Texas 2023 - 88th Regular

Texas House Bill HB3086 Compare Versions

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11 88R13046 MCF-D
22 By: Lalani H.B. No. 3086
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55 A BILL TO BE ENTITLED
66 AN ACT
77 relating to prohibiting sex offenders from purchasing firearms.
88 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
99 SECTION 1. Subchapter B, Chapter 62, Code of Criminal
1010 Procedure, is amended by adding Article 62.066 to read as follows:
1111 Art. 62.066. PROHIBITED FIREARM PURCHASE. A person subject
1212 to registration under this chapter may not purchase a firearm as
1313 defined by Section 46.01, Penal Code.
1414 SECTION 2. Article 62.053(a), Code of Criminal Procedure,
1515 is amended to read as follows:
1616 (a) Before a person who will be subject to registration
1717 under this chapter is due to be released from a penal institution,
1818 the Texas Department of Criminal Justice or the Texas Juvenile
1919 Justice Department shall determine the person's level of risk to
2020 the community using the sex offender screening tool developed or
2121 selected under Article 62.007 and assign to the person a numeric
2222 risk level of one, two, or three. Before releasing the person, an
2323 official of the penal institution shall:
2424 (1) inform the person that:
2525 (A) not later than the later of the seventh day
2626 after the date on which the person is released or after the date on
2727 which the person moves from a previous residence to a new residence
2828 in this state or not later than the first date the applicable local
2929 law enforcement authority by policy allows the person to register
3030 or verify registration, the person must register or verify
3131 registration with the local law enforcement authority in the
3232 municipality or county in which the person intends to reside;
3333 (B) not later than the seventh day after the date
3434 on which the person is released or the date on which the person
3535 moves from a previous residence to a new residence in this state,
3636 the person must, if the person has not moved to an intended
3737 residence, report to the applicable entity or entities as required
3838 by Article 62.051(h) or (j) or 62.055(e);
3939 (C) not later than the seventh day before the
4040 date on which the person moves to a new residence in this state or
4141 another state, the person must report in person to the local law
4242 enforcement authority designated as the person's primary
4343 registration authority by the department and to the juvenile
4444 probation officer, community supervision and corrections
4545 department officer, or parole officer supervising the person;
4646 (D) not later than the 10th day after the date on
4747 which the person arrives in another state in which the person
4848 intends to reside, the person must register with the law
4949 enforcement agency that is identified by the department as the
5050 agency designated by that state to receive registration
5151 information, if the other state has a registration requirement for
5252 sex offenders;
5353 (E) not later than the 30th day after the date on
5454 which the person is released, the person must apply to the
5555 department in person for the issuance of an original or renewal
5656 driver's license or personal identification certificate and a
5757 failure to apply to the department as required by this paragraph
5858 results in the automatic revocation of any driver's license or
5959 personal identification certificate issued by the department to the
6060 person;
6161 (F) the person must notify appropriate entities
6262 of any change in status as described by Article 62.057;
6363 (G) certain types of employment are prohibited
6464 under Article 62.063 for a person with a reportable conviction or
6565 adjudication for a sexually violent offense involving a victim
6666 younger than 14 years of age and occurring on or after September 1,
6767 2013;
6868 (H) certain locations of residence are
6969 prohibited under Article 62.064 for a person with a reportable
7070 conviction or adjudication for an offense occurring on or after
7171 September 1, 2017, except as otherwise provided by that article;
7272 [and]
7373 (I) if the person enters the premises of a school
7474 as described by Article 62.065 and is subject to the requirements of
7575 that article, the person must immediately notify the administrative
7676 office of the school of the person's presence and the person's
7777 registration status under this chapter; and
7878 (J) a person with a reportable conviction or
7979 adjudication for an offense occurring on or after September 1,
8080 2023, may not purchase a firearm, as provided by Article 62.066;
8181 (2) require the person to sign a written statement
8282 that the person was informed of the person's duties as described by
8383 Subdivision (1) or Subsection (g) or, if the person refuses to sign
8484 the statement, certify that the person was so informed;
8585 (3) obtain the address or, if applicable, a detailed
8686 description of each geographical location where the person expects
8787 to reside on the person's release and other registration
8888 information, including a photograph and complete set of
8989 fingerprints; and
9090 (4) complete the registration form for the person.
9191 SECTION 3. Article 62.058(g), Code of Criminal Procedure,
9292 is amended to read as follows:
9393 (g) A local law enforcement authority that provides to a
9494 person a registration form for verification as required by this
9595 chapter shall include with the form a statement describing the
9696 prohibitions [prohibition] under Articles [Article] 62.064 and
9797 62.066.
9898 SECTION 4. (a) The change in law made by this Act in adding
9999 Article 62.066, Code of Criminal Procedure, applies only to a
100100 person who is required to register under Chapter 62, Code of
101101 Criminal Procedure, on the basis of a conviction or adjudication
102102 for an offense committed on or after the effective date of this Act.
103103 An offense committed before the effective date of this Act is
104104 governed by the law in effect on the date the offense was committed,
105105 and the former law is continued in effect for that purpose.
106106 (b) A person who is required to register under Chapter 62,
107107 Code of Criminal Procedure, solely on the basis of a conviction or
108108 adjudication that occurs before the effective date of this Act is
109109 governed by the law in effect on the date the conviction or
110110 adjudication occurred, and the former law is continued in effect
111111 for that purpose.
112112 SECTION 5. This Act takes effect September 1, 2023.