H.B. No. 2153
AN ACT
relating to certain registration requirements imposed on sex
offenders.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 13.31, Code of Criminal Procedure, is
amended to read as follows:
Art. 13.31. FAILURE TO COMPLY WITH SEX OFFENDER
REGISTRATION STATUTE. An offense under Chapter 62 may be
prosecuted in:
(1) any county in which an element of the offense
occurs;
(2) the county in which the person subject to Chapter
62 last registered, verified registration, or otherwise complied
with a requirement of Chapter 62;
(3) the county in which the person required to
register under Chapter 62 has indicated that the person intends to
reside, regardless of whether the person establishes or attempts to
establish residency in that county; [or]
(4) any county in which the person required to
register under Chapter 62 is placed under custodial arrest for an
offense subsequent to the person's most recent reportable
conviction or adjudication under Chapter 62; or
(5) the county in which the person required to
register under Chapter 62 resides or is found by a peace officer,
regardless of how long the person has been in the county or intends
to stay in the county.
SECTION 2. Article 62.051, Code of Criminal Procedure, is
amended by amending Subsections (c) and (f) and adding Subsections
(j) and (k) to read as follows:
(c) The registration form shall require:
(1) the person's full name, including each alias, the
person's date of birth, sex, race, height, weight, eye color, hair
color, social security number, driver's license number, and shoe
size, and the [home] address at which the person resides or intends
to reside or, if the person does not reside or intend to reside at a
physical address, a detailed description of each geographical
location at which the person resides or intends to reside;
(2) a recent color photograph or, if possible, an
electronic digital image of the person and a complete set of the
person's fingerprints;
(3) the type of offense the person was convicted of,
the age of the victim, the date of conviction, and the punishment
received;
(4) an indication as to whether the person is
discharged, paroled, or released on juvenile probation, community
supervision, or mandatory supervision;
(5) an indication of each license, as defined by
Article 62.005(g), that is held or sought by the person;
(6) an indication as to whether the person is or will
be employed, carrying on a vocation, or a student at a particular
public or private institution of higher education in this state or
another state, and the name and address of that institution; and
(7) any other information required by the department.
(f) Not later than the seventh day after the date on which
the person is released, a [A] person for whom registration is
completed under this chapter shall report to the applicable local
law enforcement authority to verify the information in the
registration form received by the authority under this chapter. The
authority shall require the person to produce proof of the person's
identity and residence before the authority gives the registration
form to the person for verification. If the information in the
registration form is complete and accurate, the person shall verify
registration by signing the form. If the information is not
complete or not accurate, the person shall make any necessary
additions or corrections before signing the form.
(j) If a person subject to registration under this chapter
is released from a penal institution without being released to
parole or placed on any other form of supervision and the person
does not move to the address indicated on the registration form as
the person's intended residence or does not indicate an address on
the registration form, the person shall, not later than the seventh
day after the date on which the person is released:
(1) report in person to the local law enforcement
authority for the municipality or county, as applicable, in which
the person is residing and provide that authority with the address
at which the person is residing or, if the person's residence does
not have a physical address, a detailed description of the
geographical location of the person's residence; and
(2) until the person indicates the person's current
address as the person's intended residence on the registration form
or otherwise complies with the requirements of Article 62.055, as
appropriate, continue to report, in the manner required by
Subdivision (1), to that authority not less than once in each
succeeding 30-day period and provide that authority with the
address at which the person is residing or, if applicable, a
detailed description of the geographical location of the person's
residence.
(k) A person required to register under this chapter may not
refuse or otherwise fail to provide any information required for
the accurate completion of the registration form.
SECTION 3. 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 applicable entity or entities as required
by Article 62.051(h) or (j) or 62.055(e) [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;
(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.
SECTION 4. The heading to Article 62.055, Code of Criminal
Procedure, is amended to read as follows:
Art. 62.055. CHANGE OF ADDRESS; LACK OF ADDRESS.
SECTION 5. Article 62.055, Code of Criminal Procedure, is
amended by adding Subsection (i) to read as follows:
(i) If a person required to register under this chapter
resides for more than seven days at a location or locations to which
a physical address has not been assigned by a governmental entity,
the person, not less than once in each 30-day period, shall confirm
the person's location or locations by:
(1) reporting to the local law enforcement authority
in the municipality where the person resides or, if the person does
not reside in a municipality, the local law enforcement authority
in the county in which the person resides; and
(2) providing a detailed description of the applicable
location or locations.
SECTION 6. Article 13.31, Code of Criminal Procedure, as
amended by this Act, applies only to an offense committed on or
after the effective date of this Act. An offense committed before
the effective date of this Act is covered by the law in effect when
the offense was committed, and the former law is continued in effect
for that purpose. For purposes of this section, an offense was
committed before the effective date of this Act if any element of
the offense occurred before that date.
SECTION 7. The changes in law made by this Act in amending
Chapter 62, Code of Criminal Procedure, apply to any person who, on
or after the effective date of this Act, is required to register
under that chapter, regardless of whether the offense or conduct
for which the person is required to register occurs before, on, or
after the effective date of this Act.
SECTION 8. This Act takes effect September 1, 2009.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 2153 was passed by the House on May
12, 2009, by the following vote: Yeas 149, Nays 0, 1 present, not
voting; that the House refused to concur in Senate amendments to
H.B. No. 2153 on May 29, 2009, and requested the appointment of a
conference committee to consider the differences between the two
houses; and that the House adopted the conference committee report
on H.B. No. 2153 on May 31, 2009, by the following vote: Yeas 141,
Nays 0, 1 present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 2153 was passed by the Senate, with
amendments, on May 26, 2009, by the following vote: Yeas 31, Nays
0; at the request of the House, the Senate appointed a conference
committee to consider the differences between the two houses; and
that the Senate adopted the conference committee report on H.B. No.
2153 on May 31, 2009, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor