Texas 2017 - 85th Regular

Texas Senate Bill SB1041 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	85R1044 KJE-D
2	2	By: Buckingham S.B. No. 1041
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to prohibiting certain sex offenders from residing on the
8	8	campus of a public or private institution of higher education.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subchapter B, Chapter 62, Code of Criminal
11	11	Procedure, is amended by adding Article 62.064 to read as follows:
12	12	Art. 62.064. PROHIBITED LOCATION OF RESIDENCE. A person
13	13	subject to registration under this chapter may not reside on the
14	14	campus of a public or private institution of higher education.
15	15	SECTION 2. Article 62.051(e), Code of Criminal Procedure,
16	16	is amended to read as follows:
17	17	(e) Not later than the third day after a person's
18	18	registering, the local law enforcement authority with whom the
19	19	person registered shall send a copy of the registration form to the
20	20	department [and, if the person resides on the campus of a public or
21	21	private institution of higher education, to any authority for
22	22	campus security for that institution].
23	23	SECTION 3. Article 62.053(a), Code of Criminal Procedure,
24	24	is amended to read as follows:
25	25	(a) Before a person who will be subject to registration
26	26	under this chapter is due to be released from a penal institution,
27	27	the Texas Department of Criminal Justice or the Texas Juvenile
28	28	Justice Department shall determine the person's level of risk to
29	29	the community using the sex offender screening tool developed or
30	30	selected under Article 62.007 and assign to the person a numeric
31	31	risk level of one, two, or three. Before releasing the person, an
32	32	official of the penal institution shall:
33	33	(1) inform the person that:
34	34	(A) not later than the later of the seventh day
35	35	after the date on which the person is released or after the date on
36	36	which the person moves from a previous residence to a new residence
37	37	in this state or not later than the first date the applicable local
38	38	law enforcement authority by policy allows the person to register
39	39	or verify registration, the person must register or verify
40	40	registration with the local law enforcement authority in the
41	41	municipality or county in which the person intends to reside;
42	42	(B) not later than the seventh day after the date
43	43	on which the person is released or the date on which the person
44	44	moves from a previous residence to a new residence in this state,
45	45	the person must, if the person has not moved to an intended
46	46	residence, report to the applicable entity or entities as required
47	47	by Article 62.051(h) or (j) or 62.055(e);
48	48	(C) not later than the seventh day before the
49	49	date on which the person moves to a new residence in this state or
50	50	another state, the person must report in person to the local law
51	51	enforcement authority designated as the person's primary
52	52	registration authority by the department and to the juvenile
53	53	probation officer, community supervision and corrections
54	54	department officer, or parole officer supervising the person;
55	55	(D) not later than the 10th day after the date on
56	56	which the person arrives in another state in which the person
57	57	intends to reside, the person must register with the law
58	58	enforcement agency that is identified by the department as the
59	59	agency designated by that state to receive registration
60	60	information, if the other state has a registration requirement for
61	61	sex offenders;
62	62	(E) not later than the 30th day after the date on
63	63	which the person is released, the person must apply to the
64	64	department in person for the issuance of an original or renewal
65	65	driver's license or personal identification certificate and a
66	66	failure to apply to the department as required by this paragraph
67	67	results in the automatic revocation of any driver's license or
68	68	personal identification certificate issued by the department to the
69	69	person;
70	70	(F) the person must notify appropriate entities
71	71	of any change in status as described by Article 62.057; [and]
72	72	(G) certain types of employment are prohibited
73	73	under Article 62.063 for a person with a reportable conviction or
74	74	adjudication for a sexually violent offense involving a victim
75	75	younger than 14 years of age and occurring on or after September 1,
76	76	2013; and
77	77	(H) certain locations of residence are
78	78	prohibited under Article 62.064 for a person with a reportable
79	79	conviction or adjudication for an offense occurring on or after
80	80	September 1, 2017;
81	81	(2) require the person to sign a written statement
82	82	that the person was informed of the person's duties as described by
83	83	Subdivision (1) or Subsection (g) or, if the person refuses to sign
84	84	the statement, certify that the person was so informed;
85	85	(3) obtain the address or, if applicable, a detailed
86	86	description of each geographical location where the person expects
87	87	to reside on the person's release and other registration
88	88	information, including a photograph and complete set of
89	89	fingerprints; and
90	90	(4) complete the registration form for the person.
91	91	SECTION 4. Article 62.058, Code of Criminal Procedure, is
92	92	amended by adding Subsection (g) to read as follows:
93	93	(g) A local law enforcement authority that provides to a
94	94	person subject to the prohibition described by Article 62.064 a
95	95	registration form for verification as required by this chapter
96	96	shall include with the form a statement describing the prohibition.
97	97	SECTION 5. (a) The change in law made by this Act in adding
98	98	Article 62.064, Code of Criminal Procedure, applies only to a
99	99	person who is required to register under Chapter 62, Code of
100	100	Criminal Procedure, on the basis of a conviction or adjudication
101	101	for an offense committed on or after the effective date of this Act.
102	102	An offense committed before the effective date of this Act is
103	103	governed by the law in effect on the date the offense was committed,
104	104	and the former law is continued in effect for that purpose.
105	105	(b) A person who is required to register under Chapter 62,
106	106	Code of Criminal Procedure, solely on the basis of a conviction or
107	107	adjudication that occurs before the effective date of this Act is
108	108	governed by the law in effect when the conviction or adjudication
109	109	occurred, and the former law is continued in effect for that
110	110	purpose.
111	111	SECTION 6. This Act takes effect September 1, 2017.