Texas 2011 - 82nd Regular

Texas House Bill HB3001 Compare Versions

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1	1	82R7464 KEL-D
2	2	By: Thompson H.B. No. 3001
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the electronic monitoring of certain high-risk sex
8	8	offenders; providing a penalty.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Chapter 42, Code of Criminal Procedure, is
11	11	amended by adding Article 42.0155 to read as follows:
12	12	Art. 42.0155. FINDING REGARDING HIGH-RISK SEX OFFENDER.
13	13	(a) This article applies only to an offense under:
14	14	(1) Section 21.02, 21.11(a)(1), 22.011, or 22.021,
15	15	Penal Code;
16	16	(2) Section 43.25, Penal Code;
17	17	(3) Section 20.04(a)(4), Penal Code, if the conduct is
18	18	committed with the intent to violate or abuse the victim of the
19	19	conduct sexually; or
20	20	(4) Section 30.02, Penal Code, if the conduct is
21	21	punishable under Subsection (d) of that section and is committed
22	22	with the intent to commit an offense listed in Subdivision (1) or
23	23	(2).
24	24	(b) In the trial of an offense to which this article
25	25	applies, the court shall make an affirmative finding of fact and
26	26	enter the affirmative finding in the judgment in the case if the
27	27	court determines by a preponderance of the evidence that the
28	28	defendant is highly likely to commit a subsequent offense to which
29	29	this article applies during a time at which the defendant is not
30	30	confined in a penal institution.
31	31	SECTION 2. Title 1, Code of Criminal Procedure, is amended
32	32	by adding Chapter 61A to read as follows:
33	33	CHAPTER 61A. ELECTRONIC MONITORING OF
34	34	CERTAIN HIGH-RISK SEX OFFENDERS
35	35	Art. 61A.01. DEFINITIONS. In this chapter:
36	36	(1) "Department" means the Department of Public
37	37	Safety.
38	38	(2) "Local law enforcement authority" has the meaning
39	39	assigned by Article 62.001.
40	40	(3) "Monitoring system" means an electronic
41	41	monitoring service, global positioning satellite service, or other
42	42	appropriate technological service that is designed to track a
43	43	person's location.
44	44	(4) "Penal institution" means a confinement facility
45	45	operated by or under contract with any division of the Texas
46	46	Department of Criminal Justice.
47	47	Art. 61A.02. MONITORING OF CERTAIN HIGH-RISK SEX OFFENDERS.
48	48	(a) This article applies only to a person who is discharged from a
49	49	penal institution, who has been convicted of an offense for which
50	50	the judgment in the case contains an affirmative finding under
51	51	Article 42.0155, and who:
52	52	(1) is not under the supervision of the parole
53	53	division of the Texas Department of Criminal Justice; or
54	54	(2) has not been civilly committed under Chapter 841,
55	55	Health and Safety Code.
56	56	(b) A person described by Subsection (a) shall participate
57	57	in any monitoring system program implemented under Subsection (c).
58	58	(c) The department shall implement and coordinate a
59	59	monitoring system program that tracks the location of persons
60	60	subject to this chapter. A monitoring system program implemented
61	61	under this subsection must require:
62	62	(1) for each person subject to this chapter, the
63	63	department to provide monitoring system equipment, sufficient to
64	64	track the person's location, to the local law enforcement authority
65	65	designated as the person's primary registration authority under
66	66	Chapter 62;
67	67	(2) the local law enforcement authority designated as
68	68	a person's primary registration authority under Chapter 62 to use
69	69	the monitoring system equipment provided under Subdivision (1) to
70	70	verify the authenticity of any geographically verifiable
71	71	information, including residence, contained in a sex offender
72	72	registration form submitted by the person to that authority under
73	73	Article 62.051; and
74	74	(3) the manufacturer or vendor of the monitoring
75	75	system equipment provided to a local law enforcement authority
76	76	under Subdivision (1) to provide training and technological support
77	77	to the authority with respect to the equipment.
78	78	(d) A monitoring system that is part of a monitoring system
79	79	program described by Subsection (c) must track a person's location
80	80	and periodically provide a cumulative report of the tracked
81	81	person's location to the department. The monitoring system is not
82	82	required to be capable of tracking a person's location in real time
83	83	or providing a real-time report of the person's location to the
84	84	department.
85	85	(e) A person who is not indigent and who is required to
86	86	participate in a monitoring system program described by Subsection
87	87	(c) is responsible for the cost of the monitoring system and monthly
88	88	shall pay to the person's primary registration authority and to the
89	89	department the amount that the primary registration authority or
90	90	department, as applicable, determines is necessary to defray that
91	91	entity's cost of operating the system with respect to the person
92	92	during the preceding month.
93	93	(f) The public safety director of the department shall adopt
94	94	rules as necessary to implement and coordinate the monitoring
95	95	system program described by Subsection (c).
96	96	Art. 61A.03. EXEMPTION FROM MONITORING FOR CERTAIN SEX
97	97	OFFENDERS. (a) Beginning on the 10th anniversary of the person's
98	98	discharge from a penal institution, completion of a parole period,
99	99	or participation in an early release from supervision program under
100	100	Section 508.155(c), Government Code, whichever is latest, but not
101	101	more than once during each calendar year, a person required to
102	102	register under this chapter may petition the court having
103	103	jurisdiction over the case for an order exempting the person from
104	104	participating in a monitoring system program under this chapter.
105	105	(b) After a hearing on the petition described by Subsection
106	106	(a), the court may issue an order exempting the person from
107	107	participating in a monitoring system program under this chapter if
108	108	the court finds by a preponderance of the evidence that an exemption
109	109	would not constitute a threat to public safety.
110	110	(c) An order exempting the person from participating in a
111	111	monitoring system program under this chapter does not expire,
112	112	except that the court may withdraw the order if after the order is
113	113	issued:
114	114	(1) the person is convicted of an offense listed in
115	115	Article 62.001; or
116	116	(2) at a hearing, the court finds by a preponderance of
117	117	the evidence that the continuation of an exemption order issued
118	118	under Subsection (b) would constitute a threat to public safety.
119	119	Art. 61A.04. FAILURE TO COMPLY WITH MONITORING
120	120	REQUIREMENTS. (a) A person commits an offense if the person who is
121	121	subject to this chapter fails to participate in a monitoring system
122	122	program implemented under this chapter.
123	123	(b) An offense under this article is a felony of the third
124	124	degree.
125	125	Art. 61A.05. FUNDING. The department may solicit and
126	126	accept a gift, grant, or donation from any source, including a
127	127	foundation, private entity, governmental entity, or institution of
128	128	higher education, to help fund the implementation of a monitoring
129	129	system program under this chapter.
130	130	SECTION 3. (a) Not later than September 15, 2011, the
131	131	Department of Public Safety of the State of Texas shall issue a
132	132	request for qualifications or proposal for the purchase of any
133	133	monitoring system equipment necessary to operate the monitoring
134	134	system program described by Chapter 61A, Code of Criminal
135	135	Procedure, as added by this Act. The department may consider only
136	136	those responses to the request for qualifications or proposal that
137	137	are received from, and may only contract with, a manufacturer of the
138	138	monitoring system equipment.
139	139	(b) The selection process through which the Department of
140	140	Public Safety chooses a manufacturer with which to contract under
141	141	Subsection (a) of this section must include side-by-side test
142	142	comparisons of all products being considered. In awarding a
143	143	contract under Subsection (a) of this section, the department may
144	144	not give greater weight to cost considerations than to
145	145	considerations concerning the product test results, product
146	146	reliability and functionality, and the protection of public safety.
147	147	SECTION 4. (a) Article 42.0155, Code of Criminal
148	148	Procedure, as added by this Act, applies only to a judgment of
149	149	conviction entered for an offense committed on or after the
150	150	effective date of this Act.
151	151	(b) The change in law made by this Act in adding Chapter 61A,
152	152	Code of Criminal Procedure, applies only to an offense committed on
153	153	or after the effective date of this Act.
154	154	(c) An offense committed before the effective date of this
155	155	Act is covered by the law in effect when the offense was committed,
156	156	and the former law is continued in effect for that purpose. For the
157	157	purposes of this section, an offense was committed before the
158	158	effective date of this Act if any element of the offense was
159	159	committed before that date.
160	160	SECTION 5. This Act takes effect September 1, 2011.