Texas 2009 - 81st Regular

Texas House Bill HB3925 Compare Versions

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

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1	1	By: Madden H.B. No. 3925
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to the monitoring of certain high-risk sex offenders and
7	7	to information concerning certain sex offenders.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Subchapter B, Chapter 62, Code of Criminal
10	10	Procedure, is amended by adding Article 62.0531 to read as follows:
11	11	Art. 62.0531. DETERMINATION OF PREDATORY RISK LEVEL. (a)
12	12	In this article, "sexually predatory conduct" means conduct that is
13	13	engaged in for the purpose of victimization and that:
14	14	(1) is directed toward a stranger, a person of casual
15	15	acquaintance with whom no substantial relationship exists, or a
16	16	person with whom a relationship has been established or promoted
17	17	for the purpose of victimization; and
18	18	(2) violates:
19	19	(A) Section 21.11(a)(1), 22.011, or 22.021,
20	20	Penal Code;
21	21	(B) Section 43.25, Penal Code;
22	22	(C) Section 20.04(a)(4), Penal Code, if the
23	23	conduct is committed with the intent to violate or abuse the victim
24	24	of the conduct sexually; or
25	25	(D) Section 30.02, Penal Code, if the conduct is
26	26	punishable under Subsection (d) of that section and is committed
27	27	with the intent to engage in conduct described by Paragraph (A) or
28	28	(C).
29	29	(b) In addition to assigning to a person a numeric risk
30	30	level of one, two, or three under Article 62.053(a), before a person
31	31	who will be subject to registration under this chapter and who will
32	32	be described by Article 62.063(b) on or after release is due to be
33	33	released from a penal institution, the Texas Department of Criminal
34	34	Justice or the Texas Youth Commission, as applicable, using the
35	35	dynamic risk assessment tool developed or adopted by the Council on
36	36	Sex Offender Treatment under Section 110.164, Occupations Code,
37	37	shall:
38	38	(1) determine the likelihood that the person will
39	39	engage in a predatory act of sexual violence after being released
40	40	from the institution; and
41	41	(2) assign to the person a predatory risk level of low,
42	42	medium, or high.
43	43	SECTION 2. Subchapter B, Chapter 62, Code of Criminal
44	44	Procedure, is amended by adding Article 62.063 to read as follows:
45	45	Art. 62.063. MONITORING OF CERTAIN HIGH-RISK REGISTRANTS.
46	46	(a) In this article, "monitoring system" means an electronic
47	47	monitoring service, global positioning satellite service, or other
48	48	appropriate technological service that is designed to track a
49	49	person's location.
50	50	(b) This article applies only to a person who is released
51	51	from a penal institution, who is required to register under this
52	52	chapter as the result of a reportable conviction or adjudication,
53	53	and who:
54	54	(1) is not under the supervision and control of:
55	55	(A) a juvenile probation office or an agency or
56	56	entity operating under contract with a juvenile probation office;
57	57	(B) the Texas Youth Commission;
58	58	(C) a community supervision and corrections
59	59	department; or
60	60	(D) the parole division of the Texas Department
61	61	of Criminal Justice; or
62	62	(2) has not been civilly committed under Chapter 841,
63	63	Health and Safety Code.
64	64	(c) A person described by Subsection (b) who, under Article
65	65	62.0531, is assigned a predatory risk level of high shall
66	66	participate in the monitoring system program described by
67	67	Subsection (d). A person's duty to participate in the program
68	68	expires on the third anniversary of the date the person is released
69	69	from the penal institution.
70	70	(d) The department shall implement and coordinate a
71	71	monitoring system program that tracks the location of persons
72	72	subject to this article. The monitoring system program implemented
73	73	under this subsection must require:
74	74	(1) the department to provide to each local law
75	75	enforcement authority designated as the primary registration
76	76	authority under this chapter for a person subject to this article
77	77	monitoring system equipment that is sufficient to track the
78	78	location of the person;
79	79	(2) each local law enforcement authority designated as
80	80	a person's primary registration authority under this chapter to use
81	81	the monitoring system equipment provided under Subdivision (1) to
82	82	verify the authenticity of any geographically verifiable
83	83	information contained in the registration form of a person subject
84	84	to this article, including the person's residence; and
85	85	(3) the manufacturer or vendor of the monitoring
86	86	system equipment provided to a local law enforcement authority
87	87	under Subdivision (1) to provide training and technological support
88	88	to the authority with respect to the equipment.
89	89	(e) A monitoring system that is part of the monitoring
90	90	system program described by Subsection (d) must track a person's
91	91	location and periodically provide a cumulative report of a tracked
92	92	person's location to the department. The monitoring system does
93	93	not have to be capable of tracking a person's location in real time
94	94	or providing a real-time report of a person's location to the
95	95	department.
96	96	(f) A person who is not indigent and who is required to
97	97	participate in the monitoring system program described by
98	98	Subsection (d) is responsible for the cost of the monitoring system
99	99	and monthly shall pay to the person's primary registration
100	100	authority and to the department the amount that the primary
101	101	registration authority or department, as applicable, determines is
102	102	necessary to defray that entity's cost of operating the system with
103	103	respect to the person during the previous month.
104	104	(g) The director of the department shall adopt rules as
105	105	necessary to implement and coordinate the monitoring system program
106	106	described by Subsection (d).
107	107	SECTION 3. Subchapter D, Chapter 110, Occupations Code, is
108	108	amended by adding Section 110.164 to read as follows:
109	109	Sec. 110.164. DYNAMIC RISK ASSESSMENT TOOL. (a) The
110	110	council shall develop or adopt a dynamic risk assessment tool to be
111	111	used in determining the likelihood that a person confined in a penal
112	112	institution will engage in a predatory act of sexual violence after
113	113	being released from the institution.
114	114	(b) The dynamic risk assessment tool must enable the
115	115	assignment to a person of a predatory risk level of low, medium, or
116	116	high.
117	117	SECTION 4. Subchapter A, Chapter 62, Code of Criminal
118	118	Procedure, is amended by adding Article 62.0052 to read as follows:
119	119	Art. 62.0052. ELECTRONIC MAIL REPORTS FOR STATE
120	120	LEGISLATORS. (a) The department shall maintain an electronic mail
121	121	report service to which a member of the house of representatives or
122	122	the senate of this state may electronically subscribe.
123	123	(b) The electronic mail report service maintained under
124	124	Subsection (a) must:
125	125	(1) allow a subscribing representative or senator to
126	126	request for each zip code any portion of which is located in the
127	127	representative's or senator's district notification of:
128	128	(A) the release from a penal institution or
129	129	placement on deferred adjudication community supervision,
130	130	community supervision, or juvenile probation of a person who
131	131	expects to reside or resides in that zip code and is required to
132	132	register under this chapter; and
133	133	(B) any change in address of a person who expects
134	134	to reside or resides in that zip code and is required to register
135	135	under this chapter; and
136	136	(2) not less frequently than monthly, deliver to the
137	137	subscribing representative or senator a report containing the
138	138	information described by Subdivision (1).
139	139	(c) The department must include any public information
140	140	described by Article 62.005 in an electronic mail report sent to a
141	141	subscribing representative or senator.
142	142	SECTION 5. (a) Articles 62.0531 and 62.063, Code of
143	143	Criminal Procedure, as added by this Act, apply only to a person who
144	144	is released from a penal institution on or after January 1, 2008. A
145	145	person who is released from a penal institution before January 1,
146	146	2008, is governed by the law in effect at the time the person is
147	147	released from the penal institution, and that former law is
148	148	continued in effect for that purpose.
149	149	(b) The Department of Public Safety shall implement the
150	150	monitoring system program described by Article 62.063, Code of
151	151	Criminal Procedure, as added by this Act, so that the program is
152	152	fully functional not later than January 1, 2008.
153	153	(c) The Department of Public Safety shall issue a Request
154	154	for Qualifications or Proposal not later than September 15, 2007.
155	155	The selection process must include a side-by-side comparison
156	156	testing the products submitted in the RFQ/P. In awarding a
157	157	contract, the test results, product reliability, functionality,
158	158	and public safety must be given, at a minimum, equal consideration
159	159	to cost.
160	160	(d) The Department of Public Safety may only receive
161	161	responses from and contract with an Original Equipment
162	162	Manufacturer.
163	163	SECTION 6. This Act takes effect immediately if it receives
164	164	a vote of two-thirds of all the members elected to each house, as
165	165	provided by Section 39, Article III, Texas Constitution. If this
166	166	Act does not receive the vote necessary for immediate effect, this
167	167	Act takes effect September 1, 2007.