S.B. No. 1518
AN ACT
relating to the establishment of a terrorist offender registry and
to the supervision of those terrorist offenders; creating criminal
offenses related to terrorism.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Title 1, Code of Criminal Procedure, is amended
by adding Chapter 65 to read as follows:
CHAPTER 65. TERRORIST OFFENDER REGISTRATION PROGRAM
SUBCHAPTER A. GENERAL PROVISIONS
Art. 65.001. DEFINITIONS. In this chapter:
(1) "Authority for campus security" means the
authority with primary law enforcement jurisdiction over property
under the control of a public or private institution of higher
education.
(2) "Centralized registration authority" means a
mandatory countywide registration location designated under
Article 65.005.
(3) "Criminal justice official" means a chief of
police of a municipality, sheriff, constable, county attorney with
criminal jurisdiction, district attorney, or criminal district
attorney.
(4) "Department" means the Department of Public
Safety.
(5) "Extrajurisdictional registrant" means a person
who is required to register as a terrorist under the laws of another
state with which the department has entered into a reciprocal
registration agreement.
(6) "Local law enforcement authority" means the office
of the chief of police of a municipality, the office of the sheriff
of a county in this state, or a centralized registration authority.
(7) "Officer" means a juvenile probation officer,
community supervision and corrections department officer, or
parole officer.
(8) "Penal institution" means:
(A) a confinement facility operated by or under
contract with any division of the Texas Department of Criminal
Justice;
(B) a confinement facility operated by or under
contract with the Texas Juvenile Justice Department;
(C) a juvenile secure pre-adjudication or
post-adjudication facility operated by or under a local juvenile
probation department; or
(D) a county jail.
(9) "Released" means discharged, paroled, placed in a
nonsecure community program for juvenile offenders, or placed on
juvenile probation, community supervision, or mandatory
supervision.
(10) "Reportable conviction or adjudication" means a
conviction or adjudication, including an adjudication of
delinquent conduct or deferred adjudication, that, regardless of
the pendency of an appeal, is a conviction for or an adjudication
for committing:
(A) an offense under Chapter 76, Penal Code;
(B) an offense described by 18 U.S.C. Section
2332b(g)(5);
(C) an offense under 18 U.S.C. Section 2332f,
2332g, 2332h, or 2332i; or
(D) an offense against the Uniform Code of
Military Justice, against a state or territory of the United
States, or against a foreign country, where the offense contains
elements that are substantially similar to the elements of an
offense described by this subdivision.
(11) "Terrorist offender" means a person who has a
reportable conviction or adjudication.
Art. 65.002. APPLICABILITY OF CHAPTER. (a) This chapter
applies only to a reportable conviction or adjudication occurring
on or after January 1, 2024.
(b) Except as provided by Subsection (c), the duties imposed
on a person required to register under this chapter on the basis of
a reportable conviction or adjudication, and the corresponding
duties and powers of other entities in relation to the person
required to register on the basis of that conviction or
adjudication, are not affected by an appeal of the conviction or
adjudication.
(c) If a conviction or adjudication that is the basis of a
duty to register under this chapter is set aside on appeal by a
court or if the person required to register under this chapter
receives a pardon, the duties imposed on the person by this chapter
and the corresponding duties and powers of other entities in
relation to the person are terminated.
Art. 65.003. DETERMINATION REGARDING SUBSTANTIALLY SIMILAR
ELEMENTS OF OFFENSE. (a) For purposes of this chapter, the
department is responsible for determining whether an offense under
the laws of another state or a foreign country, federal law, or the
Uniform Code of Military Justice contains elements that are
substantially similar to the elements of an offense described by
Article 65.001(10)(A), (B), or (C).
(b) The department annually shall provide or make available
to each prosecuting attorney's office in this state:
(1) the criteria used in making a determination under
Subsection (a); and
(2) any existing record or compilation of offenses
under the laws of another state or a foreign country, federal law,
and the Uniform Code of Military Justice that the department has
already determined to contain elements that are substantially
similar to the elements of offenses under the laws of this state.
Art. 65.004. DETERMINATION REGARDING PRIMARY REGISTRATION
AUTHORITY. (a) Except as provided by Subsection (b), for each
person subject to registration under this chapter, the department
shall determine which local law enforcement authority serves as the
person's registration authority based on the municipality or county
in which the person resides.
(b) If a person resides, works, or attends school in a
county with a centralized registration authority, the centralized
registration authority serves as the person's registration
authority, regardless of whether the person resides, works, or
attends school in any municipality located in that county.
(c) The department shall notify each person subject to
registration under this chapter of the person's primary
registration authority in a timely manner.
Art. 65.005. CENTRALIZED REGISTRATION AUTHORITY. (a) The
commissioners court of a county may designate the office of the
sheriff or the office of a chief of police to serve as a centralized
registration authority.
(b) A person subject to this chapter is required to perform
the registration and verification requirements of Articles 65.051
and 65.056 and the change of address requirements of Article 65.054
only with respect to the centralized registration authority for the
county, regardless of whether the person resides in any
municipality located in that county. If the person resides in a
municipality, and the local law enforcement authority does not
serve as the person's centralized registration authority, the
centralized registration authority, not later than the third day
after the date the person registers or verifies registration or
changes address with that authority, shall provide to the local law
enforcement authority notice of the person's registration,
verification of registration, or change of address, as applicable,
with the centralized registration authority.
(c) This article does not affect a person's duty to register
with a secondary terrorist offender registry under Article 65.057.
Art. 65.006. CENTRAL DATABASE. (a) The department shall
maintain a computerized central database containing the
information required for registration under this chapter.
(b) Except as provided by Subsections (d), (e), (g), (h),
and (i), the information contained in the database is confidential
and not subject to disclosure under Chapter 552, Government Code.
Information from the database that is received by an entity under
Subsection (d), (e), (g), (h), or (i) is confidential and not
subject to disclosure by the entity.
(c) The department shall maintain in the database any
photograph of the person that is available, including through the
process for obtaining or renewing a personal identification
certificate or driver's license under Section 521.103 or 521.272,
Transportation Code, and shall update the photographs in the
database annually or as photographs otherwise become available.
(d) The department shall provide a licensing authority with
notice of any person required to register under this chapter who
holds or seeks a license that is issued by the authority.
(e) On the written request of a licensing authority that
identifies an individual and states that the individual is an
applicant for or a holder of a license issued by the authority, the
department shall release any information described by Subsection
(a) to the licensing authority.
(f) For the purposes of Subsections (d) and (e):
(1) "License" means a license, certificate,
registration, permit, or other authorization that:
(A) is issued by a licensing authority; and
(B) a person must obtain to practice or engage in
a particular business, occupation, or profession.
(2) "Licensing authority" means a department,
commission, board, office, or other agency of the state or a
political subdivision of the state that issues a license.
(g) Not later than the third day after the date on which the
applicable information becomes available through the person's
registration or verification of registration or under Article
65.056, the department shall send notice of any person required to
register under this chapter who is or will be employed by, carrying
on a vocation at, or a student at an institution of higher education
in this state to:
(1) for an institution in this state:
(A) the authority for campus security; or
(B) if an authority for campus security does not
exist, the local law enforcement authority of:
(i) the municipality in which the
institution is located; or
(ii) the county in which the institution is
located, if the institution is not located in a municipality; or
(2) for an institution in another state, any existing
authority for campus security.
(h) On the written request of an institution of higher
education described by Subsection (g) that identifies an individual
and states that the individual has applied to work or study at the
institution, the department shall release any information
described by Subsection (a) to the institution.
(i) The department, for law enforcement purposes, shall
release all relevant information described by Subsection (a) to a
peace officer, a criminal justice official, an employee of a local
law enforcement authority, or the attorney general on the request
of the applicable person or entity.
Art. 65.007. INFORMATION PROVIDED ON REQUEST OF LAW
ENFORCEMENT PERSONNEL OR PROSECUTOR; ALERT. (a) The department
shall establish a procedure by which a peace officer, criminal
justice official, or employee of a law enforcement agency who
provides the department with a driver's license number, personal
identification certificate number, or license plate number is
automatically provided information as to whether the person is
required to register under this chapter or whether the license
plate number is entered in the computerized central database under
Article 65.006.
(b) The department shall establish an alert flag on the
criminal history record information of each person who is required
to register under this chapter that would be visible and accessible
to a peace officer, criminal justice official, or employee of a law
enforcement agency while in the performance of the officer's,
official's, or employee's official duties.
Art. 65.008. GENERAL IMMUNITY. The following persons are
immune from liability for good faith conduct under this chapter:
(1) a criminal justice official;
(2) an employee or officer of the department, the
Texas Department of Criminal Justice, the Texas Juvenile Justice
Department, the Board of Pardons and Paroles, or a local law
enforcement authority or law enforcement agency;
(3) an employee or officer of a community supervision
and corrections department or a juvenile probation department; and
(4) a member of the judiciary.
Art. 65.009. RULEMAKING AUTHORITY. The department, the
Texas Department of Criminal Justice, and the Texas Juvenile
Justice Department may adopt any rule necessary to implement this
chapter.
SUBCHAPTER B. REGISTRATION AND VERIFICATION REQUIREMENTS; RELATED
NOTICE
Art. 65.051. REGISTRATION: GENERAL. (a) A person who is
required to register under this chapter as a condition of parole,
release to mandatory supervision, or community supervision shall
register or, if the person is a person for whom registration is
completed under this chapter, verify registration, as provided by
Subsection (f), with the local law enforcement authority in any
municipality where the person resides or intends to reside for more
than seven days. If the person does not reside or intend to reside
in a municipality, the person shall register or verify registration
in any county where the person resides or intends to reside for more
than seven days. The person shall satisfy the requirements of this
subsection not later than:
(1) the seventh day after the person's arrival in the
municipality or county; or
(2) the first date the local law enforcement authority
of the municipality or county by policy allows the person to
register or verify registration, as applicable.
(b) The department shall provide the Texas Department of
Criminal Justice, the Texas Juvenile Justice Department, and each
local law enforcement authority, authority for campus security,
county jail, and court with a form for registering persons required
by this chapter to register.
(c) The registration form shall require:
(1) the person's full name, date of birth, sex, race,
height, weight, eye color, hair color, social security number, and
driver's license number;
(2) the address at which the person resides or intends
to reside or a detailed description of the geographical location at
which the person resides or intends to reside;
(3) each alias used by the person and any home, work,
or cellular telephone number;
(4) a recent color photograph or an electronic digital
image of the person and a complete set of the person's fingerprints;
(5) the type of offense for which the person is
required to register, the date of conviction or adjudication, and
the punishment received;
(6) an indication as to whether the person is
discharged, paroled, or released on juvenile probation, community
supervision, or mandatory supervision;
(7) an indication of each license, as defined by
Article 65.006, that is held or sought by the person;
(8) an indication as to whether the person is or will
be employed by, carrying on a vocation at, or a student at an
institution of higher education, and the name and address of that
institution;
(9) the vehicle registration information of any
vehicle owned by the person, including the make, model, vehicle
identification number, color, and license plate number; and
(10) any other information required by the department.
(d) The registration form must contain a description of any
registration duties the person has under this chapter.
(e) Not later than the third day after a person registers,
the local law enforcement authority shall send a copy of the
registration form to the department and, if the person resides on
the campus of a public or private institution of higher education,
to any authority for campus security for that institution.
(f) Not later than the seventh day after the date on which
the person is released, a person for whom registration is completed
under this chapter shall report to the applicable local law
enforcement authority to verify the information in the registration
form received by the authority under this chapter. The authority
shall require the person to produce proof of the person's identity
and residence before the authority gives the registration form to
the person for verification. If the information in the
registration form is complete and accurate, the person shall verify
registration by signing the form. If the information is not
complete or accurate, the person shall make any necessary additions
or corrections before signing the form.
(g) A person who is required to register or verify
registration under this chapter shall ensure that the person's
registration form is complete and accurate with respect to each
piece of information required by the form in accordance with
Subsection (c).
(h) If a person subject to registration under this chapter
does not move to an intended residence by the end of the seventh day
after the date on which the person is released or the date on which
the person leaves a previous residence, the person shall:
(1) report to the officer supervising the person by
not later than the seventh day after the date the person is released
or the date on which the person leaves a previous residence, and
provide the officer with the address of the person's temporary
residence; and
(2) continue to report to the officer weekly during
the time in which the person has not moved to an intended residence
and provide the officer with the address of the person's temporary
residence.
(i) If the other state has a registration requirement for a
terrorist offender, a person who has a reportable conviction or
adjudication, who resides in this state, and who is employed by,
carries on a vocation at, or is a student at an institution of
higher education in another state shall, not later than the 10th day
after the date on which the person begins to work or attend school
in the other state, register with the law enforcement authority
that is identified by the department as the authority designated by
that state to receive registration information. If the person is
employed by, carries on a vocation at, or is a student at a public or
private institution of higher education in the other state and if an
authority for campus security exists at the institution, the person
shall also register with that authority not later than the 10th day
after the date on which the person begins to work or attend school.
(j) If a person subject to registration under this chapter
is released from a penal institution without being released to
parole or placed on any other form of supervision, and the person
does not move to the address indicated on the registration form as
the person's intended residence or does not indicate an address on
the registration form, the person shall, not later than the seventh
day after the date on which the person is released:
(1) report in person to the local law enforcement
authority for the municipality or county, as applicable, in which
the person is residing and provide that authority with the address
at which the person is residing or, if the person's residence does
not have a physical address, a detailed description of the
geographical location of the person's residence; and
(2) until the person indicates the person's current
address on the registration form or otherwise complies with the
requirements of Article 65.054, as appropriate, continue to report,
in the manner required by Subdivision (1), to that authority not
less than once in each succeeding 30-day period and provide that
authority with the address at which the person is residing or, if
applicable, a detailed description of the geographical location of
the person's residence.
(k) A person required to register under this chapter may not
refuse or otherwise fail to provide any information required for
the accurate completion of the registration form.
Art. 65.052. REGISTRATION: EXTRAJURISDICTIONAL
REGISTRANTS. (a) An extrajurisdictional registrant is required to
comply with the annual verification requirements of Article 65.056.
(b) The duty to register for an extrajurisdictional
registrant expires on the date the person's duty to register would
expire under the laws of the other state or foreign country had the
person remained in that state or foreign country, under federal
law, or under the Uniform Code of Military Justice, as applicable.
Art. 65.053. PRERELEASE NOTIFICATION. (a) Before a person
who will be subject to registration under this chapter is due to be
released from a penal institution, an official of the penal
institution shall:
(1) inform the person that:
(A) not later than 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 65.051 or 65.054;
(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 registration
authority and to the 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 in that state to receive registration
information, if the other state has a registration requirement;
(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; and
(F) the person must notify appropriate entities
of any change in status as described by Article 65.055;
(2) require the person to sign a written statement
confirming that the person was informed of the person's duties as
described by Subdivision (1) 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 the 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.
(b) On the seventh day before the date on which a person who
will be subject to registration under this chapter is due to be
released from a penal institution, or on receipt of notice by a
penal institution that a person who will be subject to registration
under this chapter is due to be released in less than seven days, an
official of the penal institution shall send the person's completed
registration form to the department and to:
(1) the applicable local law enforcement authority in
the municipality or county in which the person expects to reside in
this state, if the person expects to reside in this state; or
(2) the law enforcement agency that is identified by
the department as the agency designated by another state to receive
registration information, if the person expects to reside in that
other state and that other state has a registration requirement for
terrorist offenders.
(c) If a person who is subject to registration under this
chapter receives an order deferring adjudication, placing the
person on community supervision or juvenile probation, or imposing
only a fine, the court pronouncing the order or sentence shall
ensure that the prerelease notification and registration
requirements are conducted on the day of entering the order or
sentencing. If a community supervision and corrections department
representative is available in court at the time a court pronounces
a sentence of deferred adjudication or community supervision, the
representative shall immediately conduct the prerelease
notification and registration requirements. In any other case in
which the court pronounces a sentence under this subsection, the
court shall designate another appropriate individual to conduct the
prerelease notification and registration requirements.
(d) If a person who will be subject to registration under
this chapter is placed under the supervision of the parole division
of the Texas Department of Criminal Justice or a community
supervision and corrections department under Section 510.017,
Government Code, the division or department, as applicable, shall
conduct the prerelease notification and registration requirements
on the date the person is placed under supervision.
(e) Before a person who will be subject to registration
under this chapter is due to be released from a penal institution in
this state, an official of the penal institution shall inform the
person that:
(1) if the person intends to reside in another state
and to work or attend school in this state, the person must, not
later than the seventh day after the date on which the person begins
to work or attend school or the first date the applicable local law
enforcement authority allows the person to register or verify
registration, register or verify registration with the local law
enforcement authority in the municipality or county in which the
person intends to work or attend school; and
(2) if the person intends to reside in this state and
to work or attend school in another state and if the other state has
a registration requirement for terrorist offenders, the person
must, not later than the 10th day after the date on which the person
begins to work or attend school in the other state, register with
the law enforcement authority that is identified by the department
as the authority designated by that state to receive registration
information.
Art. 65.054. CHANGE OF ADDRESS; LACK OF ADDRESS. (a) If a
person required to register under this chapter intends to change
address, the person shall, not later than the seventh day before the
intended change, report in person to the local law enforcement
authority designated as the person's registration authority and the
officer supervising the person and provide the authority and the
officer with the person's anticipated move date and new address. If
a person required to register under this chapter changes address,
the person shall, not later than the seventh day after changing the
address or the first date the applicable local law enforcement
authority allows the person to report, report in person to the local
law enforcement authority in the municipality or county in which
the person's new residence is located and provide the authority
with proof of identity and proof of residence.
(b) Not later than the third day after receiving a report
under Subsection (a), the officer supervising the person shall
forward the information provided under Subsection (a) to the local
law enforcement authority designated as the person's primary
registration authority by the department and, if the person intends
to move to another municipality or county in this state, to the
applicable local law enforcement authority in that municipality or
county.
(c) If the person moves to another state that has a
registration requirement for terrorist offenders, the person
shall, not later than the 10th day after the date on which the
person arrives in the other state, register with the law
enforcement agency that is identified by the department as the
agency designated by that state to receive registration
information.
(d) Not later than the third day after receipt of
information under Subsection (a) or (b), whichever is earlier, the
local law enforcement authority shall forward the information to
the department and, if the person intends to move to another
municipality or county in this state, to the applicable local law
enforcement authority in that municipality or county.
(e) If a person who reports to a local law enforcement
authority under Subsection (a) does not move on or before the
anticipated move date or does not move to the new address provided
to the authority, the person shall:
(1) not later than the seventh day after the
anticipated move date, and not less than weekly after that seventh
day, report to the local law enforcement authority designated as
the person's primary registration authority by the department and
provide an explanation to the authority regarding any changes in
the anticipated move date and intended residence; and
(2) report to the officer supervising the person not
less than weekly during any period in which the person has not moved
to an intended residence.
(f) If the person moves to another municipality or county in
this state, the department shall inform the applicable local law
enforcement authority in the new area of the person's residence not
later than the third day after the date the person moves.
(g) If the person moves to another state, the department
shall, immediately on receiving information under Subsection (d):
(1) inform the agency that is designated by the other
state to receive registration information, if that state has a
registration requirement for terrorist offenders; and
(2) send to the Federal Bureau of Investigation a copy
of the person's registration form, including the record of
conviction and a complete set of fingerprints.
(h) If a person required to register under this chapter
resides for more than seven days at a location or locations to which
a physical address has not been assigned by a governmental entity,
the person, not less than once in each 30-day period, shall confirm
the person's location or locations by:
(1) reporting to the local law enforcement authority
in the municipality where the person resides or, if the person does
not reside in a municipality, the local law enforcement authority
in the county in which the person resides; and
(2) providing a detailed description of the applicable
location or locations.
Art. 65.055. STATUS REPORT BY SUPERVISING OFFICER OR LOCAL
LAW ENFORCEMENT AUTHORITY. (a) If the officer supervising a person
subject to registration under this chapter receives information to
the effect that the person's status has changed in any manner that
affects proper supervision of the person, including a change in the
person's name, physical health, job or educational status,
including higher educational status, incarceration, or terms of
release, the officer shall promptly notify the appropriate local
law enforcement authority or authorities of that change. If the
person required to register intends to change address, the officer
shall notify the local law enforcement authorities designated by
Article 65.054(b). Not later than the seventh day after the date
the officer receives the relevant information, the officer shall
notify the local law enforcement authority of any change in the
person's job or educational status in which the person:
(1) becomes employed, begins to carry on a vocation,
or becomes a student at a particular institution of higher
education; or
(2) terminates the person's status in that capacity.
(b) Not later than the seventh day after the date of the
change or the first date the applicable authority by policy allows
the person to report, a person subject to registration under this
chapter shall report to the local law enforcement authority
designated as the person's registration authority any change in the
person's name or job or educational status or if the person is
hospitalized for any reason.
Art. 65.056. LAW ENFORCEMENT VERIFICATION OF REGISTRATION
INFORMATION. (a) A person subject to registration under this
chapter who has, with respect to an offense described by Article
65.001(10), been convicted two or more times, received an order of
deferred adjudication two or more times, or been convicted and
received an order of deferred adjudication shall report to the
local law enforcement authority designated as the person's
registration authority not less than once in each 90-day period
following the date the person first registered under this chapter
to verify the information in the registration form maintained by
the authority for that person. A person subject to registration
under this chapter who is not subject to the 90-day reporting
requirement described by this subsection shall report to the local
law enforcement authority designated as the person's registration
authority once each year not earlier than the 30th day before and
not later than the 30th day after the anniversary of the person's
date of birth to verify the information in the registration form
maintained by the authority for that person.
(b) A local law enforcement authority designated as a
person's registration authority by the department may direct the
person to report to the authority to verify the information in the
registration form maintained by the department for that person.
The authority may direct the person to report under this subsection
once in each 90-day period following the date the person first
registered under this chapter, if the person is required to report
not less than once in each 90-day period under Subsection (a), or
once in each year not earlier than the 30th day before and not later
than the 30th day after the anniversary of the person's date of
birth, if the person is required to report once each year under
Subsection (a). A local law enforcement authority may not direct a
person to report to the authority under this subsection if the
person is required to report under Subsection (a) and is in
compliance with the reporting requirements of that subsection.
(c) The local law enforcement authority shall require the
person to produce proof of the person's identity and residence
before the authority gives the registration form to the person for
verification. If the information in the registration form is
complete and accurate, the person shall verify registration by
signing the form. If the information is not complete or not
accurate, the person shall make any necessary additions or
corrections before signing the form.
(d) A local law enforcement authority designated as a
person's primary registration authority by the department may at
any time mail a nonforwardable verification form to the last
reported address of the person. Not later than the 21st day after
receipt of a verification form under this subsection, the person
shall:
(1) indicate on the form whether the person still
resides at the last reported address or the person's new address;
(2) complete any other information required by the
form;
(3) sign the form; and
(4) return the form to the authority.
(e) For purposes of this article, a person receives multiple
convictions or orders of deferred adjudication regardless of
whether:
(1) the judgments or orders are entered on different
dates; or
(2) the offenses for which the person was convicted or
placed on deferred adjudication arose out of different criminal
transactions.
Art. 65.057. REGISTRATION OF PERSONS REGULARLY VISITING
LOCATION. (a) A person subject to this chapter who on at least
three occasions during any month spends more than 48 consecutive
hours in a municipality or county in this state, other than the
municipality or county in which the person is registered under this
chapter, before the last day of that month shall report that fact
to:
(1) the local law enforcement authority of the
municipality in which the person is a visitor; or
(2) if the person is a visitor in a location that is
not a municipality, the local law enforcement authority of the
county in which the person is a visitor.
(b) A person described by Subsection (a) shall provide the
local law enforcement authority with:
(1) all information the person is required to provide
under Article 65.051(c);
(2) the address of any location in the municipality or
county, as appropriate, at which the person was lodged during the
month; and
(3) a statement as to whether the person intends to
return to the municipality or county during the succeeding month.
Art. 65.058. REQUIREMENTS RELATING TO DRIVER'S LICENSE OR
PERSONAL IDENTIFICATION CERTIFICATE. (a) A person subject to
registration under this chapter shall apply to the department in
person for the issuance of an original or renewal driver's license
under Section 521.272, Transportation Code, a personal
identification certificate under Section 521.103, Transportation
Code, or a commercial driver's license or commercial learner's
permit under Section 522.033, Transportation Code, not later than
the 30th day after the date:
(1) the person is released from a penal institution or
by a court; or
(2) the department sends written notice to the person
of the requirements of this article.
(b) The person shall annually renew in person the driver's
license or personal identification certificate until the person's
duty to register under this chapter expires.
Art. 65.059. DNA SPECIMEN. A person required to register
under this chapter shall comply with a request for a DNA specimen
made by a law enforcement agency under Section 411.1473, Government
Code.
Art. 65.060. PROHIBITED LOCATION OF RESIDENCE. A person
subject to registration under this chapter may not reside on the
campus of an institution of higher education unless the institution
approves the person to reside on the institution's campus.
SUBCHAPTER C. EXPIRATION OF DUTY TO REGISTER; OFFENSE
Art. 65.101. EXPIRATION OF DUTY TO REGISTER. The duty to
register for a person ends when a judge in a court of competent
jurisdiction determines that the person no longer represents a
threat to public safety.
Art. 65.102. FAILURE TO COMPLY WITH REGISTRATION
REQUIREMENTS. (a) A person commits an offense if the person is
required to register and intentionally or knowingly fails to comply
with any requirement of this chapter.
(b) Except as provided by Subsection (c), an offense under
this article is a felony of the third degree.
(c) An offense is a felony of the second degree if it is
shown at the trial of a person:
(1) for an offense or an attempt to commit an offense
under this article that the person has previously been convicted
under this article; and
(2) for an offense or an attempt to commit an offense
under this article that the person fraudulently used identifying
information in violation of Section 32.51, Penal Code, during the
commission or attempted commission of the offense.
SUBCHAPTER D. REMOVAL OF REGISTRATION INFORMATION
Art. 65.151. REMOVING REGISTRATION INFORMATION WHEN DUTY TO
REGISTER EXPIRES. (a) When a person is no longer required to
register as a terrorist offender under this chapter, the department
shall remove all information about the person from the terrorist
offender registry.
(b) The duty to remove information under Subsection (a)
arises if the department has received notice from a judge in a court
of competent jurisdiction that the judge has determined that the
person no longer represents a threat to public safety.
(c) When the department has removed information under
Subsection (a), the department shall notify all local law
enforcement authorities that have provided registration
information to the department about the person of the removal. A
local law enforcement authority that receives notice from the
department under this subsection shall remove all registration
information about the person from its registry.
SECTION 2. The heading to Section 411.1473, Government
Code, is amended to read as follows:
Sec. 411.1473. DNA RECORDS OF CERTAIN REGISTERED SEX
OFFENDERS AND TERRORIST OFFENDERS.
SECTION 3. Sections 411.1473(a) and (b), Government Code,
are amended to read as follows:
(a) This section applies only to a person who is required to
register under Chapter 62 or 65, Code of Criminal Procedure.
(b) The department by rule shall require a law enforcement
agency serving as a person's primary registration authority under
Chapter 62 or 65, Code of Criminal Procedure, to:
(1) take one or more specimens from a person described
by Subsection (a) for the purpose of creating a DNA record; and
(2) preserve the specimen and maintain a record of the
collection of the specimen.
SECTION 4. Section 15.02(d), Penal Code, is amended to read
as follows:
(d) An offense under this section is one category lower than
the most serious felony that is the object of the conspiracy, and if
the most serious felony that is the object of the conspiracy is a
state jail felony, the offense is a Class A misdemeanor. This
subsection does not apply to an offense under Section 76.02.
SECTION 5. The Penal Code is amended by adding Title 12 to
read as follows:
TITLE 12. TERRORISM
CHAPTER 76. TERRORISTIC OFFENSES
Sec. 76.01. DEFINITIONS. In this chapter:
(1) "Material support or resources" means:
(A) currency or other financial securities;
(B) financial services;
(C) instruments of value;
(D) lodging;
(E) training;
(F) safehouses;
(G) false documentation or identification;
(H) communications equipment;
(I) computer equipment;
(J) software;
(K) facilities;
(L) a deadly weapon;
(M) lethal substances;
(N) an explosive weapon or components of an
explosive weapon, a chemical dispensing device, or a hoax bomb, as
those terms are defined by Section 46.01;
(O) personnel;
(P) transportation; and
(Q) other tangible assets, other than medical
care provided by a licensed health care provider or religious
materials.
(2) "Training" means teaching or demonstrating
directly to another person, either in person or through a writing or
by use of a computer or computer network, the use, application, or
making of:
(A) a weapon prohibited by Section 46.05;
(B) a deadly weapon;
(C) a component of an explosive weapon, as
defined by Section 46.01; or
(D) an incendiary device capable of causing
injury or death to persons.
Sec. 76.02. TERRORISM. (a) A person commits an offense if
the person:
(1) commits or conspires to commit an offense under:
(A) Chapter 19;
(B) Section 20.02;
(C) Section 20.03;
(D) Section 20A.02;
(E) Section 22.02;
(F) Section 22.021;
(G) Section 22.05, if punishable as a felony;
(H) Section 22.07, if punishable as a felony;
(I) Section 22.09;
(J) Section 28.02;
(K) Section 28.07, if punishable as a felony;
(L) Section 29.03;
(M) Section 38.152, if punishable as a felony; or
(N) Section 46.08; and
(2) commits or conspires to commit that offense with
the intent to:
(A) intimidate or coerce the public or a
substantial group of the public; or
(B) influence, by intimidation or coercion, the
policy, conduct, or activities of this state, a political
subdivision of this state, or the United States.
(b) An offense under this section is one category higher
than the most serious offense listed in Subsection (a) that was
committed or conspired to be committed, except that:
(1) if the most serious offense is a Class A
misdemeanor, the offense under this section is a Class A
misdemeanor with a minimum term of confinement of 180 days; and
(2) if the most serious offense is a felony of the
first degree, the offense under this section is a felony of the
first degree with a minimum term of confinement of 15 years.
Sec. 76.03. AIDING IN COMMISSION OF TERRORISM. (a) A
person commits an offense if the person intentionally raises,
solicits, collects, or provides material support or resources with
intent or knowledge that the material support or resources will be
used, wholly or partly, to solicit, direct, supervise, plan,
prepare, promote, carry out, assist, or aid in committing an
offense under Section 76.02.
(b) An offense under this section is of the same degree as
the offense under Section 76.02 that the person aided.
Sec. 76.04. HINDERING PROSECUTION OF TERRORISM. (a) A
person commits an offense if, with intent to hinder the arrest,
prosecution, conviction, or punishment of another for an offense
under Section 76.02 or 76.03, the person:
(1) harbors or conceals the other;
(2) provides or aids in providing the other with any
means of avoiding arrest or effecting escape;
(3) warns the other of impending discovery or
apprehension; or
(4) tampers with any physical evidence that might aid
in the discovery or apprehension of the other.
(b) An offense under this section is of the same degree as
the offense under Section 76.02 or 76.03 for which the person
committed the act described by Subsection (a).
Sec. 76.05. ASSISTANCE BY ATTORNEY GENERAL. (a) The
attorney general, if requested to do so by the attorney
representing the state, may assist the attorney representing the
state in the investigation or prosecution of an offense under this
chapter.
(b) The attorney general shall designate one individual in
the division of the attorney general's office that assists in the
prosecution of criminal cases to coordinate responses to requests
to assist in prosecution made under this section.
SECTION 6. This Act takes effect September 1, 2023.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 1518 passed the Senate on
April 17, 2023, by the following vote: Yeas 28, Nays 3; and that
the Senate concurred in House amendment on May 25, 2023, by the
following vote: Yeas 28, Nays 3.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 1518 passed the House, with
amendment, on May 22, 2023, by the following vote: Yeas 105,
Nays 40, one present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor