Texas 2017 - 85th Regular

Texas House Bill HB355 Compare Versions

Version 1 (Old)

Version 2 (New)

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1		-	By: Raney, et al. (Senate Sponsor - Buckingham) H.B. No. 355
2		-	(In the Senate - Received from the House April 24, 2017;
3		-	May 1, 2017, read first time and referred to Committee on Criminal
4		-	Justice; May 11, 2017, reported favorably by the following vote:
5		-	Yeas 8, Nays 0; May 11, 2017, sent to printer.)
6		-	Click here to see the committee vote
	1	+	H.B. No. 355
7	2
8	3
9		-	A BILL TO BE ENTITLED
10	4		AN ACT
11	5		relating to prohibiting certain sex offenders from residing on the
12	6		campus of a public or private institution of higher education.
13	7		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	8		SECTION 1. Subchapter B, Chapter 62, Code of Criminal
15	9		Procedure, is amended by adding Article 62.064 to read as follows:
16	10		Art. 62.064. PROHIBITED LOCATION OF RESIDENCE. A person
17	11		subject to registration under this chapter may not reside on the
18	12		campus of a public or private institution of higher education
19	13		unless:
20	14		(1) the person is assigned a numeric risk level of one
21	15		based on an assessment conducted using the sex offender screening
22	16		tool developed or selected under Article 62.007; and
23	17		(2) the institution approves the person to reside on
24	18		the institution's campus.
25	19		SECTION 2. Article 62.053(a), Code of Criminal Procedure,
26	20		is amended to read as follows:
27	21		(a) Before a person who will be subject to registration
28	22		under this chapter is due to be released from a penal institution,
29	23		the Texas Department of Criminal Justice or the Texas Juvenile
30	24		Justice Department shall determine the person's level of risk to
31	25		the community using the sex offender screening tool developed or
32	26		selected under Article 62.007 and assign to the person a numeric
33	27		risk level of one, two, or three. Before releasing the person, an
34	28		official of the penal institution shall:
35	29		(1) inform the person that:
36	30		(A) not later than the later of the seventh day
37	31		after the date on which the person is released or after the date on
38	32		which the person moves from a previous residence to a new residence
39	33		in this state or not later than the first date the applicable local
40	34		law enforcement authority by policy allows the person to register
41	35		or verify registration, the person must register or verify
42	36		registration with the local law enforcement authority in the
43	37		municipality or county in which the person intends to reside;
44	38		(B) not later than the seventh day after the date
45	39		on which the person is released or the date on which the person
46	40		moves from a previous residence to a new residence in this state,
47	41		the person must, if the person has not moved to an intended
48	42		residence, report to the applicable entity or entities as required
49	43		by Article 62.051(h) or (j) or 62.055(e);
50	44		(C) not later than the seventh day before the
51	45		date on which the person moves to a new residence in this state or
52	46		another state, the person must report in person to the local law
53	47		enforcement authority designated as the person's primary
54	48		registration authority by the department and to the juvenile
55	49		probation officer, community supervision and corrections
56	50		department officer, or parole officer supervising the person;
57	51		(D) not later than the 10th day after the date on
58	52		which the person arrives in another state in which the person
59	53		intends to reside, the person must register with the law
60	54		enforcement agency that is identified by the department as the
61	55		agency designated by that state to receive registration
62	56		information, if the other state has a registration requirement for
63	57		sex offenders;
64	58		(E) not later than the 30th day after the date on
65	59		which the person is released, the person must apply to the
66	60		department in person for the issuance of an original or renewal
67	61		driver's license or personal identification certificate and a
68	62		failure to apply to the department as required by this paragraph
69	63		results in the automatic revocation of any driver's license or
70	64		personal identification certificate issued by the department to the
71	65		person;
72	66		(F) the person must notify appropriate entities
73	67		of any change in status as described by Article 62.057; [and]
74	68		(G) certain types of employment are prohibited
75	69		under Article 62.063 for a person with a reportable conviction or
76	70		adjudication for a sexually violent offense involving a victim
77	71		younger than 14 years of age and occurring on or after September 1,
78	72		2013; and
79	73		(H) certain locations of residence are
80	74		prohibited under Article 62.064 for a person with a reportable
81	75		conviction or adjudication for an offense occurring on or after
82	76		September 1, 2017, except as otherwise provided by that article;
83	77		(2) require the person to sign a written statement
84	78		that the person was informed of the person's duties as described by
85	79		Subdivision (1) or Subsection (g) or, if the person refuses to sign
86	80		the statement, certify that the person was so informed;
87	81		(3) obtain the address or, if applicable, a detailed
88	82		description of each geographical location where the person expects
89	83		to reside on the person's release and other registration
90	84		information, including a photograph and complete set of
91	85		fingerprints; and
92	86		(4) complete the registration form for the person.
93	87		SECTION 3. Article 62.058, Code of Criminal Procedure, is
94	88		amended by adding Subsection (g) to read as follows:
95	89		(g) A local law enforcement authority that provides to a
96	90		person a registration form for verification as required by this
97	91		chapter shall include with the form a statement describing the
98	92		prohibition under Article 62.064.
99	93		SECTION 4. (a) The change in law made by this Act in adding
100	94		Article 62.064, Code of Criminal Procedure, applies only to a
101	95		person who is required to register under Chapter 62, Code of
102	96		Criminal Procedure, on the basis of a conviction or adjudication
103	97		for an offense committed on or after the effective date of this Act.
104	98		An offense committed before the effective date of this Act is
105	99		governed by the law in effect on the date the offense was committed,
106	100		and the former law is continued in effect for that purpose.
107	101		(b) A person who is required to register under Chapter 62,
108	102		Code of Criminal Procedure, solely on the basis of a conviction or
109	103		adjudication that occurs before the effective date of this Act is
110	104		governed by the law in effect when the conviction or adjudication
111	105		occurred, and the former law is continued in effect for that
112	106		purpose.
113	107		SECTION 5. This Act takes effect September 1, 2017.
114		-	* * * * *
	108	+	______________________________ ______________________________
	109	+	President of the Senate Speaker of the House
	110	+	I certify that H.B. No. 355 was passed by the House on April
	111	+	20, 2017, by the following vote: Yeas 144, Nays 0, 2 present, not
	112	+	voting.
	113	+	______________________________
	114	+	Chief Clerk of the House
	115	+	I certify that H.B. No. 355 was passed by the Senate on May
	116	+	19, 2017, by the following vote: Yeas 31, Nays 0.
	117	+	______________________________
	118	+	Secretary of the Senate
	119	+	APPROVED: _____________________
	120	+	Date
	121	+	_____________________
	122	+	Governor