Texas 2009 - 81st Regular

Texas Senate Bill SB1981 Compare Versions

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

Old	New	Differences
1	1	81R8560 PEP-F
2	2	By: Patrick, Dan S.B. No. 1981
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the proximity of certain sex offenders' residences to a
8	8	school.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Article 62.053(a), Code of Criminal Procedure,
11	11	is amended to read as follows:
12	12	(a) Before a person who will be subject to registration
13	13	under this chapter is due to be released from a penal institution,
14	14	the Texas Department of Criminal Justice or the Texas Youth
15	15	Commission shall determine the person's level of risk to the
16	16	community using the sex offender screening tool developed or
17	17	selected under Article 62.007 and assign to the person a numeric
18	18	risk level of one, two, or three. Before releasing the person, an
19	19	official of the penal institution shall:
20	20	(1) inform the person that:
21	21	(A) not later than the later of the seventh day
22	22	after the date on which the person is released or after the date on
23	23	which the person moves from a previous residence to a new residence
24	24	in this state or not later than the later of the first date the
25	25	applicable local law enforcement authority by policy allows the
26	26	person to register or verify registration, the person must register
27	27	or verify registration with the local law enforcement authority in
28	28	the municipality or county in which the person intends to reside;
29	29	(B) not later than the seventh day after the date
30	30	on which the person is released or the date on which the person
31	31	moves from a previous residence to a new residence in this state,
32	32	the person must, if the person has not moved to an intended
33	33	residence, report to the juvenile probation officer, community
34	34	supervision and corrections department officer, or parole officer
35	35	supervising the person;
36	36	(C) not later than the seventh day before the
37	37	date on which the person moves to a new residence in this state or
38	38	another state, the person must report in person to the local law
39	39	enforcement authority designated as the person's primary
40	40	registration authority by the department and to the juvenile
41	41	probation officer, community supervision and corrections
42	42	department officer, or parole officer supervising the person;
43	43	(D) not later than the 10th day after the date on
44	44	which the person arrives in another state in which the person
45	45	intends to reside, the person must register with the law
46	46	enforcement agency that is identified by the department as the
47	47	agency designated by that state to receive registration
48	48	information, if the other state has a registration requirement for
49	49	sex offenders;
50	50	(E) not later than the 30th day after the date on
51	51	which the person is released, the person must apply to the
52	52	department in person for the issuance of an original or renewal
53	53	driver's license or personal identification certificate and a
54	54	failure to apply to the department as required by this paragraph
55	55	results in the automatic revocation of any driver's license or
56	56	personal identification certificate issued by the department to the
57	57	person; [and]
58	58	(F) the person must notify appropriate entities
59	59	of any change in status as described by Article 62.057; and
60	60	(G) if subject to the prohibition described by
61	61	Article 62.065, the person may not reside within 1,000 feet of the
62	62	premises of a school;
63	63	(2) require the person to sign a written statement
64	64	that the person was informed of the person's duties as described by
65	65	Subdivision (1) or Subsection (g) or, if the person refuses to sign
66	66	the statement, certify that the person was so informed;
67	67	(3) obtain the address where the person expects to
68	68	reside on the person's release and other registration information,
69	69	including a photograph and complete set of fingerprints; and
70	70	(4) complete the registration form for the person.
71	71	SECTION 2. Article 62.058, Code of Criminal Procedure, is
72	72	amended by adding Subsection (f) to read as follows:
73	73	(f) If appropriate, a local law enforcement authority that
74	74	provides a person with a registration form for verification as
75	75	required by this chapter shall include with the form a statement
76	76	that the person is prohibited from residing within 1,000 feet of the
77	77	premises of a school.
78	78	SECTION 3. Subchapter B, Chapter 62, Code of Criminal
79	79	Procedure, is amended by adding Article 62.065 to read as follows:
80	80	Art. 62.065. PROHIBITED LOCATION OF RESIDENCE. (a) In this
81	81	article, "premises" and "school" have the meanings assigned by
82	82	Section 481.134, Health and Safety Code.
83	83	(b) A person subject to registration under this chapter
84	84	because of one or more reportable convictions or adjudications for
85	85	a sexually violent offense involving a victim younger than 17 years
86	86	of age may not reside within 1,000 feet of the premises of a school,
87	87	as measured in a direct line from the boundary of the residence to
88	88	the boundary of the school premises.
89	89	(c) The requirement of this article is in addition to any
90	90	requirement associated with the imposition of a child safety zone
91	91	on the person under Section 508.187 or 508.225, Government Code,
92	92	Section 13B or 13D, Article 42.12, or other law.
93	93	SECTION 4. The changes in law made by this Act apply to any
94	94	person who, on or after the effective date of this Act, is subject
95	95	to registration under Chapter 62, Code of Criminal Procedure,
96	96	regardless of whether the offense or conduct for which the person is
97	97	subject to registration occurs before, on, or after the effective
98	98	date of this Act.
99	99	SECTION 5. This Act takes effect September 1, 2009.