By: Schatzline, et al. (Senate Sponsor - Hughes) H.B. No. 4061
(In the Senate - Received from the House May 10, 2023;
May 12, 2023, read first time and referred to Committee on State
Affairs; May 21, 2023, reported adversely, with favorable
Committee Substitute by the following vote: Yeas 9, Nays 0;
May 21, 2023, sent to printer.)
Click here to see the committee vote
COMMITTEE SUBSTITUTE FOR H.B. No. 4061 By: Hughes
A BILL TO BE ENTITLED
AN ACT
relating to prohibiting a registered sex offender in certain
circumstances from going within a certain distance of the residence
of the victim of the offense for which the offender is subject to
registration.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. This Act may be cited as Brooke's Boundary.
SECTION 2. 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;
(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;
(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;
[and]
(I) if the person enters the premises of a school
as described by Article 62.065 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; and
(J) if the person was at least 17 years of age at
the time the offense for which the person is subject to
registration under this chapter was committed, the person may not
intentionally go within 2,500 feet of a place the person knows to
be the residence of the victim of the offense unless the victim
moves to a residence that is within 2,500 feet of the person's
residence;
(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. Subchapter B, Chapter 62, Code of Criminal Procedure, is
amended by adding Article 62.066 to read as follows:
Art. 62.066. PROXIMITY TO CERTAIN LOCATIONS. (a) Except as
provided by Subsection (b), a person subject to registration under
this chapter may not intentionally go within 2,500 feet of a place
the person knows to be the residence of the victim of the offense
for which the person is subject to registration under this chapter.
(b) This article does not apply to a person subject to registration
under this chapter if:
(1) the victim described by Subsection (a) moves to a
residence that is within 2,500 feet of the person's residence; or
(2) the person subject to registration was younger
than 17 years of age at the time the offense for which the person is
subject to registration under this chapter was committed.
SECTION 4. The change in law made by this Act in amending
Chapter 62, Code of Criminal Procedure, applies to a person who is
required to register under Chapter 62, Code of Criminal Procedure,
on or after the effective date of this Act, regardless of whether
the offense or conduct for which the person is required to register
occurs before, on, or after the effective date of this Act.
SECTION 5. This Act takes effect September 1, 2023.
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