By: Meyer H.B. No. 4590
A BILL TO BE ENTITLED
AN ACT
relating to the registration of a person in the state sex offender
registry.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Art. 62.051, Code of Criminal Procedure, is
amended by amending Subsections (a) and (f) to read as follows:
(a) A person who has a reportable conviction or 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 date of 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.
(f) Not later than the seventh day after the date on which
the person is released, a person for whom registration is completed
under this chapter shall report to the applicable local law
enforcement authority to verify the information in the registration
form received by the authority under this chapter. The authority
shall require the person to produce proof of the person's identity
and residence before the authority gives the registration form to
the person for verification. If the information in the registration
form is complete and accurate, the person shall verify registration
by signing the form. If the information is not complete or not
accurate, the person shall make any necessary additions or
corrections before signing the form.
SECTION 2. Art. 62.053, Code of Criminal Procedure, is
amended by amending Subsections (a) 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;
(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
Text of paragraph as added by Acts 2017, 85th Leg., R.S., Ch.
329 (H.B. 355), Sec. 2
(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, except as otherwise provided by that article;
T
ext of paragraph as added by Acts 2017, 85th Leg., R.S., Ch.
924 (S.B. 1553), Sec. 1
(H) if the person enters the premises of a school
as described by Article 62.064 and is subject to the requirements of
that article, the person must immediately notify the administrative
office of the school of the person's presence and the person's
registration status under this chapter;
(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 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section39, Article III, Texas Constitution. If this Act
does not receive the vote necessary for immediate effect, this Act
takes effect September 1, 2019.