By: Bohac H.B. No. 4118
A BILL TO BE ENTITLED
AN ACT
relating to the registration of sex offenders who claim no
residence
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Amends Article 62.051, Subchapter P, of the Code
of Criminal Procedure as follows:
Art. 62.051. REGISTRATION: GENERAL. (a) A person who has
a reportable conviction or adjudication or who is required to
register as a condition of parole, release to mandatory
supervision, or community supervision shall register or, if the
person is a person for whom registration is completed under this
chapter, verify registration as provided by Subsection (f), with
the local law enforcement authority in any municipality where the
person resides or intends to reside for more than seven days. If
the person does not reside or intend to reside in a municipality,
the person shall register or verify registration in any county
where the person resides or intends to reside for more than seven
days. If the person does not reside or intend to reside in a
municipality or county in the State of Texas, but is physically
present within the State, the person must register with a local law
enforcement agency at least once every fourteen days where the
person is present until such time as the person establishes
residency. The person shall satisfy the requirements of this
subsection not later than [the later of:
(1) the seventh day after the person's arrival in the
municipality or county regardless of whether the person establishes
or attempts to establish residency in that county; [or]
(1a) the seventh day after the person's release from
the Texas Department of Corrections with the law enforcement agency
having jurisdiction as determined by the address listed on the
"PRE_RELEASE NOTIFICATION FORM" of the TEXAS SEX OFFENDER
REGISTRATION PROGRAM. If no address is listed on the form, then the
person subject to registration must register with a law enforcement
agency where the sex offender is physically present within seven
days of release from the Texas Department of Corrections and
continue to register at least once every fourteen days with a law
enforcement agency where the person is physically present until the
person establishes residency and then registers as required under
this Subchapter; or
(2) the first date the local law enforcement authority
of the municipality or county by policy allows the person to
register or verify registration, as applicable.
(b) The department shall provide the Texas Department of
Criminal Justice, the Texas Youth Commission, the Texas Juvenile
Probation Commission, and each local law enforcement authority,
authority for campus security, county jail, and court with a form
for registering persons required by this chapter to register.
(c) The registration form shall require:
(1) the person's full name, each alias, date of birth,
sex, race, height, weight, eye color, hair color, social security
number, driver's license number, shoe size, and the [home] address
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.
(d) The registration form must contain a statement and
description of any registration duties the person has or may have
under this chapter.
(e) Not later than the third day after a person's
registering, the local law enforcement authority with whom the
person registered shall send a copy of the registration form to the
department and, if the person resides on the campus of a public or
private institution of higher education, to any authority for
campus security for that institution.
(f) Not later than the seventh day after the date on which
the person is released, 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.
(g) A person who is required to register or verify
registration under this chapter shall ensure that the person's
registration form is complete and accurate with respect to each
item of information required by the form in accordance with
Subsection (c).
(h) If a person subject to registration under this chapter
does not move to an intended residence by the end of the seventh day
after the date on which the person is released or the date on which
the person leaves a previous residence, the person shall:
(1) report to the juvenile probation officer,
community supervision and corrections department officer, or
parole officer supervising the person by not later than the seventh
day after the date on which the person is released or the date on
which the person leaves a previous residence, as applicable, and
provide the officer with the address of the person's temporary
residence; and
(2) continue to report to the person's supervising
officer not less than weekly during any period of time in which the
person has not moved to an intended residence and provide the
officer with the address of the person's temporary residence.
(i) If the other state has a registration requirement for
sex offenders, a person who has a reportable conviction or
adjudication, who resides in this state, and who is employed,
carries on a vocation, or is a student in another state shall, not
later than the 10th day after the date on which the person begins to
work or attend school in the other state, register with the law
enforcement authority that is identified by the department as the
authority designated by that state to receive registration
information. If the person is employed, carries on a vocation, or
is a student at a public or private institution of higher education
in the other state and if an authority for campus security exists at
the institution, the person shall also register with that authority
not later than the 10th day after the date on which the person
begins to work or attend school.
(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 does not have
a home address to list in accordance with Subsection (c), the person
must report to a law enforcement agency in the jurisdiction where
the person is physically located at least once every fourteen days
to update the registration form and continue to report in this
manner until the person provides an address as required under this
Subchapter.
SECTION 2. Amends article 62.052, Subchapter P, of the Code
of Criminal Procedure as follows:
Art. 62.052. REGISTRATION: EXTRAJURISDICTIONAL
REGISTRANTS. (a) An extrajurisdictional registrant is required to
comply with the annual verification requirements of Article 62.058
in the same manner as a person who is required to verify
registration on the basis of a reportable conviction or
adjudication.
(b) The duty to register for an extrajurisdictional
registrant expires on the date the person's duty to register would
expire under the laws of the other state or foreign country had the
person remained in that state or foreign country, under federal
law, or under the Uniform Code of Military Justice, as applicable.
(c) The department may negotiate and enter into a reciprocal
registration agreement with any other state to prevent residents of
this state and residents of the other state from frustrating the
public purpose of the registration of sex offenders by moving from
one state to the other.
Art. 62.053. PRERELEASE NOTIFICATION. (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 or with any law enforcement agency where
the person is present if the person does not reside or intend to
reside in any one location;
(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 entities as required by this
Subchapter [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 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 3. This act takes effect on September 1, 2009.