81R535 KCR-D
By: Flynn H.B. No. 79
A BILL TO BE ENTITLED
AN ACT
relating to the payment of certain fees by sex offenders and the use
of those fees for certain law enforcement purposes.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter B, Chapter 62, Code of Criminal
Procedure, is amended by adding Article 62.063 to read as follows:
Art. 62.063. LOCAL LAW ENFORCEMENT AUTHORITY FEE. (a) A
local law enforcement authority may charge and collect from a
person required to register under this chapter the following fees:
(1) a fee in an amount not to exceed $50, to be charged
and collected the first time the person registers or verifies
registration with the authority under Article 62.051 or 62.052 and
annually in each year that the person, during any month of the year,
verifies registration with the authority under Article 62.052,
62.058, or 62.202; and
(2) following a change of address:
(A) a fee in an amount not to exceed $50, to be
charged and collected the first time the person reports to the
authority under Article 62.055, if at the time of the change of
address the authority has not yet been designated as the person's
primary registration authority; or
(B) a fee in an amount not to exceed $5, to be
charged and collected the first time the person reports to the
authority under Article 62.055, if at the time of the change of
address the authority is designated as the person's primary
registration authority.
(b) Not less than 90 percent of a fee collected under
Subsection (a) shall be remitted to the comptroller of public
accounts in the manner directed by the comptroller. Fees remitted
under this subsection may be used only to defray the costs incurred
by the department in performing the department's duties under this
chapter.
(c) The portion of a fee that remains after remittance under
Subsection (b) may be retained by the local law enforcement
authority collecting the fee and used only to defray the costs
incurred by the authority in performing the authority's duties
under this chapter.
(d) A local law enforcement authority shall keep records of
any fees collected under this article.
SECTION 2. Article 62.052(a), Code of Criminal Procedure,
is amended to read as follows:
(a) An extrajurisdictional registrant is required to:
(1) 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; and
(2) pay fees under Article 62.063 in the same manner
and in the same amount as a person who is required to pay those fees
on the basis of a reportable conviction or adjudication.
SECTION 3. 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) the person may be required to pay the
applicable fees described by Article 62.063;
(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 4. Article 62.055, Code of Criminal Procedure, is
amended by adding Subsection (i) to read as follows:
(i) A person who reports to the person's primary
registration authority or another local law enforcement authority
as required by Subsection (a) shall pay to the authority each
applicable fee that the authority requires the person to pay under
Article 62.063, in the amount and at the time that is designated by
the authority.
SECTION 5. Article 62.058, Code of Criminal Procedure, is
amended by adding Subsection (f) to read as follows:
(f) A person who reports to the person's primary
registration authority as required by Subsection (a) shall pay to
the authority each applicable fee that the authority requires the
person to pay under Article 62.063, in the amount and at the time
that is designated by the authority.
SECTION 6. Article 62.202, Code of Criminal Procedure, is
amended by adding Subsection (c) to read as follows:
(c) A person who reports to the person's primary
registration authority as required by Subsection (a) shall pay to
the authority each applicable fee that the authority requires the
person to pay under Article 62.063, in the amount and at the time
that is designated by the authority.
SECTION 7. The changes in law made by this Act in amending
Chapter 62, Code of Criminal Procedure, apply to a person subject to
Chapter 62, Code of Criminal Procedure, for an offense committed or
conduct engaged in before, on, or after the effective date of this
Act.
SECTION 8. This Act takes effect September 1, 2009.