Texas 2009 - 81st Regular

Texas Senate Bill SB2048 Compare Versions

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1	1	S.B. No. 2048
2	2
3	3
4	4	AN ACT
5	5	relating to the establishment of a centralized sex offender
6	6	registration authority in certain counties in this state.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	SECTION 1. Article 62.001, Code of Criminal Procedure, is
9	9	amended by amending Subdivision (2) and adding Subdivision (11) to
10	10	read as follows:
11	11	(2) "Local law enforcement authority" means, as
12	12	applicable, the chief of police of a municipality, [or] the sheriff
13	13	of a county in this state, or a centralized registration authority.
14	14	(11) "Centralized registration authority" means a
15	15	mandatory countywide registration location designated under
16	16	Article 62.0045.
17	17	SECTION 2. Article 62.004, Code of Criminal Procedure, is
18	18	amended by amending Subsection (a) and adding Subsection (a-1) to
19	19	read as follows:
20	20	(a) Except as provided by Subsection (a-1), for [For] each
21	21	person subject to registration under this chapter, the department
22	22	shall determine which local law enforcement authority serves as the
23	23	person's primary registration authority based on the municipality
24	24	or county in which the person resides or, as provided by Article
25	25	62.152, the municipality or county in which the person works or
26	26	attends school.
27	27	(a-1) Notwithstanding any other provision of this chapter,
28	28	if a person resides or, as described by Article 62.152, works or
29	29	attends school in a county with a centralized registration
30	30	authority, the centralized registration authority serves as the
31	31	person's primary registration authority under this chapter,
32	32	regardless of whether the person resides, works, or attends school,
33	33	as applicable, in any municipality located in that county.
34	34	SECTION 3. Subchapter A, Chapter 62, Code of Criminal
35	35	Procedure, is amended by adding Article 62.0045 to read as follows:
36	36	Art. 62.0045. CENTRALIZED REGISTRATION AUTHORITY.
37	37	(a) The commissioners court in a county with a population of
38	38	100,000 or more may designate the office of the sheriff of the
39	39	county or may, through interlocal agreement, designate the office
40	40	of a chief of police of a municipality in that county to serve as a
41	41	mandatory countywide registration location for persons subject to
42	42	this chapter.
43	43	(b) Notwithstanding any other provision of this chapter, a
44	44	person who is subject to this chapter shall register under Article
45	45	62.051 or verify registration under Article 62.058 only with the
46	46	centralized registration authority for the county, regardless of
47	47	whether the person resides in any municipality located in that
48	48	county. If the person resides in a municipality, and the local law
49	49	enforcement authority in the municipality does not serve as the
50	50	person's centralized registration authority, the centralized
51	51	registration authority, not later than the third day after the date
52	52	the person registers or verifies registration with that authority,
53	53	shall provide to the local law enforcement authority in that
54	54	municipality notice of the person's registration or verification of
55	55	registration, as applicable, with the centralized registration
56	56	authority.
57	57	SECTION 4. This Act takes effect immediately if it receives
58	58	a vote of two-thirds of all the members elected to each house, as
59	59	provided by Section 39, Article III, Texas Constitution. If this
60	60	Act does not receive the vote necessary for immediate effect, this
61	61	Act takes effect September 1, 2009.
62	62	______________________________ ______________________________
63	63	President of the Senate Speaker of the House
64	64	I hereby certify that S.B. No. 2048 passed the Senate on
65	65	April 30, 2009, by the following vote: Yeas 31, Nays 0.
66	66	______________________________
67	67	Secretary of the Senate
68	68	I hereby certify that S.B. No. 2048 passed the House on
69	69	May 26, 2009, by the following vote: Yeas 142, Nays 0, two
70	70	present not voting.
71	71	______________________________
72	72	Chief Clerk of the House
73	73	Approved:
74	74	______________________________
75	75	Date
76	76	______________________________
77	77	Governor