Texas 2015 - 84th Regular

Texas House Bill HB404 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	84R23286 MAW-F
2	2	By: Sheffield H.B. No. 404
3	3	Substitute the following for H.B. No. 404:
4	4	By: Herrero C.S.H.B. No. 404
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to prohibitions on certain employment and volunteer
10	10	activity for certain sex offenders; amending provisions subject to
11	11	a criminal penalty.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Article 62.063, Code of Criminal Procedure, is
14	14	amended to read as follows:
15	15	Art. 62.063. PROHIBITED EMPLOYMENT AND VOLUNTEER ACTIVITY.
16	16	(a) In this article:
17	17	(1) "Amusement ride" has the meaning assigned by
18	18	Section 2151.002, Occupations Code.
19	19	(2) "Bus" has the meaning assigned by Section 541.201,
20	20	Transportation Code.
21	21	(3) "Playground," "premises," "school," "video arcade
22	22	facility," and "youth center" have the meanings assigned by Section
23	23	481.134, Health and Safety Code.
24	24	(b) A person subject to registration under this chapter
25	25	because of a reportable conviction or adjudication for which an
26	26	affirmative finding is entered under Article 42.015(b) or Section
27	27	5(e)(2), Article 42.12, as appropriate, may not:
28	28	(1) [,] for compensation:
29	29	(A) [(1)] operate or offer to operate a bus;
30	30	(B) [(2)] provide or offer to provide a passenger
31	31	taxicab or limousine transportation service;
32	32	(C) [(3)] provide or offer to provide any type of
33	33	service in the residence of another person unless the provision of
34	34	service will be supervised; or
35	35	(D) [(4)] operate or offer to operate any
36	36	amusement ride; or
37	37	(2) regardless of any compensation received:
38	38	(A) supervise or participate in any program that
39	39	includes as participants or recipients persons who are 17 years of
40	40	age or younger; or
41	41	(B) provide or offer to provide any type of
42	42	service at a premises where children commonly gather, including a
43	43	school, day-care facility, playground, public or private youth
44	44	center, public swimming pool, video arcade facility, or restaurant
45	45	or other business that is promoted or advertised as being of
46	46	particular interest to children.
47	47	SECTION 2. Article 62.053(a), Code of Criminal Procedure,
48	48	is amended to read as follows:
49	49	(a) Before a person who will be subject to registration
50	50	under this chapter is due to be released from a penal institution,
51	51	the Texas Department of Criminal Justice or the Texas Juvenile
52	52	Justice Department shall determine the person's level of risk to
53	53	the community using the sex offender screening tool developed or
54	54	selected under Article 62.007 and assign to the person a numeric
55	55	risk level of one, two, or three. Before releasing the person, an
56	56	official of the penal institution shall:
57	57	(1) inform the person that:
58	58	(A) not later than the later of the seventh day
59	59	after the date on which the person is released or after the date on
60	60	which the person moves from a previous residence to a new residence
61	61	in this state or not later than the first date the applicable local
62	62	law enforcement authority by policy allows the person to register
63	63	or verify registration, the person must register or verify
64	64	registration with the local law enforcement authority in the
65	65	municipality or county in which the person intends to reside;
66	66	(B) not later than the seventh day after the date
67	67	on which the person is released or the date on which the person
68	68	moves from a previous residence to a new residence in this state,
69	69	the person must, if the person has not moved to an intended
70	70	residence, report to the applicable entity or entities as required
71	71	by Article 62.051(h) or (j) or 62.055(e);
72	72	(C) not later than the seventh day before the
73	73	date on which the person moves to a new residence in this state or
74	74	another state, the person must report in person to the local law
75	75	enforcement authority designated as the person's primary
76	76	registration authority by the department and to the juvenile
77	77	probation officer, community supervision and corrections
78	78	department officer, or parole officer supervising the person;
79	79	(D) not later than the 10th day after the date on
80	80	which the person arrives in another state in which the person
81	81	intends to reside, the person must register with the law
82	82	enforcement agency that is identified by the department as the
83	83	agency designated by that state to receive registration
84	84	information, if the other state has a registration requirement for
85	85	sex offenders;
86	86	(E) not later than the 30th day after the date on
87	87	which the person is released, the person must apply to the
88	88	department in person for the issuance of an original or renewal
89	89	driver's license or personal identification certificate and a
90	90	failure to apply to the department as required by this paragraph
91	91	results in the automatic revocation of any driver's license or
92	92	personal identification certificate issued by the department to the
93	93	person;
94	94	(F) the person must notify appropriate entities
95	95	of any change in status as described by Article 62.057; [and]
96	96	(G) certain types of employment are prohibited
97	97	under Article 62.063(b)(1) [62.063] for a person with a reportable
98	98	conviction or adjudication for a sexually violent offense involving
99	99	a victim younger than 14 years of age and occurring on or after
100	100	September 1, 2013, but before September 1, 2015; and
101	101	(H) certain types of employment and certain types
102	102	of volunteer activity are prohibited under Article 62.063(b)(1) or
103	103	(2) for a person with a reportable conviction or adjudication for a
104	104	sexually violent offense involving a victim younger than 14 years
105	105	of age and occurring on or after September 1, 2015;
106	106	(2) require the person to sign a written statement
107	107	that the person was informed of the person's duties as described by
108	108	Subdivision (1) or Subsection (g) or, if the person refuses to sign
109	109	the statement, certify that the person was so informed;
110	110	(3) obtain the address or, if applicable, a detailed
111	111	description of each geographical location where the person expects
112	112	to reside on the person's release and other registration
113	113	information, including a photograph and complete set of
114	114	fingerprints; and
115	115	(4) complete the registration form for the person.
116	116	SECTION 3. Article 62.058(f), Code of Criminal Procedure,
117	117	is amended to read as follows:
118	118	(f) A local law enforcement authority that provides to a
119	119	person subject to the prohibitions described by Article 62.063 a
120	120	registration form for verification as required by this chapter
121	121	shall include with the form a statement summarizing the types of
122	122	employment and the types of volunteer activity that are prohibited
123	123	for that person.
124	124	SECTION 4. (a) The change in law made by this Act in
125	125	amending Article 62.063, Code of Criminal Procedure, applies only
126	126	to a person who is required to register under Chapter 62, Code of
127	127	Criminal Procedure, on the basis of a conviction or adjudication
128	128	for an offense committed on or after the effective date of this Act.
129	129	An offense committed before the effective date of this Act is
130	130	governed by the law in effect on the date the offense was committed,
131	131	and the former law is continued in effect for that purpose.
132	132	(b) A person who is required to register under Chapter 62,
133	133	Code of Criminal Procedure, solely on the basis of a conviction or
134	134	adjudication that occurs before the effective date of this Act is
135	135	governed by the law in effect when the conviction or adjudication
136	136	occurred, and the former law is continued in effect for that
137	137	purpose.
138	138	SECTION 5. This Act takes effect September 1, 2015.