By: Dutton H.B. No. 2879
A BILL TO BE ENTITLED
AN ACT
relating to treatment and registration of juveniles adjudicated for
a sexual offense.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 62.001, Chapter 62, Code of Criminal
Procedure, is amended by amending Subdivisions (5) and (10) and
adding Subdivision (5-a) to read as follows:
(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:
(A) a violation of Section 21.02 (Continuous
sexual abuse of young child or children), 21.11 (Indecency with a
child), 22.011 (Sexual assault), 22.021 (Aggravated sexual
assault), or 25.02 (Prohibited sexual conduct), Penal Code;
(B) a violation of Section 43.05 (Compelling
prostitution), 43.25 (Sexual performance by a child), or 43.26
(Possession or promotion of child pornography), Penal Code;
(B-1) a violation of Section 43.02
(Prostitution), Penal Code, if the offense is punishable under
Subsection (c)(3) of that section;
(C) a violation of Section 20.04(a)(4)
(Aggravated kidnapping), Penal Code, if the actor committed the
offense or engaged in the conduct with intent to violate or abuse
the victim sexually;
(D) a violation of Section 30.02 (Burglary),
Penal Code, if the offense or conduct is punishable under
Subsection (d) of that section and the actor committed the offense
or engaged in the conduct with intent to commit a felony listed in
Paragraph (A) or (C);
(E) a violation of Section 20.02 (Unlawful
restraint), 20.03 (Kidnapping), or 20.04 (Aggravated kidnapping),
Penal Code, if, as applicable:
(i) the judgment in the case contains an
affirmative finding under Article 42.015; or
(ii) the order in the hearing or the papers
in the case contain an affirmative finding that the victim or
intended victim was younger than 17 years of age;
(F) the second violation of Section 21.08
(Indecent exposure), Penal Code, but not if the second violation
results in a deferred adjudication;
(G) an attempt, conspiracy, or solicitation, as
defined by Chapter 15, Penal Code, to commit an offense or engage in
conduct listed in Paragraph (A), (B), (C), (D), (E), or (K);
(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), (B-1), (C), (D), (E),
(G), (J), or (K), 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;
(J) a violation of Section 33.021 (Online
solicitation of a minor), Penal Code; or
(K) a violation of Section 20A.02(a)(3), (4),
(7), or (8) (Trafficking of persons), Penal Code.
(5-a) "Reportable adjudication" has the meaning
assigned by Section 54A.01(2), Family Code.
(10) "Extrajurisdictional registrant" means a person
who:
(A) is required to register as a sex offender
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].
SECTION 2. Article 62.002, Chapter 62, Code of Criminal
Procedure, is amended to read as follows:
Art. 62.002. APPLICABILITY OF CHAPTER. (a) This chapter
applies only to a reportable conviction [or adjudication] occurring
on or after September 1, 1970 or an order to register under Chapter
54A, Family Code.
(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 order to register under Chapter 54A,
Family Code [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 order to register under Chapter
54A, Family Code [adjudication], are not affected by:
(1) an appeal of the conviction or of the reportable
adjudication the subject of an order to register under Chapter 54A,
Family Code; or
(2) a pardon of the conviction or of the reportable
adjudication the subject of an order to register under Chapter 54A.
(c) If a conviction or reportable adjudication the subject
of an order to register under Chapter 54A, Family Code
[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
reportable adjudication the subject of an order to register under
Chapter 54A, Family Code 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.
SECTION 3. Article 62.005, Chapter 62, Code of Criminal
Procedure is amended by amending Subsection (b) to read as follows:
(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 62.051(c)(7) or
required by the department under Article 62.051(c)(8), including
any information regarding an employer's name, address, or telephone
number; [or]
(3) that would identify the victim of the offense for
which the person is subject to registration; or
(4) that pertains to a person whose duty to register
results from an order to register under Chapter 54A, Family Code.
SECTION 4. Article 62.007, Chapter 62, Code of Criminal
Procedure is amended by amending Subsection (g) to read as follows:
(g) The numeric risk level assigned to a person required to
register on the basis of a reportable conviction, using the sex
offender screening tool described by this article is not
confidential and is subject to disclosure under Chapter 552,
Government Code.
SECTION 5. Article 62.051, Chapter 62, Code of Criminal
Procedure is amended by amending Subsections (a) and (i) to read as
follows:
Art. 62.051. REGISTRATION: GENERAL. (a) A person who has a
reportable conviction or has been ordered to register under Chapter
54A, Family Code [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.
(i) If the other state has a registration requirement for
sex offenders, a person who has a reportable conviction, or
reportable 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.
SECTION 6. Article 62.052, Chapter 62, Code of Criminal
Procedure is amended by amending Subsection (a) to read as follows:
Art. 62.052. REGISTRATION: EXTRAJURISDICTIONAL
REGISTRANTS. (a) An extrajurisdictional registrant is required to
comply with the annual verification requirements of Article 62.058
in the same manner as a person who is required to verify
registration on the basis of a reportable conviction or an order to
register under Chapter 54A, Family Code [adjudication].
SECTION 7. Article 62.053, Chapter 62, Code of Criminal
Procedure, is amended by amending Subsections (a) and (d) to read as
follows:
Art. 62.053. PRERELEASE NOTIFICATION. (a) Before a person
who will be subject to registration under this chapter is due to be
released from a penal institution, 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 for a person with a reportable conviction [or
adjudication for a sexually violent offense] involving a victim
younger than 14 years of age occurring on or after September 1,
2013;
(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.
(d) If a person who has a reportable conviction described by
Article 62.001(5)(H) or (I) 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
is required to register under Chapter 54A, Family Code [has a
reportable adjudication of delinquent conduct described by Article
62.001(5)(H) or (I)] is[, as permitted by Section 60.002, Family
Code,] placed under the supervision of the Texas Juvenile Justice
Department [Youth Commission], a public or private vendor operating
under contract with the Texas Juvenile Justice Department [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.
SECTION 8. Article 62.054, Chapter 62, Code of Criminal
Procedure, is amended to read as follows:
Art. 62.054. CIRCUMSTANCES REQUIRING NOTICE TO
SUPERINTENDENT OR SCHOOL ADMINISTRATOR. (a) A local law
enforcement authority shall provide notice to the superintendent
and each administrator under Article 62.053(e) or 62.055(f) only
if:
(1) the victim was at the time of the offense a child
younger than 17 years of age or a student enrolled in a public or
private secondary school;
(2) the person subject to registration is a student
enrolled in a public or private secondary school; or
(3) the basis on which the person is subject to
registration is a conviction, a deferred adjudication, or an order
to register under Chapter 54A, Family Code [adjudication of
delinquent conduct] for an offense under Section 43.25 or 43.26,
Penal Code, or an offense under the laws of another state, federal
law, or the Uniform Code of Military Justice that contains elements
substantially similar to the elements of an offense under either of
those sections.
(b) A local law enforcement authority may not provide notice
to the superintendent or any administrator under Article 62.053(e)
or 62.055(f) if the basis on which the person is subject to
registration is a conviction, a deferred adjudication, or an order
to register under Chapter 54A, Family Code [adjudication of
delinquent conduct] for an offense under Section 25.02, Penal Code,
or an offense under the laws of another state, federal law, or the
Uniform Code of Military Justice that contains elements
substantially similar to the elements of an offense under that
section.
SECTION 9. Article 62.056, Chapter 62, Code of Criminal
Procedure, is amended by amending Subsection (c) to read as
follows:
(c) The department shall establish procedures for a person
with respect to whom notice is provided under Subsection (a), other
than a person subject to registration on the basis of an order to
register under Chapter 54A, Family Code [adjudication of delinquent
conduct], 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.
SECTION 10. Article 62.062, Chapter 62, Code of Criminal
Procedure, is amended to read as follows:
Art. 62.062. LIMITATION ON NEWSPAPER PUBLICATION. A [(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
an order to register under Chapter 54A, Family Code [one or more
adjudications of delinquent conduct.
(b) This article does not apply to a publication of notice
under Article 62.056.
SECTION 11. Article 62.063, Chapter 62, Code of Criminal
Procedure, is amended by amending Subsections (b) to read as
follows:
Text of subsection effective on January 01, 2017
(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
42A.105(a), as appropriate, may not, for compensation:
(1) operate or offer to operate a bus;
(2) provide or offer to provide a passenger taxicab or
limousine transportation service;
(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
(4) operate or offer to operate any amusement ride.
SECTION 12. Article 62.101, Chapter 62, Code of Criminal
Procedure, is amended by amending Subsections (a), and (c) and
adding Subsection (d) to read as follows:
Art. 62.101. 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) a sexually violent offense;
(2) an offense under Section 20A.02(a)(3), (4), (7),
or (8), 25.02, 43.05(a)(2), or 43.26, Penal Code;
(3) an offense under Section 21.11(a)(2), Penal Code,
if before or after the person is convicted or adjudicated for the
offense under Section 21.11(a)(2), 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 20.02, 20.03, or 20.04,
Penal Code, if:
(A) the judgment in the case contains an
affirmative finding under Article 42.015 or, for a deferred
adjudication, the papers in the case contain an affirmative finding
that the victim or intended victim was younger than 17 years of age;
and
(B) before or after the person is convicted or
adjudicated for the offense under Section 20.02, 20.03, or 20.04,
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
(5) an offense under Section 43.23, Penal Code, that
is punishable under Subsection (h) of that section.
(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.
(d) Except as provided by Chapter 54A, the duty to register
for a person ordered to register under Chapter 54A, Family Code,
ends on the 5th anniversary of the date on which the disposition
order is entered or the person completes the terms of the
disposition, whichever is later.
SECTION 13. Article 62.152, Chapter 62, Code of Criminal
Procedure, is amended by amending Subsections (a) and (e) to read as
follows:
Art. 62.152. 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 is ordered to
register under Chapter 54A, Family Code [adjudication];
(2) resides in another state; and
(3) is employed, carries on a vocation, or is a student
in this state.
(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.
SECTION 14. Article 62.301, Chapter 62, Code of Criminal
Procedure, is amended by amending Subsection (b) to read as
follows:
Text of subsection effective on January 01, 2017
(b) A person is eligible to petition the court as described
by Subsection (a) if:
(1) the person is required to register only as a result
of a single reportable conviction [or adjudication, other than an
adjudication of delinquent conduct]; and
(2) the court has entered in the appropriate judgment
or has filed with the appropriate papers a statement of an
affirmative finding described by Article 42.017 or 42A.105(c).
SECTION 15. Article 62.402, Chapter 62, Code of Criminal
Procedure, is amended by amending Subsections (a), (b), and (c) to
read as follows:
Art. 62.401. DEFINITION. In this subchapter, "council"
means the Council on Sex Offender Treatment.
Art. 62.402. DETERMINATION OF MINIMUM REQUIRED
REGISTRATION PERIOD. (a) The department by rule shall determine
the minimum required registration period under federal law for each
reportable conviction under this chapter, or reportable
adjudication the basis for an order to register under Chapter 54A,
Family Code [under this chapter].
(b) After determining the minimum required registration
period for each reportable conviction or reportable adjudication
under Subsection (a), the department shall compile and publish a
list of reportable convictions, and shall compile a nonpublic list
of [or] reportable adjudications the subject of an order to
register under Chapter 54A for which a person must register under
this chapter for a period that exceeds the minimum required
registration period under federal law.
(c) To the extent possible, the department shall
periodically verify with the United States Department of Justice's
Office of Sex Offender Sentencing, Monitoring, Apprehending,
Registering, and Tracking or another appropriate federal agency or
office the accuracy of the list of reportable convictions or
reportable adjudications described by Subsection (b).
SECTION 16. Article 62.403, Chapter 62, Code of Criminal
Procedure, is amended by amending Subsections (a) and (b) to read as
follows:
Art. 62.403. INDIVIDUAL RISK ASSESSMENT. (a) The council
by rule shall establish, develop, or adopt an individual risk
assessment tool or a group of individual risk assessment tools
that:
(1) evaluates the criminal history of a person
required to register under this chapter; and
(2) seeks to predict:
(A) the likelihood that the person will engage in
criminal activity that may result in the person receiving a second
or subsequent reportable [adjudication or] conviction; and
(B) the continuing danger, if any, that the
person poses to the community.
(b) On the written request of a person with a single
reportable [adjudication or] conviction that appears on the list
published under Article 62.402(b), the council shall:
(1) evaluate the person using the individual risk
assessment tool or group of individual risk assessment tools
established, developed, or adopted under Subsection (a); and
(2) provide to the person a written report detailing
the outcome of an evaluation conducted under Subdivision (1).
SECTION 17. Article 62.404, Chapter 62, Code of Criminal
Procedure, is amended by amending Subsections (a) and (b) to read as
follows:
Art. 62.404. MOTION FOR EARLY TERMINATION. (a) A person
required to register under this chapter who has requested and
received an individual risk assessment under Article 62.403 may
file with the trial court that sentenced the person for the
reportable conviction [or adjudication] a motion for early
termination of the person's obligation to register under this
chapter.
(b) A motion filed under this article must be accompanied
by:
(1) a written explanation of how the reportable
conviction [or adjudication] giving rise to the movant's
registration under this chapter qualifies as a reportable
conviction [or adjudication] that appears on the list published
under Article 62.402(b); and
(2) a certified copy of a written report detailing the
outcome of an individual risk assessment evaluation conducted under
Article 62.403(b)(1).
SECTION 18. Article 62.405, Chapter 62, Code of Criminal
Procedure, is amended by amending Subsection (b) to read as
follows:
(b) The court may not grant a motion filed under Article
62.404 if:
(1) the motion is not accompanied by the documents
required under Article 62.404(b); or
(2) the court determines that the reportable
conviction [or adjudication] for which the movant is required to
register under this chapter is not a reportable conviction [or
adjudication] for which the movant is required to register for a
period that exceeds the minimum required registration period under
federal law.
SECTION 19. Article 62.408, Chapter 62, Code of Criminal
Procedure, is amended to read as follows:
Art. 62.408. NONAPPLICABILITY. This subchapter does not
apply to a person without a reportable conviction [or adjudication]
who is required to register as a condition of parole, release to
mandatory supervision, or community supervision.
SECTION 20. Section 37.302, Education Code, is amended by
amending Subdivision (2) to read as follows:
Sec. 37.302. Applicability.
This subchapter:
(1) applies to a student who is required to register as a sex
offender under Chapter 54A, Family Code or Chapter 62, Code of
Criminal Procedure; and
(2) does not apply to a student who is no longer required to
register as a sex offender under Chapter 54A, Family Code or Chapter
62, Code of Criminal Procedure[, including a student who receives
an exemption from registration under Subchapter H, Chapter 62, Code
of Criminal Procedure, or a student who receives an early
termination of the obligation to register under Subchapter I,
Chapter 62, Code of Criminal Procedure].
SECTION 21. Section 37.303, Education Code, is amended to
read as follows:
Sec. 37.303. REMOVAL OF REGISTERED SEX OFFENDER FROM
REGULAR CLASSROOM.
Notwithstanding any provision of Subchapter A, on receiving
notice under Article 15.27, Code of Criminal Procedure, or Chapter
62, Code of Criminal Procedure, that a student is required to
register as a sex offender under that chapter, a school district may
[shall] remove the student from the regular classroom and determine
the appropriate placement of the student in the manner provided by
this subchapter.
SECTION 22. Section 37.305, Education Code, is redesignated
as Section 37.304, Education Code and amended to read as follows:
Sec. 37.304 [37.305]. PLACEMENT OF REGISTERED SEX OFFENDER
[WHO IS NOT UNDER COURT SUPERVISION].
A school district may place a student to whom this subchapter
applies [and who is not under any form of court supervision] in the
appropriate alternative education program as provided by Section
37.309 for one semester or in the regular classroom. The district
may not place the student in the regular classroom if the district
board of trustees determines that the student's presence in the
regular classroom: (1) threatens the safety of other students or
teachers;
(2) will be detrimental to the educational process; or
(3) is not in the best interests of the district's students.
SECTION 23. Section 37.306, Education Code, is redesignated
as Section 37.305, Education Code and amended by amending
Subsection (a) to read as follows:
Sec. 37.305 [37.306]. REVIEW OF PLACEMENT IN ALTERNATIVE
EDUCATION PROGRAM.
(a) At the end of the first semester of a student's
placement in an alternative education program under Section 37.304
[or 37.305], the school district board of trustees shall convene a
committee to review the student's placement in the alternative
education program. The committee must be composed of: (1) a
classroom teacher from the campus to which the student would be
assigned were the student not placed in an alternative education
program;
(2) the student's parole or probation officer or, in the
case of a student who does not have a parole or probation officer, a
representative of the local juvenile probation department;
(3) an instructor from the alternative education program to
which the student is assigned;
(4) a school district designee selected by the board of
trustees; and
(5) a school counselor employed by the school district.
SECTION 24. Section 37.307, Education Code, is redesignated
as Section 37.306, Education Code and amended by amending
Subsection (b) to read as follows:
Sec. 37.306 [37.307]. PLACEMENT AND REVIEW OF STUDENT WITH
DISABILITY.
(b) The review under Section 37.305 [37.306] of the
placement of a student with a disability who receives special
education services may be made only by a duly constituted
admission, review, and dismissal committee. The admission, review,
and dismissal committee may request that the board of trustees
convene a committee described by Section 37.305(a) [37.306(a)] to
assist the admission, review, and dismissal committee in conducting
the review.
SECTION 25. Section 37.308, Education Code, is redesignated
as Section 37.307, Education Code and amended to read as follows:
Sec. 37.307 [37.308]. TRANSFER OF REGISTERED SEX OFFENDER.
Except as provided by Section 37.304(b), a school district
shall determine whether to place a student to whom this subchapter
applies and who transfers to the district in the appropriate
alternative education program as provided by Section 37.308
[37.309] or in a regular classroom. The school district shall
follow the procedures specified under Section 37.305 [37.306] in
making the determination.
SECTION 26. Section 37.309, Education Code, is redesignated
as Section 37.308, Education Code.
SECTION 27. Section 51.073(d-1), Family Code, is amended to
read as follows:
(d-1) On the final transfer of a case involving a child who
has been adjudicated as having committed an offense for which
registration is [required] ordered under Chapter [62, Code of
Criminal Procedure] 54A, the receiving county shall have
jurisdiction to conduct a hearing under that chapter. This
subsection does not prohibit the receiving county juvenile court
from considering the written recommendations of the sending county
juvenile court.
SECTION 28. Section 54.03, Family Code, is amended by
adding Subsection (k) to read as follows:
(k) If the court or jury found at the conclusion of the
adjudication hearing that the child engaged in delinquent conduct
that constitutes a reportable adjudication under Section
54A.01(2), the child is not required to register as a sex offender
unless there is a court order requiring registration under Chapter
54A.
SECTION 29. Section 54.0405, Family Code, is amended by
amending Subsections (a), (b), (c), (g), and (i) and adding
Subsections (j) to read as follows:
Sec. 54.0405. CHILD PLACED ON PROBATION FOR CONDUCT
CONSTITUTING SEXUAL OFFENSE. (a) If a court or jury makes a
disposition under Section 54.04 in which a child described by
Subsection (b) is placed on probation the court:
(1) may require as a condition of probation that the
child:
(A) attend and successfully complete sex
offender treatment[, psychological counseling sessions for sex
offenders] as provided by Subsection (e); and
(B) submit to a polygraph examination as provided
by Subsection (f) for purposes of evaluating the child's treatment
progress; and
(2) shall require as a condition of probation that the
child[:
(A) register under Chapter 62, Code of Criminal
Procedure; and
[(B)] submit a blood sample or other specimen to
the Department of Public Safety under Subchapter G, Chapter 411,
Government Code, for the purpose of creating a DNA record of the
child, unless the child has already submitted the required specimen
under other state law.
(b) This section applies to a child placed on probation for
conduct constituting an offense for which the child is ordered
[required] to register as a sex offender under [this] Chapter 54A
[62, Code of Criminal Procedure].
(c) Sex offender treatment [Psychological counseling]
required as a condition of probation under Subsection (a) must be
with an individual or organization that:
(1) provides sex offender treatment [or counseling];
(2) is a sex offender treatment provider, as defined
by Section 110.001(7), Occupations Code, specified by the local
juvenile probation department supervising the child; and
(3) meets minimum standards of sex offender treatment
[counseling] established by the local juvenile probation
department in accordance with guidelines established by the council
on sex offender treatment providers and licensing or registry
standards.
(g) A court that requires [as a condition of probation] that
a child attend sex offender treatment [psychological counseling]
under Subsection (a) may order the parent or guardian of the child
to:
(1) attend four sessions of instruction with an
individual or organization specified by the court relating to:
(A) sexual offenses;
(B) family communication skills;
(C) sex offender treatment;
(D) victims' rights;
(E) parental supervision; and
(F) appropriate sexual behavior; and
(2) during the period the child attends sex offender
treatment [psychological counseling], participate in monthly
treatment groups conducted by the child's treatment provider
relating to the child's sex offender treatment [psychological
counseling].
(i) A court that requires as a condition of probation that a
child attend sex offender treatment [psychological counseling
under Subsection (a) may, before the date the probation period
ends, extend the probation for any additional period necessary to
complete the required treatment [counseling] as determined by the
treatment provider, except that the probation may not be extended
to a date after the date of the child's 18th birthday, or 19th
birthday if the child is placed on determinate sentence probation
under Section 54.04(q).
(j) A court that requires that a child attend sex offender
treatment under Subsection (a) shall require the individual or
organization specified by the court to promptly provide upon
request by the prosecuting attorney, the child's attorney or the
juvenile probation department a copy of a report that:
(1) describes the treatment of the child provided by
the individual or organization; and
(2) states the opinion of the treatment provider
whether the child would benefit from further treatment, or should
be successfully or unsuccessfully discharged from further
treatment.
SECTION 30. Section 54.0501, Family Code, is amended by
amending Subsections (g) and (h) to read as follows:
(g) If the juvenile court places the child on probation for
an offense for which registration as a sex offender may be ordered
under Chapter 54A [is required by Chapter 62, Code of Criminal
Procedure, and defers the registration requirement until
completion of treatment for the sex offense under Subchapter H,
Chapter 62, Code of Criminal Procedure], the authority to enter
orders under Chapter 54A [under that article to reexamine the need
for registration on completion of treatment] is transferred to the
court to which probation is transferred.
(h) If the juvenile court places the child on probation for
an offense for which registration as a sex offender may be ordered
under Chapter 54A [is required by Chapter 62, Code of Criminal
Procedure], and the child registers, the authority of the court to
order early termination of registration [excuse further compliance
with the registration requirement] under Section 54A [Subchapter H,
Chapter 62, Code of Criminal Procedure], is transferred to the
court to which probation is transferred.
SECTION 31. Title 3, Family Code, is amended by adding
Chapter 54A to read as follows:
CHAPTER 54A. JUVENILE SEX OFFENDER REGISTRATION
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 54A.01. DEFINITIONS. In this chapter:
(1) "Public or private institution of higher
education" includes a college, university, community college, or
technical or trade institute.
(2) "Reportable adjudication" means an adjudication
of delinquent conduct that, regardless of the pendency of an
appeal, is an adjudication based on:
(A) a violation of Section 21.02 (Continuous
sexual abuse of young child or children), 21.11 (Indecency with a
child), 22.011 (Sexual assault), 22.021 (Aggravated sexual
assault), or 25.02 (Prohibited sexual conduct), Penal Code;
(B) a violation of Section 43.05 (Compelling
prostitution), 43.25 (Sexual performance by a child), or 43.26
(Possession or promotion of child pornography), Penal Code;
(C) a violation of Section 20.04(a)(4)
(Aggravated kidnapping), Penal Code, if the actor committed the
offense or engaged in the conduct with intent to violate or abuse
the victim sexually;
(D) a violation of Section 30.02 (Burglary),
Penal Code, if the offense or conduct is punishable under
Subsection (d) of that section and the actor committed the offense
or engaged in the conduct with intent to commit a felony listed in
Paragraph (A) or (C);
(E) the second violation of Section 21.08
(Indecent exposure), Penal Code;
(F) an attempt, conspiracy, or solicitation, as
defined by Chapter 15, Penal Code, to commit an offense or engage in
conduct listed in Paragraph (A), (B), (C), (D), or (J);
(G) a violation of the laws of another state,
federal law, the laws of a foreign country 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), (F), (I), or (J);
(H) the second violation of the laws of another
state, federal law, the laws of a foreign country for or based on
the violation of an offense containing elements that are
substantially similar to the elements of the offense of indecent
exposure;
(I) a violation of Section 33.021 (Online
solicitation of a minor), Penal Code; or
(J) a violation of Section 20A.02(a)(3), (4),
(7), or (8) (Trafficking of persons), Penal Code.
SUBCHAPTER B. JUVENILE SEX OFFENDER REGISTRATION
Sec. 54A.02. MOTION AND HEARING ON SEX OFFENDER
REGISTRATION. (a) After a disposition hearing for a reportable
offense described in 54A.01(2), the prosecuting attorney may file a
written motion requesting a hearing to require the child to
register as a sex offender:
(1) upon receipt of a report described in Section
54.0405(j) or 245.053(j), Human Resources Code from a licensed sex
offender treatment provider, as that term is defined in Section
110.001(7), Occupations Code, that the child has been
unsuccessfully discharged from sex offender treatment; or
(2) if the child has been adjudicated to have engaged
in delinquent conduct for an offense listed in Section 54A.01(2),
subsequent to a prior adjudication for an offense listed in Section
54A.01(2) for which the child has had an opportunity to complete
court-ordered sex offender treatment.
(b) A hearing under this Chapter is without a jury, and the
burden of persuasion is on the prosecuting attorney to show by a
preponderance of evidence that:
(1) the protection of the public would be increased by
registration under this section; and
(2) any increase in protection of the public resulting
from registration of the child clearly outweighs the anticipated
substantial harm to the child and the child's family that would
result from registration under this Chapter.
(c) Reasonable notice of a hearing to require sex offender
registration shall be given to all parties.
(d) The court at the hearing shall:
(1) consider all relevant evidence, including but not
limited to:
(i) the commission by the child of any other
sexual offense listed in Section 54A.01(2);
(ii) the conduct of the child in the
commission of the offense or offenses which are the subject of the
adjudication;
(iii) any physical, mental or emotional
harm to the victim as a result of the child's conduct;
(iv) the age of the child at the time of the
commission of the offense or offenses; and
(2) make its determination based on:
(i) the receipt of exhibits;
(ii) the testimony of witnesses;
(iii) representations of counsel for the
parties; or
(iv) the contents of a social history
report prepared by the juvenile probation department that may
include the results of testing and examination of the child by a
psychologist, psychiatrist, or counselor.
(e) All written matter considered by the court shall be
disclosed to all parties as provided by Section 54.04(b).
Sec. 54A.03. ORDER GENERALLY. (a) After a hearing under
Section 54A.02, if the court determines that the protection of the
public would be increased by registration under this Chapter and
any increase in protection of the public resulting from
registration of the child clearly outweighs the anticipated
substantial harm to the child and the child's family that would
result from registration under this section, the court shall enter
an order requiring a child to register as a sex offender in
accordance with the registration procedures set out in Chapter 62,
Code of Criminal Procedure, but providing that the registration
information is not public information and is restricted to use by
law enforcement and criminal justice agencies, the Council on Sex
Offender Treatment, the Department of Family and Protective
Services, and public or private institutions of higher education
and may not be posted on the internet or released to the public in
any manner.
(b) After a hearing under this Chapter, if the court finds
the prosecuting attorney has not met its burden regarding
registration, the court shall enter an order so stating and the
child shall not be required to register.
SUBCHAPTER C. REGISTRATION FOR CERTAIN PERSONS
Sec. 54A.04. PERSONS ALREADY REGISTERED. A person who has
registered under Chapter 62, Code of Criminal Procedure as a sex
offender for an adjudication of delinquent conduct prior to
September 1, 2017 and whose registration is on a public registry,
shall be automatically removed from the public registry and that
person's registration shall become nonpublic.
Sec. 54A.05. MOTION, HEARING, AND ORDER CONCERNING PERSON
WITH AN OUT-OF-STATE ADJUDICATION. The prosecuting attorney may
file a motion requesting sex offender registration of a person with
an out-of-state adjudication for an offense listed in Section
54A.01(2). The motion may be filed in the juvenile court of the
person's county of residence. On receipt of a motion under this
subsection, the juvenile court shall conduct a hearing and make
rulings as in other cases under 54A.02.
SUBCHAPTER D. APPEAL OF CERTAIN ORDERS
Sec. 54A.06. APPEAL OF CERTAIN ORDERS. (a)
Notwithstanding Section 56.01, Family Code, on entry by a juvenile
court of an order under Section 54A.03(b) or Section 54A.05(a)
denying the state's motion to require registration, 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 person from
registration under this chapter. The appeal is limited to review of
the order denying the person from registration under this chapter
and may not include any other issues in the case.
(b) A child may under Section 56.01, Family Code, appeal a
juvenile court's order under Section 54A.03(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 ordering registration.
SUBCHAPTER E. EARLY TERMINATION OF OBLIGATION TO REGISTER
Sec. 54A.07. DEFINITION. In this subchapter, "council"
means the Council on Sex Offender Treatment.
Sec. 54A.08. INDIVIDUAL RISK ASSESSMENT. (a) The council
by rule shall establish, develop, or adopt an individual risk
assessment tool or a group of individual risk assessment tools
that:
(1) evaluates the criminal history of a person
required to register under this chapter; and
(2) seeks to predict:
(A) the likelihood that the person will engage in
criminal activity that may result in the person receiving a second
or subsequent reportable adjudication; and
(B) the continuing danger, if any, that the
person poses to the community.
(b) On the written request of a person with a single
reportable adjudication that appears on the nonpublic list compiled
by the Department of Public Safety under Article 62.402(b), the
council shall:
(1) evaluate the person using the individual risk
assessment tool or group of individual risk assessment tools
established, developed, or adopted under Subsection (a); and
(2) provide to the person a written report detailing
the outcome of an evaluation conducted under Subdivision (1).
Sec. 54A.09. MOTION FOR EARLY TERMINATION OF OBLIGATION TO
REGISTER. A person ordered to register under this Chapter for a
reportable adjudication, who has requested and received an
individual risk assessment under Section 54A.08, may file a motion
for early termination of the person's obligation to register under
this Chapter with the juvenile court that adjudicated the person.
(a) A motion filed under this section must be accompanied
by:
(1) A written explanation of how the reportable
adjudication giving rise to the person's registration under this
Chapter qualifies as a reportable adjudication; and
(2) A certified copy of a written report detailing the
outcome of an individual risk assessment evaluation conducted in
accordance with Section 54A.08.
Sec. 54A.10. HEARING ON PETITION. (a) After reviewing a
motion filed with the juvenile court under Section 54A.09, the
court may:
(1) deny without a hearing the person's request for
early termination; or
(2) hold a hearing on the motion to determine whether
to grant or deny the motion.
(b) The court may not grant a motion filed under Section
54A.09 if:
(1) the motion is not accompanied by the documents
required under Section 54A.09; or
(2) the court determines that the reportable
adjudication for which the person is ordered or required to
register under this Chapter is not a reportable adjudication for
which the person is required to register for a period that exceeds
the minimum required registration period under federal law.
Sec. 54A.11. COSTS OF INDIVIDUAL RISK ASSESSMENT AND OF
COURT. A person required to register under this Chapter who files a
motion for early termination of the person's registration
obligation under this Chapter is responsible for and shall remit to
the Council on Sex Offender Treatment and to the court, as
applicable, all costs associated with and incurred by the council
in providing the individual risk assessment or by the court in
holding a hearing under Section 54A.10.
Sec. 54A.12. EFFECT OF ORDER GRANTING EARLY TERMINATION.
(a) If, after notice to the person and to the prosecuting attorney
and a hearing, the court grants a motion filed under Section 54A.09
for early termination of a person's obligation to register under
this Chapter, the person's obligation to register under this
Chapter ends on the later of:
(1) the date the court enters the order of early
termination; or
(2) the date the person has paid each cost described by
Section 54A.11.
(b) If the court grants a motion filed under Section 54A.09
for early termination of a person's obligation to register under
this Chapter, all conditions of the person's parole, release to
mandatory supervision, or community supervision shall be modified
in accordance with the court's order.
SUBCHAPTER F. CONFLICT OF LAW
Sec. 54A.11 CONFLICT OF LAW. In the event of a conflict
between this Chapter and a provision of Chapter 62, Government
Code, the provisions of this Chapter shall prevail.
SECTION 32. Section 58.003(n), Family Code is amended to
read as follows:
(n) A record created or maintained under Chapter 62, Code of
Criminal Procedure as a result of registration based on an order
issued under Chapter 54A, may not be sealed under this section if
the person who is the subject of the record has a continuing
obligation to register under Chapter 62, Code of Criminal Procedure
[that chapter].
SECTION 33. Section 411.1473, Government Code is amended by
amending Subsection (a) to read as follows:
Sec. 411.1473. DNA RECORDS OF CERTAIN REGISTERED SEX
OFFENDERS. (a) This section applies only to a person who is
required to register under Chapter 62, Code of Criminal Procedure
as a result of a reportable conviction under that Chapter or a
person who is ordered to register under Chapter 54A, Family Code.
SECTION 34. Section 245.053, Human Resources Code, is
amended by amending Subsections (a), (b), (c), (g), and (i) and
adding Subsection (j) to read as follows:
Sec. 245.053. SEX OFFENDER COUNSELING AND TREATMENT. (a)
Before releasing a child described by Subsection (b) under
supervision, the department:
(1) may require as a condition of release that the
child:
(A) attend and successfully complete sex
offender treatment, [psychological counseling sessions for sex
offenders] as provided by Subsection (e); and
(B) submit to a polygraph examination as provided
by Subsection (f) for purposes of evaluating the child's treatment
progress; and
(2) shall require as a condition of release that the
child[:
(A) register under Chapter 62, Code of Criminal
Procedure; and
(B)] submit a blood sample or other specimen to
the Department of Public Safety under Subchapter G, Chapter 411,
Government Code, for the purpose of creating a DNA record of the
child, unless the child has already submitted the required specimen
under other state law.
(b) This section applies to a child adjudicated for engaging
in delinquent conduct constituting an offense for which the child
is ordered [required] to register as a sex offender under Chapter
54A, Family Code [62, Code of Criminal Procedure].
(c) Sex offender treatment [Psychological counseling]
required as a condition of release under Subsection (a) must be with
an individual or organization that:
(1) provides sex offender treatment or counseling;
(2) is a sex offender treatment provider, as defined
by Section 110.001(7), Occupations Code, specified by the
department; and
(3) meets minimum standards of counseling established
by the department in accordance with the guidelines established by
the council on sex offender treatment providers and licensing or
registry standards.
(g) If the department requires as a condition of release
that a child attend sex offender treatment [psychological
counseling] under Subsection (a), the department shall notify the
court that committed the child to the department. After receiving
notification from the department under this subsection, the court
may order the parent or guardian of the child to:
(1) attend four sessions of instruction with an
individual or organization specified by the department relating to:
(A) sexual offenses;
(B) family communication skills;
(C) sex offender treatment;
(D) victims' rights;
(E) parental supervision; and
(F) appropriate sexual behavior; and
(2) during the time the child attends sex offender
treatment, [psychological counseling], participate in monthly
treatment groups conducted by the child's treatment provider
relating to the child's sex offender treatment [psychological
counseling].
(i) If the department requires as a condition of release
that a child attend sex offender treatment [psychological
counseling] under Subsection (a), the department may, before the
date the period of release ends, petition the appropriate court to
request the court to extend the period of release for an additional
period necessary to complete the required sex offender treatment
[counseling] as determined by the treatment provider, except that
the release period may not be extended to a date after the date of
the child's 18th birthday.
(j) If the department requires as a condition of release
that a child attend sex offender treatment under subsection (a),
the department shall require the individual or organization
specified by the department to promptly provide upon request of the
department, the prosecuting attorney, or the child's attorney, a
copy of a report that:
(1) describes the treatment of the child provided by
the individual or organization; and
(2) states the opinion of the treatment provider
whether the child would benefit from further treatment, or should
be successfully discharged from further treatment.
SECTION 35. Section 110.001, Occupations Code, is amended
by adding Subdivision (7-a) to read as follows:
(7-a) "Sexual behavior educator/paraprofessional"
means a person, licensed by the council and recognized based on
training and experience to provide psychoeducational and
skills-based interventions to juveniles with sexual behavior
problems who have been adjudicated or referred to a state agency or
a court.
SECTION 36. Section 110.151, Occupations Code, is amended
by amending Subdivision (3) and adding Subdivision (2-a) to read as
follows:
Sec. 110.151. TREATMENT FOR SEX OFFENDERS. The council
shall:
(1) develop treatment strategies for sex offenders by
evaluating in-state and out-of-state programs for sex offender
treatment;
(2) set standards for treatment of sex offenders that
must be met by sex offender treatment providers to be eligible for a
license under this chapter;
(2-a) set standards for residential programs offering
treatment to juveniles with sexual behavior problems; and
(3) recommend to licensing and regulatory boards and
to the directors of current programs methods of improving
residential programs to meet council standards.
SECTION 37. Section 110.152, Occupations Code, is amended
by amending Subsection (2)(A) and adding Subdivision (A-1) to read
as follows:
Sec. 110.152. LIST AND LICENSE REQUIREMENTS. The council
shall:
(1) maintain a list of sex offender treatment
providers under Section 110.161; and
(2) develop and implement by rule under Subchapter G:
(A) topic-specific training requirements for
providers working with juveniles [license requirements]; [and]
(A-1) license requirements; and
(B) procedures for sex offender treatment
providers.
SECTION 38. Section 110.157, Occupations Code, is amended
to read as follows:
Sec. 110.157. CONTINUING EDUCATION PROGRAMS. The council
shall design and conduct continuing education programs for sex
offender treatment providers. Continuing education programs shall
not serve as a substitute for the training curriculum required for
initial licensure. Continuing education programs shall offer
topics specific for specialized populations, including juveniles,
females, and individuals with developmental or intellectual
disabilities.
SECTION 39. Section 110.164, Occupations Code, is amended
by adding Subsection (c) to read as follows:
(c) The council shall develop or adopt a dynamic risk
assessment tool for use as part of an assessment battery to be
administered in determining that a juvenile adjudicated for a
sexual offense and ordered to register under Chapter 54A, Family
Code, will be subject to registration requirements.
SUBCHAPTER E. INTERAGENCY ADVISORY COMMITTEE
SECTION 40. Section 110.302, Occupations Code, is amended
by amending Subsection (c) to read as follows:
(c) The Texas Board of Criminal Justice may vote to exempt
employees of the Texas Department of Criminal Justice from a
specific licensing requirement imposed under this section if the
board determines that the requirement causes financial or
operational hardship on the agency. The Texas Juvenile Justice
Department [Youth Commission] may not exempt any employee of the
commission from a licensing requirement imposed by this section for
any reason.
(c) The governing board of the Texas Juvenile Justice
Department [Youth Commission] may vote to exempt employees of the
Texas Youth Commission from a specific licensing requirement
imposed under this section if the board determines that the
requirement causes financial or operational hardship on the agency.
The Texas Board of Criminal Justice may not exempt any employee of
the Texas Department of Criminal Justice from a licensing
requirement imposed by this section for any reason.
SECTION 41. Subchapter H, Chapter 62, Code of Criminal
Procedure, is repealed.
SECTION 42. Section 37.304, Education Code, as added by
Acts 2007, 80th Leg., R.S., Ch. 1240 (H.B. 2532), Sec. 3, eff. June
15, 2007, and as added by Acts 2007, 80th Leg., R.S., Ch. 1291 (S.B.
6), Sec. 3, eff. September 1, 2007, is repealed.
SECTION 43. This Act takes effect September 1, 2017.