85R1044 KJE-D
By: Buckingham S.B. No. 1041
A BILL TO BE ENTITLED
AN ACT
relating to prohibiting certain sex offenders from residing on the
campus of a public or private institution of higher education.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter B, Chapter 62, Code of Criminal
Procedure, is amended by adding Article 62.064 to read as follows:
Art. 62.064. PROHIBITED LOCATION OF RESIDENCE. A person
subject to registration under this chapter may not reside on the
campus of a public or private institution of higher education.
SECTION 2. Article 62.051(e), Code of Criminal Procedure,
is amended to read as follows:
(e) Not later than the third day after a person's
registering, the local law enforcement authority with whom the
person registered shall send a copy of the registration form to the
department [and, if the person resides on the campus of a public or
private institution of higher education, to any authority for
campus security for that institution].
SECTION 3. Article 62.053(a), Code of Criminal Procedure,
is amended to read as follows:
(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 and occurring on or after September 1,
2013; and
(H) certain locations of residence are
prohibited under Article 62.064 for a person with a reportable
conviction or adjudication for an offense occurring on or after
September 1, 2017;
(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.
SECTION 4. Article 62.058, Code of Criminal Procedure, is
amended by adding Subsection (g) to read as follows:
(g) A local law enforcement authority that provides to a
person subject to the prohibition described by Article 62.064 a
registration form for verification as required by this chapter
shall include with the form a statement describing the prohibition.
SECTION 5. (a) The change in law made by this Act in adding
Article 62.064, Code of Criminal Procedure, applies only to a
person who is required to register under Chapter 62, Code of
Criminal Procedure, on the basis of a conviction or adjudication
for an offense committed on or after the effective date of this Act.
An offense committed before the effective date of this Act is
governed by the law in effect on the date the offense was committed,
and the former law is continued in effect for that purpose.
(b) A person who is required to register under Chapter 62,
Code of Criminal Procedure, solely on the basis of a conviction or
adjudication that occurs before the effective date of this Act is
governed by the law in effect when the conviction or adjudication
occurred, and the former law is continued in effect for that
purpose.
SECTION 6. This Act takes effect September 1, 2017.