86R7705 JCG-D
By: Fallon S.B. No. 2227
A BILL TO BE ENTITLED
AN ACT
relating to prohibiting a registered sex offender from residing
within a certain distance of the residence of a victim of any
offense committed by the offender for which the offender is subject
to registration.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 62.053(a), Code of Criminal Procedure,
as amended by Chapters 329 (H.B. 355) and 924 (S.B. 1553), Acts of
the 85th Legislature, Regular Session, 2017, is reenacted and
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;
(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(1) [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;
(I) except as provided by Article 62.064(2), the
person may not reside within 10 miles of the residence of a victim
of any offense occurring on or after September 1, 2019, for which
the person is subject to registration under this chapter; and
(J) [(H)] if the person enters the premises of a
school as described by Article 62.065 [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 2. Article 62.058(g), Code of Criminal Procedure,
as added by Chapter 924 (S.B. 1553), Acts of the 85th Legislature,
Regular Session, 2017, is redesignated as Article 62.058(h), Code
of Criminal Procedure, and amended to read as follows:
(h) [(g)] A local law enforcement authority who provides a
person with a registration form for verification as required by
this chapter shall include with the form a statement and, if
applicable, a description of the person's duty to provide notice
under Article 62.065 [62.064].
SECTION 3. Article 62.064, Code of Criminal Procedure, as
added by Chapter 329 (H.B. 355), Acts of the 85th Legislature,
Regular Session, 2017, is amended to read as follows:
Art. 62.064. PROHIBITED LOCATION OF RESIDENCE. A person
subject to registration under this chapter may not reside:
(1) on the campus of a public or private institution of
higher education unless:
(A) [(1)] the person is assigned a numeric risk
level of one based on an assessment conducted using the sex offender
screening tool developed or selected under Article 62.007; and
(B) [(2)] the institution approves the person to
reside on the institution's campus; or
(2) within 10 miles of the residence of a victim of any
offense for which the person is subject to registration under this
chapter, unless the victim changes the victim's residence to be
within 10 miles of the residence of the person.
SECTION 4. Article 62.064, Code of Criminal Procedure, as
added by Chapter 924 (S.B. 1553), Acts of the 85th Legislature,
Regular Session, 2017, is redesignated as Article 62.065, Code of
Criminal Procedure, to read as follows:
Art. 62.065 [62.064]. ENTRY ONTO SCHOOL PREMISES; NOTICE
REQUIRED. (a) In this article:
(1) "Premises" means a building or portion of a
building and the grounds on which the building is located,
including any public or private driveway, street, sidewalk or
walkway, parking lot, or parking garage on the grounds.
(2) "School" has the meaning assigned by Section
481.134, Health and Safety Code.
(b) A person subject to registration under this chapter who
enters the premises of any school in this state during the standard
operating hours of the school shall immediately notify the
administrative office of the school of the person's presence on the
premises of the school and the person's registration status under
this chapter. The office may provide a chaperon to accompany the
person while the person is on the premises of the school.
(c) The requirements of this article:
(1) are in addition to any requirement associated with
the imposition of a child safety zone on the person under Section
508.187, Government Code, or Article 42A.453 of this code; and
(2) do not apply to:
(A) a student enrolled at the school;
(B) a student from another school participating
at an event at the school; or
(C) a person who has entered into a written
agreement with the school that exempts the person from those
requirements.
SECTION 5. The changes in law made by this Act in amending
Chapter 62, Code of Criminal Procedure, apply 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 or based
on an offense committed on or after the effective date of this Act.
A person who is required to register under Chapter 62, Code of
Criminal Procedure, solely on the basis of a conviction or
adjudication for or based on 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. For purposes of this section, an offense
was committed before the effective date of this Act if any element
of the offense occurred before that date.
SECTION 6. To the extent of any conflict, this Act prevails
over another Act of the 86th Legislature, Regular Session, 2019,
relating to nonsubstantive additions to and corrections in enacted
codes.
SECTION 7. This Act takes effect September 1, 2019.