Texas 2019 - 86th Regular

Texas Senate Bill SB2227 Compare Versions

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

Old	New	Differences
1	1	86R7705 JCG-D
2	2	By: Fallon S.B. No. 2227
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to prohibiting a registered sex offender from residing
8	8	within a certain distance of the residence of a victim of any
9	9	offense committed by the offender for which the offender is subject
10	10	to registration.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Article 62.053(a), Code of Criminal Procedure,
13	13	as amended by Chapters 329 (H.B. 355) and 924 (S.B. 1553), Acts of
14	14	the 85th Legislature, Regular Session, 2017, is reenacted and
15	15	amended to read as follows:
16	16	(a) Before a person who will be subject to registration
17	17	under this chapter is due to be released from a penal institution,
18	18	the Texas Department of Criminal Justice or the Texas Juvenile
19	19	Justice Department shall determine the person's level of risk to
20	20	the community using the sex offender screening tool developed or
21	21	selected under Article 62.007 and assign to the person a numeric
22	22	risk level of one, two, or three. Before releasing the person, an
23	23	official of the penal institution shall:
24	24	(1) inform the person that:
25	25	(A) not later than the later of the seventh day
26	26	after the date on which the person is released or after the date on
27	27	which the person moves from a previous residence to a new residence
28	28	in this state or not later than the first date the applicable local
29	29	law enforcement authority by policy allows the person to register
30	30	or verify registration, the person must register or verify
31	31	registration with the local law enforcement authority in the
32	32	municipality or county in which the person intends to reside;
33	33	(B) not later than the seventh day after the date
34	34	on which the person is released or the date on which the person
35	35	moves from a previous residence to a new residence in this state,
36	36	the person must, if the person has not moved to an intended
37	37	residence, report to the applicable entity or entities as required
38	38	by Article 62.051(h) or (j) or 62.055(e);
39	39	(C) not later than the seventh day before the
40	40	date on which the person moves to a new residence in this state or
41	41	another state, the person must report in person to the local law
42	42	enforcement authority designated as the person's primary
43	43	registration authority by the department and to the juvenile
44	44	probation officer, community supervision and corrections
45	45	department officer, or parole officer supervising the person;
46	46	(D) not later than the 10th day after the date on
47	47	which the person arrives in another state in which the person
48	48	intends to reside, the person must register with the law
49	49	enforcement agency that is identified by the department as the
50	50	agency designated by that state to receive registration
51	51	information, if the other state has a registration requirement for
52	52	sex offenders;
53	53	(E) not later than the 30th day after the date on
54	54	which the person is released, the person must apply to the
55	55	department in person for the issuance of an original or renewal
56	56	driver's license or personal identification certificate and a
57	57	failure to apply to the department as required by this paragraph
58	58	results in the automatic revocation of any driver's license or
59	59	personal identification certificate issued by the department to the
60	60	person;
61	61	(F) the person must notify appropriate entities
62	62	of any change in status as described by Article 62.057;
63	63	(G) certain types of employment are prohibited
64	64	under Article 62.063 for a person with a reportable conviction or
65	65	adjudication for a sexually violent offense involving a victim
66	66	younger than 14 years of age and occurring on or after September 1,
67	67	2013; [and]
68	68	(H) certain locations of residence are
69	69	prohibited under Article 62.064(1) [62.064] for a person with a
70	70	reportable conviction or adjudication for an offense occurring on
71	71	or after September 1, 2017, except as otherwise provided by that
72	72	article;
73	73	(I) except as provided by Article 62.064(2), the
74	74	person may not reside within 10 miles of the residence of a victim
75	75	of any offense occurring on or after September 1, 2019, for which
76	76	the person is subject to registration under this chapter; and
77	77	(J) [(H)] if the person enters the premises of a
78	78	school as described by Article 62.065 [62.064] and is subject to the
79	79	requirements of that article, the person must immediately notify
80	80	the administrative office of the school of the person's presence
81	81	and the person's registration status under this chapter;
82	82	(2) require the person to sign a written statement
83	83	that the person was informed of the person's duties as described by
84	84	Subdivision (1) or Subsection (g) or, if the person refuses to sign
85	85	the statement, certify that the person was so informed;
86	86	(3) obtain the address or, if applicable, a detailed
87	87	description of each geographical location where the person expects
88	88	to reside on the person's release and other registration
89	89	information, including a photograph and complete set of
90	90	fingerprints; and
91	91	(4) complete the registration form for the person.
92	92	SECTION 2. Article 62.058(g), Code of Criminal Procedure,
93	93	as added by Chapter 924 (S.B. 1553), Acts of the 85th Legislature,
94	94	Regular Session, 2017, is redesignated as Article 62.058(h), Code
95	95	of Criminal Procedure, and amended to read as follows:
96	96	(h) [(g)] A local law enforcement authority who provides a
97	97	person with a registration form for verification as required by
98	98	this chapter shall include with the form a statement and, if
99	99	applicable, a description of the person's duty to provide notice
100	100	under Article 62.065 [62.064].
101	101	SECTION 3. Article 62.064, Code of Criminal Procedure, as
102	102	added by Chapter 329 (H.B. 355), Acts of the 85th Legislature,
103	103	Regular Session, 2017, is amended to read as follows:
104	104	Art. 62.064. PROHIBITED LOCATION OF RESIDENCE. A person
105	105	subject to registration under this chapter may not reside:
106	106	(1) on the campus of a public or private institution of
107	107	higher education unless:
108	108	(A) [(1)] the person is assigned a numeric risk
109	109	level of one based on an assessment conducted using the sex offender
110	110	screening tool developed or selected under Article 62.007; and
111	111	(B) [(2)] the institution approves the person to
112	112	reside on the institution's campus; or
113	113	(2) within 10 miles of the residence of a victim of any
114	114	offense for which the person is subject to registration under this
115	115	chapter, unless the victim changes the victim's residence to be
116	116	within 10 miles of the residence of the person.
117	117	SECTION 4. Article 62.064, Code of Criminal Procedure, as
118	118	added by Chapter 924 (S.B. 1553), Acts of the 85th Legislature,
119	119	Regular Session, 2017, is redesignated as Article 62.065, Code of
120	120	Criminal Procedure, to read as follows:
121	121	Art. 62.065 [62.064]. ENTRY ONTO SCHOOL PREMISES; NOTICE
122	122	REQUIRED. (a) In this article:
123	123	(1) "Premises" means a building or portion of a
124	124	building and the grounds on which the building is located,
125	125	including any public or private driveway, street, sidewalk or
126	126	walkway, parking lot, or parking garage on the grounds.
127	127	(2) "School" has the meaning assigned by Section
128	128	481.134, Health and Safety Code.
129	129	(b) A person subject to registration under this chapter who
130	130	enters the premises of any school in this state during the standard
131	131	operating hours of the school shall immediately notify the
132	132	administrative office of the school of the person's presence on the
133	133	premises of the school and the person's registration status under
134	134	this chapter. The office may provide a chaperon to accompany the
135	135	person while the person is on the premises of the school.
136	136	(c) The requirements of this article:
137	137	(1) are in addition to any requirement associated with
138	138	the imposition of a child safety zone on the person under Section
139	139	508.187, Government Code, or Article 42A.453 of this code; and
140	140	(2) do not apply to:
141	141	(A) a student enrolled at the school;
142	142	(B) a student from another school participating
143	143	at an event at the school; or
144	144	(C) a person who has entered into a written
145	145	agreement with the school that exempts the person from those
146	146	requirements.
147	147	SECTION 5. The changes in law made by this Act in amending
148	148	Chapter 62, Code of Criminal Procedure, apply only to a person who
149	149	is required to register under Chapter 62, Code of Criminal
150	150	Procedure, on the basis of a conviction or adjudication for or based
151	151	on an offense committed on or after the effective date of this Act.
152	152	A person who is required to register under Chapter 62, Code of
153	153	Criminal Procedure, solely on the basis of a conviction or
154	154	adjudication for or based on an offense committed before the
155	155	effective date of this Act is governed by the law in effect on the
156	156	date the offense was committed, and the former law is continued in
157	157	effect for that purpose. For purposes of this section, an offense
158	158	was committed before the effective date of this Act if any element
159	159	of the offense occurred before that date.
160	160	SECTION 6. To the extent of any conflict, this Act prevails
161	161	over another Act of the 86th Legislature, Regular Session, 2019,
162	162	relating to nonsubstantive additions to and corrections in enacted
163	163	codes.
164	164	SECTION 7. This Act takes effect September 1, 2019.