84R23286 MAW-F
By: Sheffield H.B. No. 404
Substitute the following for H.B. No. 404:
By: Herrero C.S.H.B. No. 404
A BILL TO BE ENTITLED
AN ACT
relating to prohibitions on certain employment and volunteer
activity for certain sex offenders; amending provisions subject to
a criminal penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 62.063, Code of Criminal Procedure, is
amended to read as follows:
Art. 62.063. PROHIBITED EMPLOYMENT AND VOLUNTEER ACTIVITY.
(a) In this article:
(1) "Amusement ride" has the meaning assigned by
Section 2151.002, Occupations Code.
(2) "Bus" has the meaning assigned by Section 541.201,
Transportation Code.
(3) "Playground," "premises," "school," "video arcade
facility," and "youth center" have the meanings assigned by Section
481.134, Health and Safety Code.
(b) A person subject to registration under this chapter
because of a reportable conviction or adjudication for which an
affirmative finding is entered under Article 42.015(b) or Section
5(e)(2), Article 42.12, as appropriate, may not:
(1) [,] for compensation:
(A) [(1)] operate or offer to operate a bus;
(B) [(2)] provide or offer to provide a passenger
taxicab or limousine transportation service;
(C) [(3)] provide or offer to provide any type of
service in the residence of another person unless the provision of
service will be supervised; or
(D) [(4)] operate or offer to operate any
amusement ride; or
(2) regardless of any compensation received:
(A) supervise or participate in any program that
includes as participants or recipients persons who are 17 years of
age or younger; or
(B) provide or offer to provide any type of
service at a premises where children commonly gather, including a
school, day-care facility, playground, public or private youth
center, public swimming pool, video arcade facility, or restaurant
or other business that is promoted or advertised as being of
particular interest to children.
SECTION 2. Article 62.053(a), Code of Criminal Procedure,
is amended to read as follows:
(a) Before a person who will be subject to registration
under this chapter is due to be released from a penal institution,
the Texas Department of Criminal Justice or the Texas Juvenile
Justice Department shall determine the person's level of risk to
the community using the sex offender screening tool developed or
selected under Article 62.007 and assign to the person a numeric
risk level of one, two, or three. 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 62.051(h) or (j) or 62.055(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
sex offenders;
(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;
(F) the person must notify appropriate entities
of any change in status as described by Article 62.057; [and]
(G) certain types of employment are prohibited
under Article 62.063(b)(1) [62.063] for a person with a reportable
conviction or adjudication for a sexually violent offense involving
a victim younger than 14 years of age and occurring on or after
September 1, 2013, but before September 1, 2015; and
(H) certain types of employment and certain types
of volunteer activity are prohibited under Article 62.063(b)(1) or
(2) for a person with a reportable conviction or adjudication for a
sexually violent offense involving a victim younger than 14 years
of age and occurring on or after September 1, 2015;
(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.
SECTION 3. Article 62.058(f), Code of Criminal Procedure,
is amended to read as follows:
(f) A local law enforcement authority that provides to a
person subject to the prohibitions described by Article 62.063 a
registration form for verification as required by this chapter
shall include with the form a statement summarizing the types of
employment and the types of volunteer activity that are prohibited
for that person.
SECTION 4. (a) The change in law made by this Act in
amending Article 62.063, Code of Criminal Procedure, applies only
to a person who is required to register under Chapter 62, Code of
Criminal Procedure, on the basis of a conviction or adjudication
for an offense committed on or after the effective date of this Act.
An offense committed before the effective date of this Act is
governed by the law in effect on the date the offense was committed,
and the former law is continued in effect for that purpose.
(b) A person who is required to register under Chapter 62,
Code of Criminal Procedure, solely on the basis of a conviction or
adjudication that occurs before the effective date of this Act is
governed by the law in effect when the conviction or adjudication
occurred, and the former law is continued in effect for that
purpose.
SECTION 5. This Act takes effect September 1, 2015.