this Act applies to a
person required to register as a sex offender under Chapter 62, Code
of Criminal Procedure, under the laws of another state, under
federal law, or under the Uniform Code of Military Justice,
regardless of whether the person is initially required to register,
before, on, or after the effective date of this Act.
SECTION 4. This Act takes effect September 1, 2009.