Texas 2023 - 88th Regular

Texas House Bill HB4061 Compare Versions

Version 1 (Old)

Version 2 (New)

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1	1	By: Schatzline, et al. (Senate Sponsor - Hughes) H.B. No. 4061
2	2	(In the Senate - Received from the House May 10, 2023;
3	3	May 12, 2023, read first time and referred to Committee on State
4	4	Affairs; May 21, 2023, reported adversely, with favorable
5	5	Committee Substitute by the following vote: Yeas 9, Nays 0;
6	6	May 21, 2023, sent to printer.)
7	7	Click here to see the committee vote
8	8	COMMITTEE SUBSTITUTE FOR H.B. No. 4061 By: Hughes
9	9
10	10
11	11	A BILL TO BE ENTITLED
12	12	AN ACT
13	13	relating to prohibiting a registered sex offender in certain
14	14	circumstances from going within a certain distance of the residence
15	15	of the victim of the offense for which the offender is subject to
16	16	registration.
17	17	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
18	18	SECTION 1. This Act may be cited as Brooke's Boundary.
19	19	SECTION 2. Article 62.053(a), Code of Criminal Procedure,
20	20	is amended to read as follows:
21	21	(a) Before a person who will be subject to registration
22	22	under this chapter is due to be released from a penal institution,
23	23	the Texas Department of Criminal Justice or the Texas Juvenile
24	24	Justice Department shall determine the person's level of risk to
25	25	the community using the sex offender screening tool developed or
26	26	selected under Article 62.007 and assign to the person a numeric
27	27	risk level of one, two, or three. Before releasing the person, an
28	28	official of the penal institution shall:
29	29	(1) inform the person that:
30	30	(A) not later than the later of the seventh day
31	31	after the date on which the person is released or after the date on
32	32	which the person moves from a previous residence to a new residence
33	33	in this state or not later than the first date the applicable local
34	34	law enforcement authority by policy allows the person to register
35	35	or verify registration, the person must register or verify
36	36	registration with the local law enforcement authority in the
37	37	municipality or county in which the person intends to reside;
38	38	(B) not later than the seventh day after the date
39	39	on which the person is released or the date on which the person
40	40	moves from a previous residence to a new residence in this state,
41	41	the person must, if the person has not moved to an intended
42	42	residence, report to the applicable entity or entities as required
43	43	by Article 62.051(h) or (j) or 62.055(e);
44	44	(C) not later than the seventh day before the
45	45	date on which the person moves to a new residence in this state or
46	46	another state, the person must report in person to the local law
47	47	enforcement authority designated as the person's primary
48	48	registration authority by the department and to the juvenile
49	49	probation officer, community supervision and corrections
50	50	department officer, or parole officer supervising the person;
51	51	(D) not later than the 10th day after the date on
52	52	which the person arrives in another state in which the person
53	53	intends to reside, the person must register with the law
54	54	enforcement agency that is identified by the department as the
55	55	agency designated by that state to receive registration
56	56	information, if the other state has a registration requirement for
57	57	sex offenders;
58	58	(E) not later than the 30th day after the date on
59	59	which the person is released, the person must apply to the
60	60	department in person for the issuance of an original or renewal
61	61	driver's license or personal identification certificate and a
62	62	failure to apply to the department as required by this paragraph
63	63	results in the automatic revocation of any driver's license or
64	64	personal identification certificate issued by the department to the
65	65	person;
66	66	(F) the person must notify appropriate entities
67	67	of any change in status as described by Article 62.057;
68	68	(G) certain types of employment are prohibited
69	69	under Article 62.063 for a person with a reportable conviction or
70	70	adjudication for a sexually violent offense involving a victim
71	71	younger than 14 years of age and occurring on or after September 1,
72	72	2013;
73	73	(H) certain locations of residence are
74	74	prohibited under Article 62.064 for a person with a reportable
75	75	conviction or adjudication for an offense occurring on or after
76	76	September 1, 2017, except as otherwise provided by that article;
77	77	[and]
78	78	(I) if the person enters the premises of a school
79	79	as described by Article 62.065 and is subject to the requirements of
80	80	that article, the person must immediately notify the administrative
81	81	office of the school of the person's presence and the person's
82	82	registration status under this chapter; and
83	83	(J) if the person was at least 17 years of age at
84	84	the time the offense for which the person is subject to
85	85	registration under this chapter was committed, the person may not
86	86	intentionally go within 2,500 feet of a place the person knows to
87	87	be the residence of the victim of the offense unless the victim
88	88	moves to a residence that is within 2,500 feet of the person's
89	89	residence;
90	90	(2) require the person to sign a written statement
91	91	that the person was informed of the person's duties as described by
92	92	Subdivision (1) or Subsection (g) or, if the person refuses to sign
93	93	the statement, certify that the person was so informed;
94	94	(3) obtain the address or, if applicable, a detailed
95	95	description of each geographical location where the person expects
96	96	to reside on the person's release and other registration
97	97	information, including a photograph and complete set of
98	98	fingerprints; and
99	99	(4) complete the registration form for the person.
100	100	SECTION 3. Subchapter B, Chapter 62, Code of Criminal Procedure, is
101	101	amended by adding Article 62.066 to read as follows:
102	102	Art. 62.066. PROXIMITY TO CERTAIN LOCATIONS. (a) Except as
103	103	provided by Subsection (b), a person subject to registration under
104	104	this chapter may not intentionally go within 2,500 feet of a place
105	105	the person knows to be the residence of the victim of the offense
106	106	for which the person is subject to registration under this chapter.
107	107	(b) This article does not apply to a person subject to registration
108	108	under this chapter if:
109	109	(1) the victim described by Subsection (a) moves to a
110	110	residence that is within 2,500 feet of the person's residence; or
111	111	(2) the person subject to registration was younger
112	112	than 17 years of age at the time the offense for which the person is
113	113	subject to registration under this chapter was committed.
114	114	SECTION 4. The change in law made by this Act in amending
115	115	Chapter 62, Code of Criminal Procedure, applies to a person who is
116	116	required to register under Chapter 62, Code of Criminal Procedure,
117	117	on or after the effective date of this Act, regardless of whether
118	118	the offense or conduct for which the person is required to register
119	119	occurs before, on, or after the effective date of this Act.
120	120	SECTION 5. This Act takes effect September 1, 2023.
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