Texas 2011 - 82nd Regular

Texas House Bill HB1552 Compare Versions

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1	1	82R14362 KEL-F
2	2	By: Madden H.B. No. 1552
3	3	Substitute the following for H.B. No. 1552:
4	4	By: Hunter C.S.H.B. No. 1552
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the monitoring of and the provision of certain
10	10	information regarding certain high-risk sex offenders.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Subchapter A, Chapter 62, Code of Criminal
13	13	Procedure, is amended by adding Article 62.0052 to read as follows:
14	14	Art. 62.0052. ELECTRONIC MAIL REPORTS FOR STATE
15	15	LEGISLATORS. (a) The department shall maintain an electronic mail
16	16	report service to which a member of the house of representatives or
17	17	the senate of this state may electronically subscribe.
18	18	(b) The electronic mail report service maintained under
19	19	Subsection (a) must:
20	20	(1) allow a subscribing representative or senator to
21	21	request for each zip code any portion of which is located in the
22	22	representative's or senator's district notification of:
23	23	(A) the release from a penal institution or
24	24	placement on deferred adjudication community supervision,
25	25	community supervision, or juvenile probation of a person who
26	26	expects to reside or resides in that zip code and is required to
27	27	register under this chapter; and
28	28	(B) any change in address of a person who expects
29	29	to reside or resides in that zip code and is required to register
30	30	under this chapter; and
31	31	(2) not less frequently than monthly, deliver to the
32	32	subscribing representative or senator a report containing the
33	33	information described by Subdivision (1).
34	34	(c) The department must include any public information
35	35	described by Article 62.005 in an electronic mail report sent to a
36	36	subscribing representative or senator.
37	37	SECTION 2. Subchapter B, Chapter 62, Code of Criminal
38	38	Procedure, is amended by adding Article 62.0531 to read as follows:
39	39	Art. 62.0531. DETERMINATION OF PREDATORY RISK LEVEL. (a)
40	40	In this article, "sexually predatory conduct" means conduct that is
41	41	engaged in for the purpose of victimization and that:
42	42	(1) is directed toward a stranger, a person of casual
43	43	acquaintance with whom no substantial relationship exists, or a
44	44	person with whom a relationship has been established or promoted
45	45	for the purpose of victimization; and
46	46	(2) violates:
47	47	(A) Section 21.11(a)(1), 22.011, or 22.021,
48	48	Penal Code;
49	49	(B) Section 43.25, Penal Code;
50	50	(C) Section 20.04(a)(4), Penal Code, if the
51	51	conduct is committed with the intent to violate or abuse the victim
52	52	of the conduct sexually; or
53	53	(D) Section 30.02, Penal Code, if the conduct is
54	54	punishable under Subsection (d) of that section and is committed
55	55	with the intent to engage in conduct described by Paragraph (A) or
56	56	(C).
57	57	(b) In addition to assigning to a person a numeric risk
58	58	level of one, two, or three under Article 62.053(a), before a person
59	59	who will be subject to registration under this chapter and who will
60	60	be described by Article 62.063(b) on or after release is due to be
61	61	released from a penal institution, the Texas Department of Criminal
62	62	Justice or the Texas Youth Commission, as applicable, using the
63	63	dynamic risk assessment tool developed or adopted by the Council on
64	64	Sex Offender Treatment under Section 110.164, Occupations Code,
65	65	shall:
66	66	(1) determine the likelihood that the person will
67	67	engage in sexually predatory conduct after being released from the
68	68	institution; and
69	69	(2) assign to the person a predatory risk level of low,
70	70	medium, or high.
71	71	SECTION 3. Subchapter B, Chapter 62, Code of Criminal
72	72	Procedure, is amended by adding Article 62.063 to read as follows:
73	73	Art. 62.063. MONITORING OF CERTAIN HIGH-RISK REGISTRANTS.
74	74	(a) In this article, "monitoring system" means an electronic
75	75	monitoring service, global positioning satellite service, or other
76	76	appropriate technological service that is designed to track a
77	77	person's location.
78	78	(b) This article applies only to a person 18 years of age or
79	79	older who is released from a penal institution, who is required to
80	80	register under this chapter as the result of a reportable
81	81	conviction or adjudication, and who:
82	82	(1) is not under the supervision and control of:
83	83	(A) the Texas Youth Commission;
84	84	(B) a community supervision and corrections
85	85	department; or
86	86	(C) the parole division of the Texas Department
87	87	of Criminal Justice; or
88	88	(2) has not been civilly committed under Chapter 841,
89	89	Health and Safety Code.
90	90	(c) A person described by Subsection (b) who, under Article
91	91	62.0531, is assigned a predatory risk level of high shall
92	92	participate in any monitoring system program implemented under
93	93	Subsection (d). A person's duty to participate in the program
94	94	expires on the third anniversary of the date the person is released
95	95	from the penal institution.
96	96	(d) Subject to the receipt of one or more grants awarded by
97	97	the criminal justice division of the governor's office, the
98	98	department shall implement and coordinate a monitoring system
99	99	program that tracks the location of persons subject to this
100	100	article. A monitoring system program implemented under this
101	101	subsection must require:
102	102	(1) the department to provide to each local law
103	103	enforcement authority designated as the primary registration
104	104	authority under this chapter for a person subject to this article
105	105	monitoring system equipment that is sufficient to track the
106	106	location of the person;
107	107	(2) each local law enforcement authority designated as
108	108	a person's primary registration authority under this chapter to
109	109	use the monitoring system equipment provided under Subdivision (1)
110	110	to verify the authenticity of any geographically verifiable
111	111	information contained in the registration form of a person subject
112	112	to this article, including the person's residence; and
113	113	(3) the manufacturer or vendor of the monitoring
114	114	system equipment provided to a local law enforcement authority
115	115	under Subdivision (1) to provide training and technological support
116	116	to the authority with respect to the equipment.
117	117	(e) A monitoring system that is part of a monitoring system
118	118	program described by Subsection (d) must track a person's location
119	119	and periodically provide a cumulative report of the tracked
120	120	person's location to the department. The monitoring system is not
121	121	required to be capable of tracking a person's location in real time
122	122	or providing a real-time report of the person's location to the
123	123	department.
124	124	(f) A person who is not indigent and who is required to
125	125	participate in a monitoring system program described by Subsection
126	126	(d) is responsible for the cost of the monitoring system and monthly
127	127	shall pay to the person's primary registration authority and to the
128	128	department the amount that the primary registration authority or
129	129	department, as applicable, determines is necessary to defray that
130	130	entity's cost of operating the system with respect to the person
131	131	during the preceding month.
132	132	(g) In the manner prescribed by the criminal justice
133	133	division of the governor's office, the department shall report to
134	134	the division the amounts of any money received by the department
135	135	under Subsection (f). The division shall treat that money as
136	136	program income for the department and shall use the reported
137	137	amounts to offset the amounts of grants awarded by the division to
138	138	the department.
139	139	(h) The public safety director of the department shall adopt
140	140	rules as necessary to implement and coordinate the monitoring
141	141	system program described by Subsection (d).
142	142	(i) Notwithstanding any other provision of this article,
143	143	this article does not apply to a person who is released from a penal
144	144	institution before the date that the monitoring system program is
145	145	implemented and becomes fully operational.
146	146	SECTION 4. Section 110.164(a), Occupations Code, is amended
147	147	to read as follows:
148	148	(a) The council shall develop or adopt a dynamic risk
149	149	assessment tool to be used in determining the likelihood that a
150	150	person who is confined in a penal institution and will become
151	151	subject to Chapter 62, Code of Criminal Procedure, on being
152	152	released from the institution will:
153	153	(1) engage in sexually predatory conduct; or
154	154	(2) otherwise commit an offense described by Article
155	155	62.001(5), Code of Criminal Procedure[, after being released from
156	156	the institution].
157	157	SECTION 5. The Department of Public Safety shall ensure
158	158	that the electronic mail report service required to be maintained
159	159	under Article 62.0052, Code of Criminal Procedure, as added by this
160	160	Act, becomes fully functional and able to receive subscription
161	161	requests and shall begin to respond appropriately to those requests
162	162	not later than January 1, 2012.
163	163	SECTION 6. (a) Not later than September 15, 2011, the
164	164	Department of Public Safety shall issue a request for
165	165	qualifications or proposal for the purchase of any monitoring
166	166	system equipment necessary to operate the monitoring system program
167	167	described by Article 62.063, Code of Criminal Procedure, as added
168	168	by this Act. The department may consider only those responses to
169	169	the request for qualifications or proposal that are received from,
170	170	and may only contract with, a manufacturer of the monitoring system
171	171	equipment.
172	172	(b) The selection process through which the Department of
173	173	Public Safety chooses a manufacturer with which to contract under
174	174	Subsection (a) of this section must include side-by-side test
175	175	comparisons of all products being considered. In awarding a
176	176	contract under Subsection (a) of this section, the department may
177	177	not give greater weight to cost considerations than to
178	178	considerations concerning the product test results, product
179	179	reliability and functionality, and the protection of public safety.
180	180	(c) Subject to the receipt of one or more grants awarded by
181	181	the criminal justice division of the governor's office, the
182	182	Department of Public Safety shall ensure that the monitoring system
183	183	program required under Article 62.063, Code of Criminal Procedure,
184	184	as added by this Act, becomes fully operational not later than
185	185	February 29, 2012.
186	186	SECTION 7. This Act takes effect immediately if it receives
187	187	a vote of two-thirds of all the members elected to each house, as
188	188	provided by Section 39, Article III, Texas Constitution. If this
189	189	Act does not receive the vote necessary for immediate effect, this
190	190	Act takes effect September 1, 2011.