| 1 | 1 | | By: Bohac H.B. No. 4118 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | A BILL TO BE ENTITLED |
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| 5 | 5 | | AN ACT |
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| 6 | 6 | | relating to the registration of sex offenders who claim no |
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| 7 | 7 | | residence |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Amends Article 62.051, Subchapter P, of the Code |
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| 10 | 10 | | of Criminal Procedure as follows: |
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| 11 | 11 | | Art. 62.051. REGISTRATION: GENERAL. (a) A person who has |
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| 12 | 12 | | a reportable conviction or adjudication or who is required to |
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| 13 | 13 | | register as a condition of parole, release to mandatory |
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| 14 | 14 | | supervision, or community supervision shall register or, if the |
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| 15 | 15 | | person is a person for whom registration is completed under this |
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| 16 | 16 | | chapter, verify registration as provided by Subsection (f), with |
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| 17 | 17 | | the local law enforcement authority in any municipality where the |
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| 18 | 18 | | person resides or intends to reside for more than seven days. If |
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| 19 | 19 | | the person does not reside or intend to reside in a municipality, |
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| 20 | 20 | | the person shall register or verify registration in any county |
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| 21 | 21 | | where the person resides or intends to reside for more than seven |
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| 22 | 22 | | days. If the person does not reside or intend to reside in a |
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| 23 | 23 | | municipality or county in the State of Texas, but is physically |
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| 24 | 24 | | present within the State, the person must register with a local law |
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| 25 | 25 | | enforcement agency at least once every fourteen days where the |
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| 26 | 26 | | person is present until such time as the person establishes |
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| 27 | 27 | | residency. The person shall satisfy the requirements of this |
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| 28 | 28 | | subsection not later than [the later of: |
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| 29 | 29 | | (1) the seventh day after the person's arrival in the |
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| 30 | 30 | | municipality or county regardless of whether the person establishes |
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| 31 | 31 | | or attempts to establish residency in that county; [or] |
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| 32 | 32 | | (1a) the seventh day after the person's release from |
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| 33 | 33 | | the Texas Department of Corrections with the law enforcement agency |
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| 34 | 34 | | having jurisdiction as determined by the address listed on the |
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| 35 | 35 | | "PRE_RELEASE NOTIFICATION FORM" of the TEXAS SEX OFFENDER |
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| 36 | 36 | | REGISTRATION PROGRAM. If no address is listed on the form, then the |
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| 37 | 37 | | person subject to registration must register with a law enforcement |
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| 38 | 38 | | agency where the sex offender is physically present within seven |
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| 39 | 39 | | days of release from the Texas Department of Corrections and |
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| 40 | 40 | | continue to register at least once every fourteen days with a law |
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| 41 | 41 | | enforcement agency where the person is physically present until the |
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| 42 | 42 | | person establishes residency and then registers as required under |
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| 43 | 43 | | this Subchapter; or |
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| 44 | 44 | | (2) the first date the local law enforcement authority |
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| 45 | 45 | | of the municipality or county by policy allows the person to |
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| 46 | 46 | | register or verify registration, as applicable. |
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| 47 | 47 | | (b) The department shall provide the Texas Department of |
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| 48 | 48 | | Criminal Justice, the Texas Youth Commission, the Texas Juvenile |
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| 49 | 49 | | Probation Commission, and each local law enforcement authority, |
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| 50 | 50 | | authority for campus security, county jail, and court with a form |
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| 51 | 51 | | for registering persons required by this chapter to register. |
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| 52 | 52 | | (c) The registration form shall require: |
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| 53 | 53 | | (1) the person's full name, each alias, date of birth, |
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| 54 | 54 | | sex, race, height, weight, eye color, hair color, social security |
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| 55 | 55 | | number, driver's license number, shoe size, and the [home] address |
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| 56 | 56 | | at which the person resides or intends to reside. |
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| 57 | 57 | | (2) a recent color photograph or, if possible, an |
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| 58 | 58 | | electronic digital image of the person and a complete set of the |
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| 59 | 59 | | person's fingerprints; |
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| 60 | 60 | | (3) the type of offense the person was convicted of, |
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| 61 | 61 | | the age of the victim, the date of conviction, and the punishment |
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| 62 | 62 | | received; |
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| 63 | 63 | | (4) an indication as to whether the person is |
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| 64 | 64 | | discharged, paroled, or released on juvenile probation, community |
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| 65 | 65 | | supervision, or mandatory supervision; |
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| 66 | 66 | | (5) an indication of each license, as defined by |
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| 67 | 67 | | Article 62.005(g), that is held or sought by the person; |
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| 68 | 68 | | (6) an indication as to whether the person is or will |
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| 69 | 69 | | be employed, carrying on a vocation, or a student at a particular |
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| 70 | 70 | | public or private institution of higher education in this state or |
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| 71 | 71 | | another state, and the name and address of that institution; and |
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| 72 | 72 | | (7) any other information required by the department. |
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| 73 | 73 | | (d) The registration form must contain a statement and |
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| 74 | 74 | | description of any registration duties the person has or may have |
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| 75 | 75 | | under this chapter. |
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| 76 | 76 | | (e) Not later than the third day after a person's |
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| 77 | 77 | | registering, the local law enforcement authority with whom the |
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| 78 | 78 | | person registered shall send a copy of the registration form to the |
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| 79 | 79 | | department and, if the person resides on the campus of a public or |
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| 80 | 80 | | private institution of higher education, to any authority for |
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| 81 | 81 | | campus security for that institution. |
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| 82 | 82 | | (f) Not later than the seventh day after the date on which |
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| 83 | 83 | | the person is released, a person for whom registration is completed |
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| 84 | 84 | | under this chapter shall report to the applicable local law |
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| 85 | 85 | | enforcement authority to verify the information in the registration |
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| 86 | 86 | | form received by the authority under this chapter. The authority |
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| 87 | 87 | | shall require the person to produce proof of the person's identity |
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| 88 | 88 | | and residence before the authority gives the registration form to |
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| 89 | 89 | | the person for verification. If the information in the |
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| 90 | 90 | | registration form is complete and accurate, the person shall verify |
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| 91 | 91 | | registration by signing the form. If the information is not |
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| 92 | 92 | | complete or not accurate, the person shall make any necessary |
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| 93 | 93 | | additions or corrections before signing the form. |
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| 94 | 94 | | (g) A person who is required to register or verify |
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| 95 | 95 | | registration under this chapter shall ensure that the person's |
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| 96 | 96 | | registration form is complete and accurate with respect to each |
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| 97 | 97 | | item of information required by the form in accordance with |
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| 98 | 98 | | Subsection (c). |
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| 99 | 99 | | (h) If a person subject to registration under this chapter |
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| 100 | 100 | | does not move to an intended residence by the end of the seventh day |
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| 101 | 101 | | after the date on which the person is released or the date on which |
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| 102 | 102 | | the person leaves a previous residence, the person shall: |
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| 103 | 103 | | (1) report to the juvenile probation officer, |
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| 104 | 104 | | community supervision and corrections department officer, or |
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| 105 | 105 | | parole officer supervising the person by not later than the seventh |
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| 106 | 106 | | day after the date on which the person is released or the date on |
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| 107 | 107 | | which the person leaves a previous residence, as applicable, and |
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| 108 | 108 | | provide the officer with the address of the person's temporary |
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| 109 | 109 | | residence; and |
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| 110 | 110 | | (2) continue to report to the person's supervising |
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| 111 | 111 | | officer not less than weekly during any period of time in which the |
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| 112 | 112 | | person has not moved to an intended residence and provide the |
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| 113 | 113 | | officer with the address of the person's temporary residence. |
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| 114 | 114 | | (i) If the other state has a registration requirement for |
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| 115 | 115 | | sex offenders, a person who has a reportable conviction or |
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| 116 | 116 | | adjudication, who resides in this state, and who is employed, |
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| 117 | 117 | | carries on a vocation, or is a student in another state shall, not |
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| 118 | 118 | | later than the 10th day after the date on which the person begins to |
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| 119 | 119 | | work or attend school in the other state, register with the law |
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| 120 | 120 | | enforcement authority that is identified by the department as the |
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| 121 | 121 | | authority designated by that state to receive registration |
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| 122 | 122 | | information. If the person is employed, carries on a vocation, or |
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| 123 | 123 | | is a student at a public or private institution of higher education |
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| 124 | 124 | | in the other state and if an authority for campus security exists at |
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| 125 | 125 | | the institution, the person shall also register with that authority |
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| 126 | 126 | | not later than the 10th day after the date on which the person |
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| 127 | 127 | | begins to work or attend school. |
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| 128 | 128 | | (j) If a person subject to registration under this chapter |
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| 129 | 129 | | is released from a penal institution without being released to |
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| 130 | 130 | | parole or placed on any other form of supervision and does not have |
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| 131 | 131 | | a home address to list in accordance with Subsection (c), the person |
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| 132 | 132 | | must report to a law enforcement agency in the jurisdiction where |
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| 133 | 133 | | the person is physically located at least once every fourteen days |
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| 134 | 134 | | to update the registration form and continue to report in this |
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| 135 | 135 | | manner until the person provides an address as required under this |
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| 136 | 136 | | Subchapter. |
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| 137 | 137 | | SECTION 2. Amends article 62.052, Subchapter P, of the Code |
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| 138 | 138 | | of Criminal Procedure as follows: |
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| 139 | 139 | | Art. 62.052. REGISTRATION: EXTRAJURISDICTIONAL |
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| 140 | 140 | | REGISTRANTS. (a) An extrajurisdictional registrant is required to |
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| 141 | 141 | | comply with the annual verification requirements of Article 62.058 |
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| 142 | 142 | | in the same manner as a person who is required to verify |
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| 143 | 143 | | registration on the basis of a reportable conviction or |
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| 144 | 144 | | adjudication. |
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| 145 | 145 | | (b) The duty to register for an extrajurisdictional |
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| 146 | 146 | | registrant expires on the date the person's duty to register would |
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| 147 | 147 | | expire under the laws of the other state or foreign country had the |
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| 148 | 148 | | person remained in that state or foreign country, under federal |
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| 149 | 149 | | law, or under the Uniform Code of Military Justice, as applicable. |
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| 150 | 150 | | (c) The department may negotiate and enter into a reciprocal |
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| 151 | 151 | | registration agreement with any other state to prevent residents of |
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| 152 | 152 | | this state and residents of the other state from frustrating the |
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| 153 | 153 | | public purpose of the registration of sex offenders by moving from |
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| 154 | 154 | | one state to the other. |
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| 155 | 155 | | Art. 62.053. PRERELEASE NOTIFICATION. (a) Before a person |
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| 156 | 156 | | who will be subject to registration under this chapter is due to be |
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| 157 | 157 | | released from a penal institution, the Texas Department of Criminal |
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| 158 | 158 | | Justice or the Texas Youth Commission shall determine the person's |
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| 159 | 159 | | level of risk to the community using the sex offender screening tool |
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| 160 | 160 | | developed or selected under Article 62.007 and assign to the person |
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| 161 | 161 | | a numeric risk level of one, two, or three. Before releasing the |
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| 162 | 162 | | person, an official of the penal institution shall: |
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| 163 | 163 | | (1) inform the person that: |
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| 164 | 164 | | (A) not later than the later of the seventh day |
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| 165 | 165 | | after the date on which the person is released or after the date on |
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| 166 | 166 | | which the person moves from a previous residence to a new residence |
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| 167 | 167 | | in this state or not later than [the later of] the first date the |
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| 168 | 168 | | applicable local law enforcement authority by policy allows the |
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| 169 | 169 | | person to register or verify registration, the person |
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| 170 | 170 | | must register or verify registration with the local law |
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| 171 | 171 | | enforcement authority in the municipality or county in which the |
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| 172 | 172 | | person intends to reside or with any law enforcement agency where |
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| 173 | 173 | | the person is present if the person does not reside or intend to |
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| 174 | 174 | | reside in any one location; |
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| 175 | 175 | | (B) not later than the seventh day after the date |
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| 176 | 176 | | on which the person is released or the date on which the person |
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| 177 | 177 | | moves from a previous residence to a new residence in this state, |
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| 178 | 178 | | the person must, if the person has not moved to an intended |
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| 179 | 179 | | residence, report to the applicable entities as required by this |
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| 180 | 180 | | Subchapter [juvenile probation officer, community supervision and |
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| 181 | 181 | | corrections department officer, or parole officer supervising the |
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| 182 | 182 | | person]; |
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| 183 | 183 | | (C) not later than the seventh day before the |
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| 184 | 184 | | date on which the person moves to a new residence in this state or |
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| 185 | 185 | | another state, the person must report in person to the local law |
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| 186 | 186 | | enforcement authority designated as the person's primary |
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| 187 | 187 | | registration authority by the department and to the juvenile |
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| 188 | 188 | | probation officer, community supervision and corrections |
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| 189 | 189 | | department officer, or parole officer supervising the person; |
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| 190 | 190 | | (D) not later than the 10th day after the date on |
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| 191 | 191 | | which the person arrives in another state in which the person |
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| 192 | 192 | | intends to reside, the person must register with the law |
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| 193 | 193 | | enforcement agency that is identified by the department as the |
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| 194 | 194 | | agency designated by that state to receive registration |
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| 195 | 195 | | information, if the other state has a registration requirement for |
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| 196 | 196 | | sex offenders; |
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| 197 | 197 | | (E) not later than the 30th day after the date on |
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| 198 | 198 | | which the person is released, the person must apply to the |
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| 199 | 199 | | department in person for the issuance of an original or renewal |
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| 200 | 200 | | driver's license or personal identification certificate and a |
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| 201 | 201 | | failure to apply to the department as required by this paragraph |
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| 202 | 202 | | results in the automatic revocation of any driver's license or |
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| 203 | 203 | | personal identification certificate issued by the department to the |
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| 204 | 204 | | person; and |
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| 205 | 205 | | (F) the person must notify appropriate entities |
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| 206 | 206 | | of any change in status as described by Article 62.057; |
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| 207 | 207 | | (2) require the person to sign a written statement |
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| 208 | 208 | | that the person was informed of the person's duties as described by |
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| 209 | 209 | | Subdivision (1) or Subsection (g) or, if the person refuses to sign |
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| 210 | 210 | | the statement, certify that the person was so informed; |
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| 211 | 211 | | (3) obtain the address where the person expects to |
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| 212 | 212 | | reside on the person's release and other registration information, |
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| 213 | 213 | | including a photograph and complete set of fingerprints; and |
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| 214 | 214 | | (4) complete the registration form for the person. |
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| 215 | 215 | | SECTION 3. This act takes effect on September 1, 2009. |
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