Texas 2017 - 85th Regular

Texas House Bill HB2575 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	85R7488 JCG-D
2		-	By: Meyer H.B. No. 2575
	1	+	By: Meyer, Fallon, et al. H.B. No. 2575
3	2
4	3
5	4		A BILL TO BE ENTITLED
6	5		AN ACT
7	6		relating to certain requirements imposed on a sex offender who
8	7		enters the premises of a school.
9	8		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	9		SECTION 1. Article 62.053(a), Code of Criminal Procedure,
11	10		is amended to read as follows:
12	11		(a) Before a person who will be subject to registration
13	12		under this chapter is due to be released from a penal institution,
14	13		the Texas Department of Criminal Justice or the Texas Juvenile
15	14		Justice Department shall determine the person's level of risk to
16	15		the community using the sex offender screening tool developed or
17	16		selected under Article 62.007 and assign to the person a numeric
18	17		risk level of one, two, or three. Before releasing the person, an
19	18		official of the penal institution shall:
20	19		(1) inform the person that:
21	20		(A) not later than the later of the seventh day
22	21		after the date on which the person is released or after the date on
23	22		which the person moves from a previous residence to a new residence
24	23		in this state or not later than the first date the applicable local
25	24		law enforcement authority by policy allows the person to register
26	25		or verify registration, the person must register or verify
27	26		registration with the local law enforcement authority in the
28	27		municipality or county in which the person intends to reside;
29	28		(B) not later than the seventh day after the date
30	29		on which the person is released or the date on which the person
31	30		moves from a previous residence to a new residence in this state,
32	31		the person must, if the person has not moved to an intended
33	32		residence, report to the applicable entity or entities as required
34	33		by Article 62.051(h) or (j) or 62.055(e);
35	34		(C) not later than the seventh day before the
36	35		date on which the person moves to a new residence in this state or
37	36		another state, the person must report in person to the local law
38	37		enforcement authority designated as the person's primary
39	38		registration authority by the department and to the juvenile
40	39		probation officer, community supervision and corrections
41	40		department officer, or parole officer supervising the person;
42	41		(D) not later than the 10th day after the date on
43	42		which the person arrives in another state in which the person
44	43		intends to reside, the person must register with the law
45	44		enforcement agency that is identified by the department as the
46	45		agency designated by that state to receive registration
47	46		information, if the other state has a registration requirement for
48	47		sex offenders;
49	48		(E) not later than the 30th day after the date on
50	49		which the person is released, the person must apply to the
51	50		department in person for the issuance of an original or renewal
52	51		driver's license or personal identification certificate and a
53	52		failure to apply to the department as required by this paragraph
54	53		results in the automatic revocation of any driver's license or
55	54		personal identification certificate issued by the department to the
56	55		person;
57	56		(F) the person must notify appropriate entities
58	57		of any change in status as described by Article 62.057; [and]
59	58		(G) certain types of employment are prohibited
60	59		under Article 62.063 for a person with a reportable conviction or
61	60		adjudication for a sexually violent offense involving a victim
62	61		younger than 14 years of age occurring on or after September 1,
63	62		2013; and
64		-	(H) if the person enters the premises of a school
65		-	as described by Article 62.064 and is subject to the requirements of
66		-	that article, the person must immediately notify the administrative
67		-	office of the school of the person's presence on the premises of the
68		-	school and the person's registration status under this chapter;
	63	+	(H) if the person enters or goes within 25 feet of
	64	+	the premises of a school as described by Article 62.064 and is
	65	+	subject to the requirements of that article, the person must
	66	+	immediately notify the administrative office of the school of the
	67	+	person's presence and the person's registration status under this
	68	+	chapter;
69	69		(2) require the person to sign a written statement
70	70		that the person was informed of the person's duties as described by
71	71		Subdivision (1) or Subsection (g) or, if the person refuses to sign
72	72		the statement, certify that the person was so informed;
73	73		(3) obtain the address or, if applicable, a detailed
74	74		description of each geographical location where the person expects
75	75		to reside on the person's release and other registration
76	76		information, including a photograph and complete set of
77	77		fingerprints; and
78	78		(4) complete the registration form for the person.
79	79		SECTION 2. Article 62.058, Code of Criminal Procedure, is
80	80		amended by adding Subsection (g) to read as follows:
81	81		(g) A local law enforcement authority who provides a person
82	82		with a registration form for verification as required by this
83	83		chapter shall include with the form a statement and, if applicable,
84	84		a description of the person's duty to provide notice under Article
85	85		62.064.
86	86		SECTION 3. Subchapter B, Chapter 62, Code of Criminal
87	87		Procedure, is amended by adding Article 62.064 to read as follows:
88		-	Art. 62.064. ENTRY ONTO SCHOOL PREMISES; NOTICE REQUIRED.
89		-	(a) In this article, "school" has the meaning assigned by Section
	88	+	Art. 62.064. ENTRY ONTO OR PRESENCE NEAR SCHOOL PREMISES;
	89	+	NOTICE REQUIRED. (a) In this article:
	90	+	(1) "Premises" means a building or portion of a
	91	+	building and the grounds on which the building is located,
	92	+	including any public or private driveway, street, sidewalk or
	93	+	walkway, parking lot, or parking garage on the grounds.
	94	+	(2) "School" has the meaning assigned by Section
90	95		481.134, Health and Safety Code.
91	96		(b) A person subject to registration under this chapter who
92		-	enters the premises of any school in this state during the standard
	97	+	enters the premises of any school in this state or goes within 25
	98	+	feet of the premises of a school in this state during the standard
93	99		operating hours of the school shall immediately notify the
94	100		administrative office of the school of the person's presence on the
95	101		premises of the school and the person's registration status under
96	102		this chapter. The office may provide a chaperon to accompany the
97	103		person while the person is on the premises of the school.
98	104		(c) The requirements of this article:
99	105		(1) are in addition to any requirement associated with
100	106		the imposition of a child safety zone on the person under Section
101	107		508.187, Government Code, or Article 42A.453; and
102	108		(2) do not apply to:
103	109		(A) a student enrolled at the school; or
104	110		(B) a student from another school participating
105	111		at an event at the school.
106	112		SECTION 4. The change in law made by this Act applies to a
107	113		person subject to registration under Chapter 62, Code of Criminal
108	114		Procedure, for an offense committed or conduct that occurs before,
109	115		on, or after the effective date of this Act.
110	116		SECTION 5. This Act takes effect September 1, 2017.