Texas 2009 - 81st Regular

Texas House Bill HB79 Compare Versions

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

Old	New	Differences
1	1	81R535 KCR-D
2	2	By: Flynn H.B. No. 79
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the payment of certain fees by sex offenders and the use
8	8	of those fees for certain law enforcement purposes.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subchapter B, Chapter 62, Code of Criminal
11	11	Procedure, is amended by adding Article 62.063 to read as follows:
12	12	Art. 62.063. LOCAL LAW ENFORCEMENT AUTHORITY FEE. (a) A
13	13	local law enforcement authority may charge and collect from a
14	14	person required to register under this chapter the following fees:
15	15	(1) a fee in an amount not to exceed $50, to be charged
16	16	and collected the first time the person registers or verifies
17	17	registration with the authority under Article 62.051 or 62.052 and
18	18	annually in each year that the person, during any month of the year,
19	19	verifies registration with the authority under Article 62.052,
20	20	62.058, or 62.202; and
21	21	(2) following a change of address:
22	22	(A) a fee in an amount not to exceed $50, to be
23	23	charged and collected the first time the person reports to the
24	24	authority under Article 62.055, if at the time of the change of
25	25	address the authority has not yet been designated as the person's
26	26	primary registration authority; or
27	27	(B) a fee in an amount not to exceed $5, to be
28	28	charged and collected the first time the person reports to the
29	29	authority under Article 62.055, if at the time of the change of
30	30	address the authority is designated as the person's primary
31	31	registration authority.
32	32	(b) Not less than 90 percent of a fee collected under
33	33	Subsection (a) shall be remitted to the comptroller of public
34	34	accounts in the manner directed by the comptroller. Fees remitted
35	35	under this subsection may be used only to defray the costs incurred
36	36	by the department in performing the department's duties under this
37	37	chapter.
38	38	(c) The portion of a fee that remains after remittance under
39	39	Subsection (b) may be retained by the local law enforcement
40	40	authority collecting the fee and used only to defray the costs
41	41	incurred by the authority in performing the authority's duties
42	42	under this chapter.
43	43	(d) A local law enforcement authority shall keep records of
44	44	any fees collected under this article.
45	45	SECTION 2. Article 62.052(a), Code of Criminal Procedure,
46	46	is amended to read as follows:
47	47	(a) An extrajurisdictional registrant is required to:
48	48	(1) comply with the annual verification requirements
49	49	of Article 62.058 in the same manner as a person who is required to
50	50	verify registration on the basis of a reportable conviction or
51	51	adjudication; and
52	52	(2) pay fees under Article 62.063 in the same manner
53	53	and in the same amount as a person who is required to pay those fees
54	54	on the basis of a reportable conviction or adjudication.
55	55	SECTION 3. Article 62.053(a), Code of Criminal Procedure,
56	56	is amended to read as follows:
57	57	(a) Before a person who will be subject to registration
58	58	under this chapter is due to be released from a penal institution,
59	59	the Texas Department of Criminal Justice or the Texas Youth
60	60	Commission shall determine the person's level of risk to the
61	61	community using the sex offender screening tool developed or
62	62	selected under Article 62.007 and assign to the person a numeric
63	63	risk level of one, two, or three. Before releasing the person, an
64	64	official of the penal institution shall:
65	65	(1) inform the person that:
66	66	(A) not later than the later of the seventh day
67	67	after the date on which the person is released or after the date on
68	68	which the person moves from a previous residence to a new residence
69	69	in this state or not later than the later of the first date the
70	70	applicable local law enforcement authority by policy allows the
71	71	person to register or verify registration, the person
72	72	must register or verify registration with the local law
73	73	enforcement authority in the municipality or county in which the
74	74	person intends to reside;
75	75	(B) not later than the seventh day after the date
76	76	on which the person is released or the date on which the person
77	77	moves from a previous residence to a new residence in this state,
78	78	the person must, if the person has not moved to an intended
79	79	residence, report to the juvenile probation officer, community
80	80	supervision and corrections department officer, or parole officer
81	81	supervising the person;
82	82	(C) not later than the seventh day before the
83	83	date on which the person moves to a new residence in this state or
84	84	another state, the person must report in person to the local law
85	85	enforcement authority designated as the person's primary
86	86	registration authority by the department and to the juvenile
87	87	probation officer, community supervision and corrections
88	88	department officer, or parole officer supervising the person;
89	89	(D) not later than the 10th day after the date on
90	90	which the person arrives in another state in which the person
91	91	intends to reside, the person must register with the law
92	92	enforcement agency that is identified by the department as the
93	93	agency designated by that state to receive registration
94	94	information, if the other state has a registration requirement for
95	95	sex offenders;
96	96	(E) not later than the 30th day after the date on
97	97	which the person is released, the person must apply to the
98	98	department in person for the issuance of an original or renewal
99	99	driver's license or personal identification certificate and a
100	100	failure to apply to the department as required by this paragraph
101	101	results in the automatic revocation of any driver's license or
102	102	personal identification certificate issued by the department to the
103	103	person; [and]
104	104	(F) the person must notify appropriate entities
105	105	of any change in status as described by Article 62.057; and
106	106	(G) the person may be required to pay the
107	107	applicable fees described by Article 62.063;
108	108	(2) require the person to sign a written statement
109	109	that the person was informed of the person's duties as described by
110	110	Subdivision (1) or Subsection (g) or, if the person refuses to sign
111	111	the statement, certify that the person was so informed;
112	112	(3) obtain the address where the person expects to
113	113	reside on the person's release and other registration information,
114	114	including a photograph and complete set of fingerprints; and
115	115	(4) complete the registration form for the person.
116	116	SECTION 4. Article 62.055, Code of Criminal Procedure, is
117	117	amended by adding Subsection (i) to read as follows:
118	118	(i) A person who reports to the person's primary
119	119	registration authority or another local law enforcement authority
120	120	as required by Subsection (a) shall pay to the authority each
121	121	applicable fee that the authority requires the person to pay under
122	122	Article 62.063, in the amount and at the time that is designated by
123	123	the authority.
124	124	SECTION 5. Article 62.058, Code of Criminal Procedure, is
125	125	amended by adding Subsection (f) to read as follows:
126	126	(f) A person who reports to the person's primary
127	127	registration authority as required by Subsection (a) shall pay to
128	128	the authority each applicable fee that the authority requires the
129	129	person to pay under Article 62.063, in the amount and at the time
130	130	that is designated by the authority.
131	131	SECTION 6. Article 62.202, Code of Criminal Procedure, is
132	132	amended by adding Subsection (c) to read as follows:
133	133	(c) A person who reports to the person's primary
134	134	registration authority as required by Subsection (a) shall pay to
135	135	the authority each applicable fee that the authority requires the
136	136	person to pay under Article 62.063, in the amount and at the time
137	137	that is designated by the authority.
138	138	SECTION 7. The changes in law made by this Act in amending
139	139	Chapter 62, Code of Criminal Procedure, apply to a person subject to
140	140	Chapter 62, Code of Criminal Procedure, for an offense committed or
141	141	conduct engaged in before, on, or after the effective date of this
142	142	Act.
143	143	SECTION 8. This Act takes effect September 1, 2009.