82R14362 KEL-F
By: Madden H.B. No. 1552
Substitute the following for H.B. No. 1552:
By: Hunter C.S.H.B. No. 1552
A BILL TO BE ENTITLED
AN ACT
relating to the monitoring of and the provision of certain
information regarding certain high-risk sex offenders.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter A, Chapter 62, Code of Criminal
Procedure, is amended by adding Article 62.0052 to read as follows:
Art. 62.0052. ELECTRONIC MAIL REPORTS FOR STATE
LEGISLATORS. (a) The department shall maintain an electronic mail
report service to which a member of the house of representatives or
the senate of this state may electronically subscribe.
(b) The electronic mail report service maintained under
Subsection (a) must:
(1) allow a subscribing representative or senator to
request for each zip code any portion of which is located in the
representative's or senator's district notification of:
(A) the release from a penal institution or
placement on deferred adjudication community supervision,
community supervision, or juvenile probation of a person who
expects to reside or resides in that zip code and is required to
register under this chapter; and
(B) any change in address of a person who expects
to reside or resides in that zip code and is required to register
under this chapter; and
(2) not less frequently than monthly, deliver to the
subscribing representative or senator a report containing the
information described by Subdivision (1).
(c) The department must include any public information
described by Article 62.005 in an electronic mail report sent to a
subscribing representative or senator.
SECTION 2. Subchapter B, Chapter 62, Code of Criminal
Procedure, is amended by adding Article 62.0531 to read as follows:
Art. 62.0531. DETERMINATION OF PREDATORY RISK LEVEL. (a)
In this article, "sexually predatory conduct" means conduct that is
engaged in for the purpose of victimization and that:
(1) is directed toward a stranger, a person of casual
acquaintance with whom no substantial relationship exists, or a
person with whom a relationship has been established or promoted
for the purpose of victimization; and
(2) violates:
(A) Section 21.11(a)(1), 22.011, or 22.021,
Penal Code;
(B) Section 43.25, Penal Code;
(C) Section 20.04(a)(4), Penal Code, if the
conduct is committed with the intent to violate or abuse the victim
of the conduct sexually; or
(D) Section 30.02, Penal Code, if the conduct is
punishable under Subsection (d) of that section and is committed
with the intent to engage in conduct described by Paragraph (A) or
(C).
(b) In addition to assigning to a person a numeric risk
level of one, two, or three under Article 62.053(a), before a person
who will be subject to registration under this chapter and who will
be described by Article 62.063(b) on or after release is due to be
released from a penal institution, the Texas Department of Criminal
Justice or the Texas Youth Commission, as applicable, using the
dynamic risk assessment tool developed or adopted by the Council on
Sex Offender Treatment under Section 110.164, Occupations Code,
shall:
(1) determine the likelihood that the person will
engage in sexually predatory conduct after being released from the
institution; and
(2) assign to the person a predatory risk level of low,
medium, or high.
SECTION 3. Subchapter B, Chapter 62, Code of Criminal
Procedure, is amended by adding Article 62.063 to read as follows:
Art. 62.063. MONITORING OF CERTAIN HIGH-RISK REGISTRANTS.
(a) In this article, "monitoring system" means an electronic
monitoring service, global positioning satellite service, or other
appropriate technological service that is designed to track a
person's location.
(b) This article applies only to a person 18 years of age or
older who is released from a penal institution, who is required to
register under this chapter as the result of a reportable
conviction or adjudication, and who:
(1) is not under the supervision and control of:
(A) the Texas Youth Commission;
(B) a community supervision and corrections
department; or
(C) the parole division of the Texas Department
of Criminal Justice; or
(2) has not been civilly committed under Chapter 841,
Health and Safety Code.
(c) A person described by Subsection (b) who, under Article
62.0531, is assigned a predatory risk level of high shall
participate in any monitoring system program implemented under
Subsection (d). A person's duty to participate in the program
expires on the third anniversary of the date the person is released
from the penal institution.
(d) Subject to the receipt of one or more grants awarded by
the criminal justice division of the governor's office, the
department shall implement and coordinate a monitoring system
program that tracks the location of persons subject to this
article. A monitoring system program implemented under this
subsection must require:
(1) the department to provide to each local law
enforcement authority designated as the primary registration
authority under this chapter for a person subject to this article
monitoring system equipment that is sufficient to track the
location of the person;
(2) each local law enforcement authority designated as
a person's primary registration authority under this chapter to
use the monitoring system equipment provided under Subdivision (1)
to verify the authenticity of any geographically verifiable
information contained in the registration form of a person subject
to this article, including the person's residence; and
(3) the manufacturer or vendor of the monitoring
system equipment provided to a local law enforcement authority
under Subdivision (1) to provide training and technological support
to the authority with respect to the equipment.
(e) A monitoring system that is part of a monitoring system
program described by Subsection (d) must track a person's location
and periodically provide a cumulative report of the tracked
person's location to the department. The monitoring system is not
required to be capable of tracking a person's location in real time
or providing a real-time report of the person's location to the
department.
(f) A person who is not indigent and who is required to
participate in a monitoring system program described by Subsection
(d) is responsible for the cost of the monitoring system and monthly
shall pay to the person's primary registration authority and to the
department the amount that the primary registration authority or
department, as applicable, determines is necessary to defray that
entity's cost of operating the system with respect to the person
during the preceding month.
(g) In the manner prescribed by the criminal justice
division of the governor's office, the department shall report to
the division the amounts of any money received by the department
under Subsection (f). The division shall treat that money as
program income for the department and shall use the reported
amounts to offset the amounts of grants awarded by the division to
the department.
(h) The public safety director of the department shall adopt
rules as necessary to implement and coordinate the monitoring
system program described by Subsection (d).
(i) Notwithstanding any other provision of this article,
this article does not apply to a person who is released from a penal
institution before the date that the monitoring system program is
implemented and becomes fully operational.
SECTION 4. Section 110.164(a), Occupations Code, is amended
to read as follows:
(a) The council shall develop or adopt a dynamic risk
assessment tool to be used in determining the likelihood that a
person who is confined in a penal institution and will become
subject to Chapter 62, Code of Criminal Procedure, on being
released from the institution will:
(1) engage in sexually predatory conduct; or
(2) otherwise commit an offense described by Article
62.001(5), Code of Criminal Procedure[, after being released from
the institution].
SECTION 5. The Department of Public Safety shall ensure
that the electronic mail report service required to be maintained
under Article 62.0052, Code of Criminal Procedure, as added by this
Act, becomes fully functional and able to receive subscription
requests and shall begin to respond appropriately to those requests
not later than January 1, 2012.
SECTION 6. (a) Not later than September 15, 2011, the
Department of Public Safety shall issue a request for
qualifications or proposal for the purchase of any monitoring
system equipment necessary to operate the monitoring system program
described by Article 62.063, Code of Criminal Procedure, as added
by this Act. The department may consider only those responses to
the request for qualifications or proposal that are received from,
and may only contract with, a manufacturer of the monitoring system
equipment.
(b) The selection process through which the Department of
Public Safety chooses a manufacturer with which to contract under
Subsection (a) of this section must include side-by-side test
comparisons of all products being considered. In awarding a
contract under Subsection (a) of this section, the department may
not give greater weight to cost considerations than to
considerations concerning the product test results, product
reliability and functionality, and the protection of public safety.
(c) Subject to the receipt of one or more grants awarded by
the criminal justice division of the governor's office, the
Department of Public Safety shall ensure that the monitoring system
program required under Article 62.063, Code of Criminal Procedure,
as added by this Act, becomes fully operational not later than
February 29, 2012.
SECTION 7. 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, 2011.