Texas 2009 - 81st Regular

Texas House Bill HB2396 Compare Versions

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

Old	New	Differences
1	1	81R7284 KCR-D
2	2	By: Turner of Tarrant H.B. No. 2396
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to certain registration requirements imposed on sex
8	8	offenders.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Article 13.31, Code of Criminal Procedure, is
11	11	amended to read as follows:
12	12	Art. 13.31. FAILURE TO COMPLY WITH SEX OFFENDER
13	13	REGISTRATION STATUTE. An offense under Chapter 62 may be
14	14	prosecuted in:
15	15	(1) any county in which an element of the offense
16	16	occurs;
17	17	(2) the county in which the person subject to Chapter
18	18	62 last registered, verified registration, or otherwise complied
19	19	with a requirement of Chapter 62;
20	20	(3) the county in which the person required to
21	21	register under Chapter 62 has indicated that the person intends to
22	22	reside, regardless of whether the person establishes or attempts to
23	23	establish residency in that county; [or]
24	24	(4) any county in which the person required to
25	25	register under Chapter 62 is placed under custodial arrest for an
26	26	offense subsequent to the person's most recent reportable
27	27	conviction or adjudication under Chapter 62; or
28	28	(5) the county in which the person required to
29	29	register under Chapter 62 resides or is found by a peace officer,
30	30	regardless of how long the person has been in the county or intends
31	31	to stay in the county.
32	32	SECTION 2. Article 62.051, Code of Criminal Procedure, is
33	33	amended by amending Subsections (c) and (f) and adding Subsection
34	34	(j) to read as follows:
35	35	(c) The registration form shall require:
36	36	(1) the person's full name, including each alias, the
37	37	person's date of birth, sex, race, height, weight, eye color, hair
38	38	color, social security number, driver's license number, and shoe
39	39	size, and the [home] address at which the person resides or intends
40	40	to reside or, if the person does not reside or intend to reside at a
41	41	physical address, a detailed description of the geographical
42	42	location at which the person resides or intends to reside;
43	43	(2) a recent color photograph or, if possible, an
44	44	electronic digital image of the person and a complete set of the
45	45	person's fingerprints;
46	46	(3) the type of offense the person was convicted of,
47	47	the age of the victim, the date of conviction, and the punishment
48	48	received;
49	49	(4) an indication as to whether the person is
50	50	discharged, paroled, or released on juvenile probation, community
51	51	supervision, or mandatory supervision;
52	52	(5) an indication of each license, as defined by
53	53	Article 62.005(g), that is held or sought by the person;
54	54	(6) an indication as to whether the person is or will
55	55	be employed, carrying on a vocation, or a student at a particular
56	56	public or private institution of higher education in this state or
57	57	another state, and the name and address of that institution; and
58	58	(7) any other information required by the department.
59	59	(f) Not later than the seventh day after the date on which
60	60	the person is released, a [A] person for whom registration is
61	61	completed under this chapter shall report to the applicable local
62	62	law enforcement authority to verify the information in the
63	63	registration form received by the authority under this chapter. The
64	64	authority shall require the person to produce proof of the person's
65	65	identity and residence before the authority gives the registration
66	66	form to the person for verification. If the information in the
67	67	registration form is complete and accurate, the person shall verify
68	68	registration by signing the form. If the information is not
69	69	complete or not accurate, the person shall make any necessary
70	70	additions or corrections before signing the form.
71	71	(j) If a person subject to registration under this chapter
72	72	is released from a penal institution without being released to
73	73	parole or placed on any other form of supervision and does not move
74	74	to the residence indicated on the registration form as the person's
75	75	intended residence, the person shall, not later than the seventh
76	76	day after the date on which the person is released:
77	77	(1) report in person or by telephone to the applicable
78	78	local law enforcement authority for the person's intended residence
79	79	and provide the authority with the address of the person's
80	80	temporary residence or, if applicable, a detailed description of
81	81	the geographical location of the person's temporary residence; and
82	82	(2) unless the person has otherwise complied with the
83	83	requirements of Article 62.055, continue to report, in the manner
84	84	required by Subdivision (1), to that authority not less than weekly
85	85	during any period in which the person has not moved to the intended
86	86	residence and provide the authority with the address of the
87	87	person's temporary residence or, if applicable, a detailed
88	88	description of the geographical location of the person's temporary
89	89	residence.
90	90	SECTION 3. Article 62.053(a), Code of Criminal Procedure,
91	91	is amended to read as follows:
92	92	(a) Before a person who will be subject to registration
93	93	under this chapter is due to be released from a penal institution,
94	94	the Texas Department of Criminal Justice or the Texas Youth
95	95	Commission shall determine the person's level of risk to the
96	96	community using the sex offender screening tool developed or
97	97	selected under Article 62.007 and assign to the person a numeric
98	98	risk level of one, two, or three. Before releasing the person, an
99	99	official of the penal institution shall:
100	100	(1) inform the person that:
101	101	(A) not later than the later of the seventh day
102	102	after the date on which the person is released or after the date on
103	103	which the person moves from a previous residence to a new residence
104	104	in this state or not later than [the later of] the first date the
105	105	applicable local law enforcement authority by policy allows the
106	106	person to register or verify registration, the person
107	107	must register or verify registration with the local law
108	108	enforcement authority in the municipality or county in which the
109	109	person intends to reside;
110	110	(B) not later than the seventh day after the date
111	111	on which the person is released or the date on which the person
112	112	moves from a previous residence to a new residence in this state,
113	113	the person must, if the person has not moved to an intended
114	114	residence, report to the applicable entities as required by Article
115	115	62.051(h) or (j) or 62.055(e) [juvenile probation officer,
116	116	community supervision and corrections department officer, or
117	117	parole officer supervising the person];
118	118	(C) not later than the seventh day before the
119	119	date on which the person moves to a new residence in this state or
120	120	another state, the person must report in person to the local law
121	121	enforcement authority designated as the person's primary
122	122	registration authority by the department and to the juvenile
123	123	probation officer, community supervision and corrections
124	124	department officer, or parole officer supervising the person;
125	125	(D) not later than the 10th day after the date on
126	126	which the person arrives in another state in which the person
127	127	intends to reside, the person must register with the law
128	128	enforcement agency that is identified by the department as the
129	129	agency designated by that state to receive registration
130	130	information, if the other state has a registration requirement for
131	131	sex offenders;
132	132	(E) not later than the 30th day after the date on
133	133	which the person is released, the person must apply to the
134	134	department in person for the issuance of an original or renewal
135	135	driver's license or personal identification certificate and a
136	136	failure to apply to the department as required by this paragraph
137	137	results in the automatic revocation of any driver's license or
138	138	personal identification certificate issued by the department to the
139	139	person; and
140	140	(F) the person must notify appropriate entities
141	141	of any change in status as described by Article 62.057;
142	142	(2) require the person to sign a written statement
143	143	that the person was informed of the person's duties as described by
144	144	Subdivision (1) or Subsection (g) or, if the person refuses to sign
145	145	the statement, certify that the person was so informed;
146	146	(3) obtain the address or, if applicable, a detailed
147	147	description of the geographical location where the person expects
148	148	to reside on the person's release and other registration
149	149	information, including a photograph and complete set of
150	150	fingerprints; and
151	151	(4) complete the registration form for the person.
152	152	SECTION 4. The heading to Article 62.055, Code of Criminal
153	153	Procedure, is amended to read as follows:
154	154	Art. 62.055. CHANGE OF ADDRESS; LACK OF ADDRESS.
155	155	SECTION 5. Article 62.055, Code of Criminal Procedure, is
156	156	amended by adding Subsection (i) to read as follows:
157	157	(i) If a person required to register under this chapter
158	158	establishes residency at a location to which a physical address has
159	159	not been assigned by a governmental entity, the person, not less
160	160	than once in each seven-day period, shall confirm the person's
161	161	residency by:
162	162	(1) reporting to the local law enforcement authority
163	163	in the municipality where the person resides or, if the person does
164	164	not reside in a municipality, the local law enforcement authority
165	165	in the county in which the person resides; and
166	166	(2) providing a detailed description of the
167	167	geographical location of the residence.
168	168	SECTION 6. Article 13.31, Code of Criminal Procedure, as
169	169	amended by this Act, applies only to an offense committed on or
170	170	after the effective date of this Act. An offense committed before
171	171	the effective date of this Act is covered by the law in effect when
172	172	the offense was committed, and the former law is continued in effect
173	173	for that purpose. For purposes of this section, an offense was
174	174	committed before the effective date of this Act if any element of
175	175	the offense occurred before that date.
176	176	SECTION 7. The changes in law made by this Act in amending
177	177	Chapter 62, Code of Criminal Procedure, apply to any person who, on
178	178	or after the effective date of this Act, is required to register
179	179	under that chapter, regardless of whether the offense or conduct
180	180	for which the person is required to register occurs before, on, or
181	181	after the effective date of this Act.
182	182	SECTION 8. This Act takes effect September 1, 2009.