81R8560 PEP-F
By: Farrar H.B. No. 2924
A BILL TO BE ENTITLED
AN ACT
relating to the proximity of certain sex offenders' residences to a
school.
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 subject to the prohibition described by
Article 62.065, the person may not reside within 1,000 feet of the
premises of a school;
(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. Article 62.058, Code of Criminal Procedure, is
amended by adding Subsection (f) to read as follows:
(f) If appropriate, a local law enforcement authority that
provides a person with a registration form for verification as
required by this chapter shall include with the form a statement
that the person is prohibited from residing within 1,000 feet of the
premises of a school.
SECTION 3. Subchapter B, Chapter 62, Code of Criminal
Procedure, is amended by adding Article 62.065 to read as follows:
Art. 62.065. PROHIBITED LOCATION OF RESIDENCE. (a) In this
article, "premises" and "school" have the meanings assigned by
Section 481.134, Health and Safety Code.
(b) A person subject to registration under this chapter
because of one or more reportable convictions or adjudications for
a sexually violent offense involving a victim younger than 17 years
of age may not reside within 1,000 feet of the premises of a school,
as measured in a direct line from the boundary of the residence to
the boundary of the school premises.
(c) The requirement of this article is in addition to any
requirement associated with the imposition of a child safety zone
on the person under Section 508.187 or 508.225, Government Code,
Section 13B or 13D, Article 42.12, or other law.
SECTION 4. The changes in law made by this Act apply to any
person who, on or after the effective date of this Act, is subject
to registration under Chapter 62, Code of Criminal Procedure,
regardless of whether the offense or conduct for which the person is
subject to registration occurs before, on, or after the effective
date of this Act.
SECTION 5. This Act takes effect September 1, 2009.