By: Williams S.B. No. 2048
(In the Senate - Filed March 12, 2009; March 31, 2009, read
first time and referred to Committee on Criminal Justice;
April 28, 2009, reported favorably by the following vote: Yeas 6,
Nays 0; April 28, 2009, sent to printer.)
A BILL TO BE ENTITLED
AN ACT
relating to the establishment of a centralized sex offender
registration authority in certain counties in this state.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 62.001, Code of Criminal Procedure, is
amended by amending Subdivision (2) and adding Subdivision (11) to
read as follows:
(2) "Local law enforcement authority" means, as
applicable, the chief of police of a municipality, [or] the sheriff
of a county in this state, or a centralized registration authority.
(11) "Centralized registration authority" means a
mandatory countywide registration location designated under
Article 62.0045.
SECTION 2. Article 62.004, Code of Criminal Procedure, is
amended by amending Subsection (a) and adding Subsection (a-1) to
read as follows:
(a) Except as provided by Subsection (a-1), for [For] each
person subject to registration under this chapter, the department
shall determine which local law enforcement authority serves as the
person's primary registration authority based on the municipality
or county in which the person resides or, as provided by Article
62.152, the municipality or county in which the person works or
attends school.
(a-1) Notwithstanding any other provision of this chapter,
if a person resides or, as described by Article 62.152, works or
attends school in a county with a centralized registration
authority, the centralized registration authority serves as the
person's primary registration authority under this chapter,
regardless of whether the person resides, works, or attends school,
as applicable, in any municipality located in that county.
SECTION 3. Subchapter A, Chapter 62, Code of Criminal
Procedure, is amended by adding Article 62.0045 to read as follows:
Art. 62.0045. CENTRALIZED REGISTRATION AUTHORITY.
(a) The commissioners court in a county with a population of
100,000 or more may designate the office of the sheriff of the
county or may, through interlocal agreement, designate the office
of a chief of police of a municipality in that county to serve as a
mandatory countywide registration location for persons subject to
this chapter.
(b) Notwithstanding any other provision of this chapter, a
person who is subject to this chapter shall register under Article
62.051 or verify registration under Article 62.058 only with the
centralized registration authority for the county, regardless of
whether the person resides in any municipality located in that
county. If the person resides in a municipality, and the local law
enforcement authority in the municipality does not serve as the
person's centralized registration authority, the centralized
registration authority, not later than the third day after the date
the person registers or verifies registration with that authority,
shall provide to the local law enforcement authority in that
municipality notice of the person's registration or verification of
registration, as applicable, with the centralized registration
authority.
SECTION 4. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2009.
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