82R12784 T
By: Huberty H.B. No. 3598
A BILL TO BE ENTITLED
AN ACT
relating to the criminal registration procedure for a convicted
arsonist.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 62(A).001 Code of Criminal Procedure, is
amended to read as follows:
TITLE 1. CODE OF CRIMINAL PROCEDURE
CHAPTER 62(A).001 ARSONIST REGISTRATION PROGRAM
SUBCHAPTER A. GENERAL PROVISIONS
Art. 62(A).001. DEFINITIONS. In this chapter:
(1) "Department" means the Department of Public
Safety.
(2) "Local law enforcement authority" means, as
applicable, the chief of police of a municipality, the sheriff of a
county in this state, or a centralized registration authority.
(3) "Penal institution" means a confinement facility
operated by or under a contract with any division of the Texas
Department of Criminal Justice, a confinement facility operated by
or under contract with the Texas Youth Commission, or a juvenile
secure pre-adjudication or post-adjudication facility operated by
or under a local juvenile probation department, or a county jail.
(4) "Released" means discharged, paroled, placed in a
nonsecure community program for juvenile offenders, or placed on
juvenile probation, community supervision, or mandatory
supervision.
(5) "Reportable conviction or adjudication" means a
conviction or adjudication, including an adjudication of
delinquent conduct or a deferred adjudication, that, regardless of
the pendency of an appeal, is a conviction for or an adjudication
for or based on Texas Penal Code:
Sec. 28.02. ARSON. (a) A person commits an offense if the
person starts a fire, regardless of when the fire continues after
ignition, or causes an explosion with intent to destroy or damage:
(1) any vegetation, fence, or structure on open-space
land; or
(2) any building, habitation, or vehicle:
(A) knowing that it is within the limits of an
incorporated city or town;
(B) knowing that it is insured against damage or
destruction;
(C) knowing that it is subject to a mortgage or
other security interest;
(D) knowing that it is located on property
belonging to another;
(E) knowing that it has located within it
property belonging to another; or
(F) when the person is reckless about whether the
burning or explosion will endanger the life of some individual or
the safety of the property of another.
(a-1) A person commits an offense if the person recklessly
starts a fire or causes an explosion while manufacturing or
attempting to manufacture a controlled substance and the fire or
explosion damages any building, habitation, or vehicle.
(b) It is an exception to the application of Subsection
(a)(1) that the fire or explosion was a part of the controlled
burning of open-space land.
(c) It is a defense to prosecution under Subsection
(a)(2)(A) that prior to starting the fire or causing the explosion,
the actor obtained a permit or other written authorization granted
in accordance with a city ordinance, if any, regulating fires and
explosions.
(d) An offense under Subsection (a) is a felony of the
second degree, except that the offense is a felony of the first
degree if it is shown on the trial of the offense that:
(1) bodily injury or death was suffered by any person
by reason of the commission of the offense; or
(2) the property intended to be damaged or destroyed
by the actor was a habitation or a place of assembly or worship.
(e) An offense under Subsection (a-1) is a state jail
felony, except that the offense is a felony of the third degree if
it is shown on the trial of the offense that bodily injury or death
was suffered by any person by reason of the commission of the
offense.
(f) It is a felony of the third degree if a person commits an
offense under Subsection (a)(2) of this section and the person
intentionally starts a fire in or on a building, habitation, or
vehicle, with intent to damage or destroy property belonging to
recklessly causes damage to the building, habitation, or vehicle.
(g) If conduct that constitutes an offense under Subsection
(a-1) or that constitutes an offense under Subsection (f) also
constitutes an offense under another subsection of this section or
another section of this code, the actor may be prosecuted under
Subsection (a-1) or Subsection (f), under the other subsection of
this section, or under the other section of this code.
(H) a violation of the laws of another state,
federal law, the laws of a foreign country, or the Uniform Code of
Military Justice for or based on the violation of an offense
containing elements that are substantially similar to the elements
of an offense listed under Paragraph (A), (B), (C), (D), (E), (F)
and (H), but not if the violation results in a deferred
adjudication;
(I) the second violation of the laws of another
state, federal law, the laws of a foreign country, or the Uniform
Code of Military Justice for or based on the violation of an offense
containing elements that are substantially similar to the elements
of the offense of indecent exposure, but not if the second violation
results in a deferred adjudication; or
(J) a violation of Section 28.02 Penal Code.
(6) "Convicted Arsonist" means any of the following
offenses committed by a person 17 years of age or older:
(A) an offense under Section Penal Code;
(B) an offense (E) an offense under the laws of
another state, federal law, the laws of a foreign country, or the
Uniform Code of Military Justice if the offense contains elements
that are substantially similar to the elements of an offense listed
under Paragraph (A), (B), (C), or (D).
(7) "Residence" includes a residence established in
this state by a person described by Article 62.152(e).
(8) "Public or private institution of higher
education" includes a college, university, community college, or
technical or trade institute.
(9) "Authority for campus security" means the
authority with primary law enforcement jurisdiction over property
under the control of a public or private institution of higher
education, other than a local law enforcement authority.
(10) "Extrajurisdictional registrant" means a person
who:
(A) is required to register as an Arsonist under:
(i) the laws of another state with which the
department has entered into a reciprocal registration agreement;
(ii) federal law or the Uniform Code of
Military Justice; or
(iii) the laws of a foreign country; and
(B) is not otherwise required to register under
this chapter because:
(i) the person does not have a reportable
conviction for an offense under the laws of the other state, federal
law, the laws of the foreign country, or the Uniform Code of
Military Justice containing elements that are substantially
similar to the elements of an offense requiring registration under
this chapter; or
(ii) the person does not have a reportable
adjudication of delinquent conduct based on a violation of an
offense under the laws of the other state, federal law, or the laws
of the foreign country containing elements that are substantially
similar to the elements of an offense requiring registration under
this chapter.
(11) "Centralized registration authority" means a
mandatory countywide registration location designated under
Article (A) 62.0045.
(11) "Online identifier" means electronic mail
address information or a name used by a person when sending or
receiving an instant message, social networking communication, or
similar Internet communication or when participating in an Internet
chat. The term includes an assumed name, nickname, pseudonym,
moniker, or user name established by a person for use in connection
with an electronic mail address, chat or instant chat room
platform, commercial social networking site, or online
picture-sharing service.
Art. 62(A).002. APPLICABILITY OF CHAPTER. (a) This
chapter applies only to a reportable conviction or adjudication
occurring on or after September 1, 2000.
(b) Except as provided by Subsection (c), the duties imposed
on a person required to register under this chapter on the basis of
a reportable conviction or adjudication, and the corresponding
duties and powers of other entities in relation to the person
required to register on the basis of that conviction or
adjudication, are not affected by:
(1) an appeal of the conviction or adjudication; or
(2) a pardon of the conviction or adjudication.
(c) If a conviction or adjudication that is the basis of a
duty to register under this chapter is set aside on appeal by a
court or if the person required to register under this chapter on
the basis of a conviction or adjudication receives a pardon on the
basis of subsequent proof of innocence, the duties imposed on the
person by this chapter and the corresponding duties and powers of
other entities in relation to the person are terminated.
Art. 62(A).003. DETERMINATION REGARDING SUBSTANTIALLY
SIMILAR ELEMENTS OF OFFENSE. (a) For the purposes of this chapter,
the department is responsible for determining whether an offense
under the laws of another state, federal law, the laws of a foreign
country, or the Uniform Code of Military Justice contains elements
that are substantially similar to the elements of an offense under
the laws of this state.
(b) The department annually shall provide or make available
to each prosecuting attorney's office in this state:
(1) the criteria used in making a determination under
Subsection (a); and
(2) any existing record or compilation of offenses
under the laws of another state, federal law, the laws of a foreign
country, and the Uniform Code of Military Justice that the
department has already determined to contain elements that are
substantially similar to the elements of offenses under the laws of
this state.
(c) An appeal of a determination made under this article
shall be brought in a district court in Travis County.
Art. 62(A).004. DETERMINATION REGARDING PRIMARY
REGISTRATION AUTHORITY. (a) Except as provided by Subsection
(a-1), 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 (A) 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 (A) 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.
(b) The department shall notify each person subject to
registration under this chapter of the person's primary
registration authority in a timely manner.
Art. 62(A).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
(A) 62.051 or verify registration under Article (A) 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.
Art. 62(A).005. CENTRAL DATABASE; PUBLIC INFORMATION. (a)
The department shall maintain a computerized central database
containing the information required for registration under this
chapter. The department may include in the computerized central
database the numeric risk level assigned to a person under this
chapter.
(b) The information contained in the database, including
the numeric risk level assigned to a person under this chapter, is
public information, with the exception of any information:
(1) regarding the person's social security number or
driver's license number, or any home, work, or cellular telephone
number of the person;
(2) that is described by Article (A) 62.051(c)(7) or
required by the department under Article (A) 62.051(c)(8); or
(3) that would identify the county of the offense for
which the person is subject to registration.
(c) Notwithstanding Chapter 730, Transportation Code, the
department shall maintain in the database, and shall post on any
department website related to the database, any photograph of the
person that is available through the process for obtaining or
renewing a personal identification certificate or driver's license
under Section 521.103 or 521.272, Transportation Code. The
department shall update the photograph in the database and on the
website annually or as the photograph otherwise becomes available
through the renewal process for the certificate or license.
(d) A local law enforcement authority shall release public
information described under Subsection (b) to any person who
requests the information from the authority. The authority may
charge the person a fee not to exceed the amount reasonably
necessary to cover the administrative costs associated with the
authority's release of information to the person under this
subsection.
(e) The department shall provide a licensing authority with
notice of any person required to register under this chapter who
holds or seeks a license that is issued by the authority. The
department shall provide the notice required by this subsection as
the applicable licensing information becomes available through the
person's registration or verification of registration.
(f) On the written request of a licensing authority that
identifies an individual and states that the individual is an
applicant for or a holder of a license issued by the authority, the
department shall release any information described by Subsection
(a) to the licensing authority.
(g) For the purposes of Subsections (e) and (f):
(1) "License" means a license, certificate,
registration, permit, or other authorization that:
(A) is issued by a licensing authority; and
(B) a person must obtain to practice or engage in
a particular business, occupation, or profession.
(2) "Licensing authority" means a department,
commission, board, office, or other agency of the state or a
political subdivision of the state that issues a license.
(h) Not later than the third day after the date on which the
applicable information becomes available through the person's
registration or verification of registration or under Article (A)
62.058, the department shall send notice of any person required to
register under this chapter who is or will be employed, carrying on
a vocation, or a student at a public or private institution of
higher education in this state to:
(1) for an institution in this state:
(A) the authority for campus security for that
institution; or
(B) if an authority for campus security for that
institution does not exist, the local law enforcement authority of:
(i) the municipality in which the
institution is located; or
(ii) the county in which the institution is
located, if the institution is not located in a municipality; or
(2) for an institution in another state, any existing
authority for campus security at that institution.
(i) On the written request of an institution of higher
education described by Subsection (h) that identifies an individual
and states that the individual has applied to work or study at the
institution, the department shall release any information
described by Subsection (a) to the institution.
(j) The department, for law enforcement purposes, shall
release all relevant information described by Subsection (a),
including information that is not public information under
Subsection (b), to a peace officer, an employee of a local law
enforcement authority, or the attorney general on the request of
the applicable person or entity.
Art. 62(A).006. INFORMATION PROVIDED TO PEACE OFFICER ON
REQUEST. The department shall establish a procedure by which a
peace officer or employee of a law enforcement agency who provides
the department with a driver's license number, personal
identification certificate number, or license plate number is
automatically provided information as to whether the person to whom
the driver's license or personal identification certificate is
issued is required to register under this chapter or whether the
license plate number is entered in the computerized central
database under Article (A) 62.005 as assigned to a vehicle owned or
driven by a person required to register under this chapter.
Art. 62(A).008. GENERAL IMMUNITY. The following persons are
immune from liability for good faith conduct under this chapter:
(1) an employee or officer of the Texas Department of
Criminal Justice, the Texas Youth Commission, the Texas Juvenile
Probation Commission, the Department of Public Safety, the Board of
Pardons and Paroles, or a local law enforcement authority;
(2) an employee or officer of a community supervision
and corrections department or a juvenile probation department;
(3) a member of the judiciary;
Art. 62(A).009. IMMUNITY FOR RELEASE OF PUBLIC INFORMATION.
(a) The department, a penal institution, a local law enforcement
authority, or an authority for campus security may release to the
public information regarding a person required to register under
this chapter only if the information is public information under
this chapter.
(b) An individual, agency, entity, or authority is not
liable under Chapter 101, Civil Practice and Remedies Code, or any
other law for damages arising from conduct authorized by Subsection
(a).
(c) For purposes of determining liability, the release or
withholding of information by an appointed or elected officer of an
agency, entity, or authority is a discretionary act.
(d) A private primary or secondary school, public or private
institution of higher education, or administrator of a private
primary or secondary school or public or private institution of
higher education may release to the public information regarding a
person required to register under this chapter only if the
information is public information under this chapter and is
released to the administrator under Section 28.02. A private
primary or secondary school, public or private institution of
higher education, or administrator of a private primary or
secondary school or public or private institution of higher
education is not liable under any law for damages arising from
conduct authorized by this subsection.
Art. 62(A).010. RULEMAKING AUTHORITY. The Texas Department
of Criminal Justice, the Texas Youth Commission, the Texas Juvenile
Probation Commission, and the department may adopt any rule
necessary to implement this chapter.
SUBCHAPTER B. REGISTRATION AND VERIFICATION REQUIREMENTS; RELATED
NOTICE
Art. 62(A).051. REGISTRATION: GENERAL. (a) A person who has
a reportable conviction or adjudication or who is required to
register as a condition of parole, release to mandatory
supervision, or community supervision shall register or, if the
person is a person for whom registration is completed under this
chapter, verify registration as provided by Subsection (f), with
the local law enforcement authority in any municipality where the
person resides or intends to reside for more than seven days. If the
person does not reside or intend to reside in a municipality, the
person shall register or verify registration in any county where
the person resides or intends to reside for more than seven days.
The person shall satisfy the requirements of this subsection not
later than the later of:
(1) the seventh day after the person's arrival in the
municipality or county; or
(2) the first date the local law enforcement authority
of the municipality or county by policy allows the person to
register or verify registration, as applicable.
(b) The department shall provide the Texas Department of
Criminal Justice, the Texas Youth Commission, the Texas Juvenile
Probation Commission, and each local law enforcement authority,
authority for campus security, county jail, and court with a form
for registering persons required by this chapter to register.
(c) The registration form shall require:
(1) the person's full name, including each alias, the
person's date of birth, sex, race, height, weight, eye color, hair
color, social security number, driver's license number, and shoe
size, and the address at which the person resides or intends to
reside or, if the person does not reside or intend to reside at a
physical address, a detailed description of each geographical
location at which the person resides or intends to reside;
(2) a recent color photograph or, if possible, an
electronic digital image of the person and a complete set of the
person's fingerprints;
(3) the address of offense the person was convicted
of, the date of conviction, and the punishment received;
(4) an indication as to whether the person is
discharged, paroled, or released on juvenile probation, community
supervision, or mandatory supervision;
(5) an indication of each license, as defined by
Article 62.005(g), that is held or sought by the person;
(6) an indication as to whether the person is or will
be employed, carrying on a vocation, or a student at a particular
public or private institution of higher education in this state or
another state, and the name and address of that institution; and
(7) any other information required by the department.
(c) The registration form shall require:
(1) the person's full name, date of birth, sex, race,
height, weight, eye color, hair color, social security number,
driver's license number, shoe size, and home address and each alias
used by the person and any home, work, or cellular telephone number
of the person;
(2) a recent color photograph or, if possible, an
electronic digital image of the person and a complete set of the
person's fingerprints;
(3) the address of the offense the person was
convicted of, the date of conviction, and the punishment received;
(4) an indication as to whether the person is
discharged, paroled, or released on juvenile probation, community
supervision, or mandatory supervision;
(5) an indication of each license, as defined by
Article 62(A).005(g), that is held or sought by the person;
(6) an indication as to whether the person is or will
be employed, carrying on a vocation, or a student at a particular
public or private institution of higher education in this state or
another state, and the name and address of that institution;
(7) the identification of any online identifier
established or used by the person; and
(8) any other information required by the department.
(d) The registration form must contain a statement and
description of any registration duties the person has or may have
under this chapter.
(e) Not later than the third day after a person's
registering, the local law enforcement authority with whom the
person registered shall send a copy of the registration form to the
department and, if the person resides on the campus of a public or
private institution of higher education, to any authority for
campus security for that institution.
(f) Not later than the seventh day after the date on which
the person is released, a person for whom registration is completed
under this chapter shall report to the applicable local law
enforcement authority to verify the information in the registration
form received by the authority under this chapter. The authority
shall require the person to produce proof of the person's identity
and residence before the authority gives the registration form to
the person for verification. If the information in the registration
form is complete and accurate, the person shall verify registration
by signing the form. If the information is not complete or not
accurate, the person shall make any necessary additions or
corrections before signing the form.
(g) A person who is required to register or verify
registration under this chapter shall ensure that the person's
registration form is complete and accurate with respect to each
item of information required by the form in accordance with
Subsection (c).
(h) If a person subject to registration under this chapter
does not move to an intended residence by the end of the seventh day
after the date on which the person is released or the date on which
the person leaves a previous residence, the person shall:
(1) report to the juvenile probation officer,
community supervision and corrections department officer, or
parole officer supervising the person by not later than the seventh
day after the date on which the person is released or the date on
which the person leaves a previous residence, as applicable, and
provide the officer with the address of the person's temporary
residence; and
(2) continue to report to the person's supervising
officer not less than weekly during any period of time in which the
person has not moved to an intended residence and provide the
officer with the address of the person's temporary residence.
(i) If the other state has a registration requirement for
arsonists, a person who has a reportable conviction or
adjudication, who resides in this state, and who is employed,
carries on a vocation, or is a student in another state shall, not
later than the 10th day after the date on which the person begins to
work or attend school in the other state, register with the law
enforcement authority that is identified by the department as the
authority designated by that state to receive registration
information. If the person is employed, carries on a vocation, or is
a student at a public or private institution of higher education in
the other state and if an authority for campus security exists at
the institution, the person shall also register with that authority
not later than the 10th day after the date on which the person
begins to work or attend school.
(j) If a person subject to registration under this chapter
is released from a penal institution without being released to
parole or placed on any other form of supervision and the person
does not move to the address indicated on the registration form as
the person's intended residence or does not indicate an address on
the registration form, the person shall, not later than the seventh
day after the date on which the person is released:
(1) report in person to the local law enforcement
authority for the municipality or county, as applicable, in which
the person is residing and provide that authority with the address
at which the person is residing or, if the person's residence does
not have a physical address, a detailed description of the
geographical location of the person's residence; and
(2) until the person indicates the person's current
address as the person's intended residence on the registration form
or otherwise complies with the requirements of Article 62(A).055,
as appropriate, continue to report, in the manner required by
Subdivision (1), to that authority not less than once in each
succeeding 30-day period and provide that authority with the
address at which the person is residing or, if applicable, a
detailed description of the geographical location of the person's
residence.
(k) A person required to register under this chapter may not
refuse or otherwise fail to provide any information required for
the accurate completion of the registration form.
Art. 62(A).052. REGISTRATION: EXTRAJURISDICTIONAL
REGISTRANTS. (a) An extrajurisdictional registrant is required to
comply with the annual verification requirements of Article
62(A).058 in the same manner as a person who is required to verify
registration on the basis of a reportable conviction or
adjudication.
(b) The duty to register for an extrajurisdictional
registrant expires on the date the person's duty to register would
expire under the laws of the other state or foreign country had the
person remained in that state or foreign country, under federal
law, or under the Uniform Code of Military Justice, as applicable.
(c) The department may negotiate and enter into a reciprocal
registration agreement with any other state to prevent residents of
this state and residents of the other state from frustrating the
public purpose of the registration of arsonists by moving from one
state to the other.
Art. 62(A).053. PRERELEASE NOTIFICATION. (a) Before a
person who will be subject to registration under this chapter is due
to be released from a penal institution. Before releasing the
person, an official of the penal institution shall:
(1) inform the person that:
(A) not later than the later of the seventh day
after the date on which the person is released or after the date on
which the person moves from a previous residence to a new residence
in this state or not later than the first date the applicable local
law enforcement authority by policy allows the person to register
or verify registration, the person must register or verify
registration with the local law enforcement authority in the
municipality or county in which the person intends to reside;
(B) not later than the seventh day after the date
on which the person is released or the date on which the person
moves from a previous residence to a new residence in this state,
the person must, if the person has not moved to an intended
residence, report to the applicable entity or entities as required
by Article 62(A).051(h) or (j) or 62(A).055(e);
(C) not later than the seventh day before the
date on which the person moves to a new residence in this state or
another state, the person must report in person to the local law
enforcement authority designated as the person's primary
registration authority by the department and to the juvenile
probation officer, community supervision and corrections
department officer, or parole officer supervising the person;
(D) not later than the 10th day after the date on
which the person arrives in another state in which the person
intends to reside, the person must register with the law
enforcement agency that is identified by the department as the
agency designated by that state to receive registration
information, if the other state has a registration requirement for
arsonists;
(E) not later than the 30th day after the date on
which the person is released, the person must apply to the
department in person for the issuance of an original or renewal
driver's license or personal identification certificate and a
failure to apply to the department as required by this paragraph
results in the automatic revocation of any driver's license or
personal identification certificate issued by the department to the
person; and
(F) the person must notify appropriate entities
of any change in status as described by Article 62(A).057;
(2) require the person to sign a written statement
that the person was informed of the person's duties as described by
Subdivision (1) or Subsection (g) or, if the person refuses to sign
the statement, certify that the person was so informed;
(3) obtain the address or, if applicable, a detailed
description of each geographical location where the person expects
to reside on the person's release and other registration
information, including a photograph and complete set of
fingerprints; and
(4) complete the registration form for the person.
(b) On the seventh day before the date on which a person who
will be subject to registration under this chapter is due to be
released from a penal institution, or on receipt of notice by a
penal institution that a person who will be subject to registration
under this chapter is due to be released in less than seven days, an
official of the penal institution shall send the person's completed
registration form and numeric risk level to the department and to:
(1) the applicable local law enforcement authority in
the municipality or county in which the person expects to reside, if
the person expects to reside in this state; or
(2) the law enforcement agency that is identified by
the department as the agency designated by another state to receive
registration information, if the person expects to reside in that
other state and that other state has a registration requirement for
arsonists.
(d) If a person who has a reportable conviction described by
Article 28.02 Penal Code is placed under the supervision of the
parole division of the Texas Department of Criminal Justice or a
community supervision and corrections department under Section
510.017, Government Code, the division or community supervision and
corrections department shall conduct the prerelease notification
and registration requirements specified in this article on the date
the person is placed under the supervision of the division or
community supervision and corrections department. If a person who
has a reportable adjudication of delinquent conduct described by
Article 62(A).001(5)(H) or (I) is, as permitted by Section 60.002,
Family Code, placed under the supervision of the Texas Youth
Commission, a public or private vendor operating under contract
with the Texas Youth Commission, a local juvenile probation
department, or a juvenile secure pre-adjudication or
post-adjudication facility, the commission, vendor, probation
department, or facility shall conduct the prerelease notification
and registration requirements specified in this article on the date
the person is placed under the supervision of the commission,
vendor, probation department, or facility.
(e) Not later than the eighth day after receiving a
registration form under Subsection (b), (c), or (d), the local law
enforcement authority shall verify the basis on which the person is
subject to registration under this chapter.
Art. 62(A).055. CHANGE OF ADDRESS; LACK OF ADDRESS. (a) If a
person required to register under this chapter intends to change
address, regardless of whether the person intends to move to
another state, the person shall, not later than the seventh day
before the intended change, report in person to the local law
enforcement authority designated as the person's primary
registration authority by the department and to the juvenile
probation officer, community supervision and corrections
department officer, or parole officer supervising the person and
provide the authority and the officer with the person's anticipated
move date and new address. If a person required to register changes
address, the person shall, not later than the later of the seventh
day after changing the address or the first date the applicable
local law enforcement authority by policy allows the person to
report, report in person to the local law enforcement authority in
the municipality or county in which the person's new residence is
located and provide the authority with proof of identity and proof
of residence.
(b) Not later than the third day after receipt of notice
under Subsection (a), the person's juvenile probation officer,
community supervision and corrections department officer, or
parole officer shall forward the information provided under
Subsection (a) to the local law enforcement authority designated as
the person's primary registration authority by the department and,
if the person intends to move to another municipality or county in
this state, to the applicable local law enforcement authority in
that municipality or county.
(c) If the person moves to another state that has a
registration requirement for convicted arsonists, the person
shall, not later than the 10th day after the date on which the
person arrives in the other state, register with the law
enforcement agency that is identified by the department as the
agency designated by that state to receive registration
information.
(d) Not later than the third day after receipt of
information under Subsection (a) or (b), whichever is earlier, the
local law enforcement authority shall forward this information to
the department and, if the person intends to move to another
municipality or county in this state, to the applicable local law
enforcement authority in that municipality or county.
(e) If a person who reports to a local law enforcement
authority under Subsection (a) does not move on or before the
anticipated move date or does not move to the new address provided
to the authority, the person shall:
(1) not later than the seventh day after the
anticipated move date, and not less than weekly after that seventh
day, report to the local law enforcement authority designated as
the person's primary registration authority by the department and
provide an explanation to the authority regarding any changes in
the anticipated move date and intended residence; and
(2) report to the juvenile probation officer,
community supervision and corrections department officer, or
parole officer supervising the person not less than weekly during
any period in which the person has not moved to an intended
residence.
(f) If the person moves to another municipality or county in
this state, the department shall inform the applicable local law
enforcement authority in the new area of the person's residence not
later than the third day after the date on which the department
receives information under Subsection (a). Not later than the
eighth day after the date on which the local law enforcement
authority is informed under Subsection (a) or under this
subsection, the authority shall verify the basis on which the
person is subject to registration under this chapter.
Art. 62(A).057. STATUS REPORT BY SUPERVISING OFFICER OR
LOCAL LAW ENFORCEMENT AUTHORITY. (a) If the juvenile probation
officer, community supervision and corrections department officer,
or parole officer supervising a person subject to registration
under this chapter receives information to the effect that the
person's status has changed in any manner that affects proper
supervision of the person, including a change in the person's name,
online identifiers, physical health, job or educational status,
including higher educational status, incarceration, or terms of
release, the supervising officer shall promptly notify the
appropriate local law enforcement authority or authorities of that
change. If the person required to register intends to change
address, the supervising officer shall notify the local law
enforcement authorities designated by Article 62(A).055(b). Not
later than the seventh day after the date the supervising officer
receives the relevant information, the supervising officer shall
notify the local law enforcement authority of any change in the
person's job or educational status in which the person:
(1) becomes employed, begins to carry on a vocation,
or becomes a student at a particular public or private institution
of higher education; or
(2) terminates the person's status in that capacity.
(b) Not later than the later of the seventh day after the
date of the change or the first date the applicable authority by
policy allows the person to report, a person subject to
registration under this chapter shall report to the local law
enforcement authority designated as the person's primary
registration authority by the department any change in the person's
name, online identifiers, physical health, or job or educational
status, including higher educational status.
(c) For purposes of Subsection (b):
(1) a person's job status changes if the person leaves
employment for any reason, remains employed by an employer but
changes the location at which the person works, or begins
employment with a new employer;
(2) a person's health status changes if the person is
hospitalized as a result of an illness;
(3) a change in a person's educational status includes
the person's transfer from one educational facility to another; and
(4) regarding a change of name, notice of the proposed
name provided to a local law enforcement authority as described by
Sections 45.004 and 45.103, Family Code, is sufficient, except that
the person shall promptly notify the authority of any denial of the
person's petition for a change of name.
(d) Not later than the seventh day after the date the local
law enforcement authority receives the relevant information, the
local law enforcement authority shall notify the department of any
change in the person's job or educational status in which the
person:
(1) becomes employed, begins to carry on a vocation,
or becomes a student at a particular public or private institution
of higher education; or
(2) terminates the person's status in that capacity.
Art. 62(A).058. LAW ENFORCEMENT VERIFICATION OF
REGISTRATION INFORMATION. (a) A person subject to registration
under this chapter who has for an arson offense been convicted two
or more times, received an order of deferred adjudication two or
more times, or been convicted and received an order of deferred
adjudication shall report to the local law enforcement authority
designated as the person's primary registration authority by the
department not less than once in each 90-day period following the
date the person first registered under this chapter to verify the
information in the registration form maintained by the authority
for that person. A person subject to registration under this
chapter who is not subject to the 90-day reporting requirement
described by this subsection shall report to the local law
enforcement authority designated as the person's primary
registration authority by the department once each year not earlier
than the 30th day before and not later than the 30th day after the
anniversary of the person's date of birth to verify the information
in the registration form maintained by the authority for that
person. For purposes of this subsection, a person complies with a
requirement that the person register within a 90-day period
following a date if the person registers at any time on or after the
83rd day following that date but before the 98th day after that
date.
(b) A local law enforcement authority designated as a
person's primary registration authority by the department may
direct the person to report to the authority to verify the
information in the registration form maintained by the authority
for that person. The authority may direct the person to report under
this subsection once in each 90-day period following the date the
person first registered under this chapter, if the person is
required to report not less than once in each 90-day period under
Subsection (a) or once in each year not earlier than the 30th day
before and not later than the 30th day after the anniversary of the
person's date of birth, if the person is required to report once
each year under Subsection (a). A local law enforcement authority
may not direct a person to report to the authority under this
subsection if the person is required to report under Subsection (a)
and is in compliance with the reporting requirements of that
subsection.
(c) A local law enforcement authority with whom a person
reports under this article shall require the person to produce
proof of the person's identity and residence before the authority
gives the registration form to the person for verification. If the
information in the registration form is complete and accurate, the
person shall verify registration by signing the form. If the
information is not complete or not accurate, the person shall make
any necessary additions or corrections before signing the form.
(d) A local law enforcement authority designated as a
person's primary registration authority by the department may at
any time mail a nonforwardable verification form to the last
reported address of the person. Not later than the 21st day after
receipt of a verification form under this subsection, the person
shall:
(1) indicate on the form whether the person still
resides at the last reported address and, if not, provide on the
form the person's new address;
(2) complete any other information required by the
form;
(3) sign the form; and
(4) return the form to the authority.
(e) For purposes of this article, a person receives multiple
convictions or orders of deferred adjudication regardless of
whether:
(1) the judgments or orders are entered on different
dates; or
(2) the offenses for which the person was convicted or
placed on deferred adjudication arose out of different criminal
transactions.
Art. 62(A).059. REGISTRATION OF PERSONS REGULARLY VISITING
LOCATION. (a) A person subject to this chapter who on at least three
occasions during any month spends more than 48 consecutive hours in
a municipality or county in this state, other than the municipality
or county in which the person is registered under this chapter,
before the last day of that month shall report that fact to:
(1) the local law enforcement authority of the
municipality in which the person is a visitor; or
(2) if the person is a visitor in a location that is
not a municipality, the local law enforcement authority of the
county in which the person is a visitor.
(b) A person described by Subsection (a) shall provide the
local law enforcement authority with:
(1) all information the person is required to provide
under Article (A) 62.051(c);
(2) the address of any location in the municipality or
county, as appropriate, at which the person was lodged during the
month; and
(3) a statement as to whether the person intends to
return to the municipality or county during the succeeding month.
(c) This article does not impose on a local law enforcement
authority requirements of public notification or notification to
schools relating to a person about whom the authority is not
otherwise required by this chapter to make notifications.
Art. 62(A).060. REQUIREMENTS RELATING TO DRIVER'S LICENSE
OR PERSONAL IDENTIFICATION CERTIFICATE. (a) A person subject to
registration under this chapter shall apply to the department in
person for the issuance of, as applicable, an original or renewal
driver's license under Section 521.272, Transportation Code, an
original or renewal personal identification certificate under
Section 521.103, Transportation Code, or an original or renewal
commercial driver's license or commercial driver learner's permit
under Section 522.033, Transportation Code, not later than the 30th
day after the date:
(1) the person is released from a penal institution or
is released by a court on community supervision or juvenile
probation; or
(2) the department sends written notice to the person
of the requirements of this article.
(b) The person shall annually renew in person each driver's
license or personal identification certificate issued by the
department to the person, including each renewal, duplicate, or
corrected license or certificate, until the person's duty to
register under this chapter expires.
Art. 62.061. DNA SPECIMEN. A person required to register
under this chapter shall comply with a request for a DNA specimen
made by a law enforcement agency under Section 411.1473, Government
Code.
Art. 62(A).062. LIMITATION ON NEWSPAPER PUBLICATION. (a)
Except as provided by Subsection (b), a local law enforcement
authority may not publish notice in a newspaper or other periodical
or circular concerning a person's registration under this chapter
if the only basis on which the person is subject to registration is
one or more adjudications of delinquent conduct.
SUBCHAPTER C. EXPIRATION OF DUTY TO REGISTER; GENERAL
PENALTIES FOR NONCOMPLIANCE
Art. 62(A).101. EXPIRATION OF DUTY TO REGISTER. (a) Except
as provided by Subsection (b) and Subchapter I, the duty to register
for a person ends when the person dies if the person has a
reportable conviction or adjudication, other than an adjudication
of delinquent conduct, for:
(1) an arson offense;
(2) an offense under Section 28.02, Penal Code;
(3) an offense under Section 28.02 Penal Code, the
person receives or has received another reportable conviction or
adjudication, other than an adjudication of delinquent conduct, for
an offense or conduct that requires registration under this
chapter;
(4) an offense under Section 28.02 Penal Code, if:
(A) the judgment in the case contains an
affirmative finding under Article; and
(B) before or after the person is convicted or
adjudicated for the offense under Penal Code, the person receives
or has received another reportable conviction or adjudication,
other than an adjudication of delinquent conduct, for an offense or
conduct that requires registration under this chapter; or
(b) Except as provided by Subchapter I, the duty to register
for a person otherwise subject to Subsection (a) ends on the 10th
anniversary of the date on which the person is released from a penal
institution or discharges community supervision or the court
dismisses the criminal proceedings against the person and
discharges the person, whichever date is later, if the person's
duty to register is based on a conviction or an order of deferred
adjudication in a cause that was transferred to a district court or
criminal district court under Section 54.02, Family Code.
(c) Except as provided by Subchapter I, the duty to register
for a person with a reportable conviction or adjudication for an
offense other than an offense described by Subsection (a) ends:
(1) if the person's duty to register is based on an
adjudication of delinquent conduct, on the 10th anniversary of the
date on which the disposition is made or the person completes the
terms of the disposition, whichever date is later; or
(2) if the person's duty to register is based on a
conviction or on an order of deferred adjudication, on the 10th
anniversary of the date on which the court dismisses the criminal
proceedings against the person and discharges the person, the
person is released from a penal institution, or the person
discharges community supervision, whichever date is later.
Art. 62(A).102. FAILURE TO COMPLY WITH REGISTRATION
REQUIREMENTS. (a) A person commits an offense if the person is
required to register and fails to comply with any requirement of
this chapter.
(b) An offense under this article is:
(1) a state jail felony if the actor is a person whose
duty to register expires under Article (A) 62.101(b) or (c);
(2) a felony of the third degree if the actor is a
person whose duty to register expires under Article 62(A).101(a)
and who is required to verify registration once each year under
Article 62(A).058; and
(3) a felony of the second degree if the actor is a
person whose duty to register expires under Article 62(A).101(a)
and who is required to verify registration once each 90-day period
under Article 62(A).058.
(c) If it is shown at the trial of a person for an offense or
an attempt to commit an offense under this article that the person
has previously been convicted of an offense or an attempt to commit
an offense under this article, the punishment for the offense or the
attempt to commit the offense is increased to the punishment for the
next highest degree of felony.
SUBCHAPTER D. PROVISIONS APPLICABLE TO CERTAIN WORKERS AND STUDENTS
Art. 62(A).151. DEFINITIONS. For purposes of this
subchapter, a person:
(1) is employed or carries on a vocation if the person
works or volunteers on a full-time or part-time basis for a
consecutive period exceeding 14 days or for an aggregate period
exceeding 30 days in a calendar year;
(2) works regardless of whether the person works for
compensation or for governmental or educational benefit; and
(3) is a student if the person enrolls on a full-time
or part-time basis in any educational facility, including:
(A) a public or private primary or secondary
school, including a high school or alternative learning center; or
(B) a public or private institution of higher
education.
Art. 62(A).152. REGISTRATION OF CERTAIN WORKERS OR
STUDENTS. (a) A person is subject to this subchapter and, except as
otherwise provided by this article, to the other subchapters of
this chapter if the person:
(1) has a reportable conviction or adjudication;
(2) resides in another state; and
(3) is employed, carries on a vocation, or is a student
in this state.
(b) A person described by Subsection (a) is subject to the
registration and verification requirements of Articles 62(A).051
and 62(A).058 and to the change of address requirements of Article
62(A).055, except that the registration and verification and the
reporting of a change of address are based on the municipality or
county in which the person works or attends school. The person is
subject to the school notification requirements of Articles
62(A).053-62(A).055, except that notice provided to the
superintendent and any administrator is based on the public school
district in which the person works or attends school.
(c) A person described by Subsection (a) is not subject to
Article 62(A).101.
(d) The duty to register for a person described by
Subsection (a) ends when the person no longer works or studies in
this state, provides notice of that fact to the local law
enforcement authority in the municipality or county in which the
person works or attends school, and receives notice of verification
of that fact from the authority. The authority must verify that the
person no longer works or studies in this state and must provide to
the person notice of that verification within a reasonable time.
(e) Notwithstanding Subsection (a), this article does not
apply to a person who has a reportable conviction or adjudication,
who resides in another state, and who is employed, carries on a
vocation, or is a student in this state if the person establishes
another residence in this state to work or attend school in this
state. However, that person remains subject to the other articles
of this chapter based on that person's residence in this state.
Art. 62(A).153. REGISTRATION OF WORKERS OR STUDENTS AT
INSTITUTIONS OF HIGHER EDUCATION. (a) Not later than the later of
the seventh day after the date on which the person begins to work or
attend school or the first date the applicable authority by policy
allows the person to register, a person required to register under
Article 62(A).152 or any other provision of this chapter who is
employed, carries on a vocation, or is a student at a public or
private institution of higher education in this state shall report
that fact to:
(1) the authority for campus security for that
institution; or
(2) if an authority for campus security for that
institution does not exist, the local law enforcement authority of:
(A) the municipality in which the institution is
located; or
(B) the county in which the institution is
located, if the institution is not located in a municipality.
(b) A person described by Subsection (a) shall provide the
authority for campus security or the local law enforcement
authority with all information the person is required to provide
under Article 62(A).051(c).
(c) A person described by Subsection (a) shall notify the
authority for campus security or the local law enforcement
authority not later than the seventh day after the date of
termination of the person's status as a worker or student at the
institution.
(d) The authority for campus security or the local law
enforcement authority shall promptly forward to the administrative
office of the institution any information received from the person
under this article and any information received from the department
under Article 62(A).005.
(e) Subsection (a)(2) does not require a person to register
with a local law enforcement authority if the person is otherwise
required by this chapter to register with that authority.
(f) This article does not impose the requirements of public
notification or notification to public or private primary or
secondary schools on:
(1) an authority for campus security; or
(2) a local law enforcement authority, if those
requirements relate to a person about whom the authority is not
otherwise required by this chapter to make notifications.
SUBCHAPTER E. PROVISIONS APPLICABLE TO PERSONS SUBJECT TO CIVIL
COMMITMENT
Art. 62(A).201. ADDITIONAL PUBLIC NOTICE FOR INDIVIDUALS
SUBJECT TO CIVIL COMMITMENT. (a) On receipt of notice under this
chapter that a person subject to registration who is civilly
committed as an arsonist is due to be released from a penal
institution or intends to move to a new residence in this state, the
department shall, not later than the seventh day after the date on
which the person is released or the seventh day after the date on
which the person moves, provide written notice mailed or delivered
to at least each address, other than a post office box, within a
one-mile radius, in an area that has not been subdivided, or a
three-block area, in an area that has been subdivided, of the place
where the person intends to reside.
(b) The department shall provide the notice in English and
Spanish and shall include in the notice any information that is
public information under this chapter. The department may not
include any information that is not public information under this
chapter.
(c) The department shall establish procedures for a person
with respect to whom notice is provided under this article to pay to
the department all costs incurred by the department in providing
the notice. The person shall pay those costs in accordance with the
procedures established under this subsection.
(d) The department's duty to provide notice under this
article in regard to a particular person ends on the date on which a
court releases the person from all requirements of the civil
commitment process.
Art. 62(A).202. VERIFICATION OF INDIVIDUALS SUBJECT TO
COMMITMENT. (a) Notwithstanding Article 62(A).058, if an
individual subject to registration under this chapter is civilly
committed as an arsonist, the person shall report to the local law
enforcement authority designated as the person's primary
registration authority by the department not less than once in each
30-day period following the date the person first registered under
this chapter to verify the information in the registration form
maintained by the authority for that person. For purposes of this
subsection, a person complies with a requirement that the person
register within a 30-day period following a date if the person
registers at any time on or after the 27th day following that date
but before the 33rd day after that date.
(b) On the date a court releases a person described by
Subsection (a) from all requirements of the civil commitment
process:
(1) the person's duty to verify registration as an
arsonist is no longer imposed by this article;
Art. 62(A).203. FAILURE TO COMPLY: INDIVIDUALS SUBJECT TO
COMMITMENT. (a) A person commits an offense if the person, after
commitment as an arsonist but before the person is released from all
requirements of the civil commitment process, fails to comply with
any requirement of this chapter.
(b) An offense under this article is a felony of the second
degree.
SUBCHAPTER F. REMOVAL OF REGISTRATION INFORMATION
Art. 62(A).251. REMOVING REGISTRATION INFORMATION WHEN
DUTY TO REGISTER EXPIRES. (a) When a person is no longer required to
register as an arsonist under this chapter, the department shall
remove all information about the person from the Arson
Registration.
(b) The duty to remove information under Subsection (a)
arises if:
(1) the department has received notice from a local
law enforcement authority under Subsection (c) or (d) that the
person is no longer required to register or will no longer be
required to renew registration and the department verifies the
correctness of that information;
(2) the court having jurisdiction over the case for
which registration is required requests removal and the department
determines that the duty to register has expired; or
(3) the person or the person's representative requests
removal and the department determines that the duty to register has
expired.
(c) When a person required to register under this chapter
appears before a local law enforcement authority to renew or modify
registration information, the authority shall determine whether
the duty to register has expired. If the authority determines that
the duty to register has expired, the authority shall remove all
information about the person from the arson registry and notify the
department that the person's duty to register has expired.
(d) When a person required to register under this chapter
appears before a local law enforcement authority to renew
registration information, the authority shall determine whether
the renewal is the final annual renewal of registration required by
law. If the authority determines that the person's duty to register
will expire before the next annual renewal is scheduled, the
authority shall automatically remove all information about the
person from the arson registry on expiration of the duty to register
and notify the department that the information about the person has
been removed from the registry.
(e) When the department has removed information under
Subsection (a), the department shall notify all local law
enforcement authorities that have provided registration
information to the department about the person of the removal. A
local law enforcement authority that receives notice from the
department under this subsection shall remove all registration
information about the person from its registry.
(f) When the department has removed information under
Subsection (a), the department shall notify all public and private
agencies or organizations to which it has provided registration
information about the person of the removal. On receiving notice,
the public or private agency or organization shall remove all
registration information about the person from any registry the
agency or organization maintains that is accessible to the public
with or without charge.
Art. 62(A).355. WAIVER OF HEARING. (a) The prosecuting
attorney may waive the state's right to a hearing under this
subchapter and agree that registration under this chapter is not
required. A waiver under this subsection must state whether the
waiver is entered under a plea agreement.
(b) If the waiver is entered under a plea agreement, the
court, without a hearing, shall:
(1) enter an order exempting the respondent from
registration under this chapter; or
(2) under Section 54.03(j), Family Code, inform the
respondent that the court believes a hearing under this article is
required and give the respondent the opportunity to:
(A) withdraw the respondent's plea of guilty,
nolo contendere, or true; or
(B) affirm the respondent's plea and participate
in the hearing.
(c) If the waiver is entered other than under a plea
agreement, the court, without a hearing, shall enter an order
exempting the respondent from registration under this chapter.
Art. 62(A).356. EFFECT OF CERTAIN ORDERS. (a) A person who
has an adjudication of delinquent conduct that would otherwise be
reportable under Article 62(A).001 does not have a reportable
adjudication of delinquent conduct for purposes of this chapter if
the juvenile court enters an order under this subchapter exempting
the person from the registration requirements of this chapter.
(b) If the juvenile court enters an order exempting a person
from registration under this chapter, the respondent may not be
required to register in this or any other state for the offense for
which registration was exempted.
Art. 62(A).357. APPEAL OF CERTAIN ORDERS. (a)
Notwithstanding Section 56.01, Family Code, on entry by a juvenile
court of an order under Article 62(A).352(a) exempting a respondent
from registration under this chapter, the prosecuting attorney may
appeal that order by giving notice of appeal within the time
required under Rule 26.2(b), Texas Rules of Appellate Procedure.
The appeal is civil and the standard of review in the appellate
court is whether the juvenile court committed procedural error or
abused its discretion in exempting the respondent from registration
under this chapter. The appeal is limited to review of the order
exempting the respondent from registration under this chapter and
may not include any other issues in the case.
(b) A respondent may under Section 56.01, Family Code,
appeal a juvenile court's order under Article 62(A).352(a)
requiring registration in the same manner as the appeal of any other
legal issue in the case. The standard of review in the appellate
court is whether the juvenile court committed procedural error or
abused its discretion in requiring registration.
SECTION 2. EFFECTIVE DATE. This Act takes effect
immediately if it receives a vote of two-thirds of all 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, the Act takes effect on the ninety-first day
after the last day of the legislative session in which it is
enacted.