Texas 2023 - 88th Regular

Texas Senate Bill SB1518 Compare Versions

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1	1	S.B. No. 1518
2	2
3	3
4	4	AN ACT
5	5	relating to the establishment of a terrorist offender registry and
6	6	to the supervision of those terrorist offenders; creating criminal
7	7	offenses related to terrorism.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Title 1, Code of Criminal Procedure, is amended
10	10	by adding Chapter 65 to read as follows:
11	11	CHAPTER 65. TERRORIST OFFENDER REGISTRATION PROGRAM
12	12	SUBCHAPTER A. GENERAL PROVISIONS
13	13	Art. 65.001. DEFINITIONS. In this chapter:
14	14	(1) "Authority for campus security" means the
15	15	authority with primary law enforcement jurisdiction over property
16	16	under the control of a public or private institution of higher
17	17	education.
18	18	(2) "Centralized registration authority" means a
19	19	mandatory countywide registration location designated under
20	20	Article 65.005.
21	21	(3) "Criminal justice official" means a chief of
22	22	police of a municipality, sheriff, constable, county attorney with
23	23	criminal jurisdiction, district attorney, or criminal district
24	24	attorney.
25	25	(4) "Department" means the Department of Public
26	26	Safety.
27	27	(5) "Extrajurisdictional registrant" means a person
28	28	who is required to register as a terrorist under the laws of another
29	29	state with which the department has entered into a reciprocal
30	30	registration agreement.
31	31	(6) "Local law enforcement authority" means the office
32	32	of the chief of police of a municipality, the office of the sheriff
33	33	of a county in this state, or a centralized registration authority.
34	34	(7) "Officer" means a juvenile probation officer,
35	35	community supervision and corrections department officer, or
36	36	parole officer.
37	37	(8) "Penal institution" means:
38	38	(A) a confinement facility operated by or under
39	39	contract with any division of the Texas Department of Criminal
40	40	Justice;
41	41	(B) a confinement facility operated by or under
42	42	contract with the Texas Juvenile Justice Department;
43	43	(C) a juvenile secure pre-adjudication or
44	44	post-adjudication facility operated by or under a local juvenile
45	45	probation department; or
46	46	(D) a county jail.
47	47	(9) "Released" means discharged, paroled, placed in a
48	48	nonsecure community program for juvenile offenders, or placed on
49	49	juvenile probation, community supervision, or mandatory
50	50	supervision.
51	51	(10) "Reportable conviction or adjudication" means a
52	52	conviction or adjudication, including an adjudication of
53	53	delinquent conduct or deferred adjudication, that, regardless of
54	54	the pendency of an appeal, is a conviction for or an adjudication
55	55	for committing:
56	56	(A) an offense under Chapter 76, Penal Code;
57	57	(B) an offense described by 18 U.S.C. Section
58	58	2332b(g)(5);
59	59	(C) an offense under 18 U.S.C. Section 2332f,
60	60	2332g, 2332h, or 2332i; or
61	61	(D) an offense against the Uniform Code of
62	62	Military Justice, against a state or territory of the United
63	63	States, or against a foreign country, where the offense contains
64	64	elements that are substantially similar to the elements of an
65	65	offense described by this subdivision.
66	66	(11) "Terrorist offender" means a person who has a
67	67	reportable conviction or adjudication.
68	68	Art. 65.002. APPLICABILITY OF CHAPTER. (a) This chapter
69	69	applies only to a reportable conviction or adjudication occurring
70	70	on or after January 1, 2024.
71	71	(b) Except as provided by Subsection (c), the duties imposed
72	72	on a person required to register under this chapter on the basis of
73	73	a reportable conviction or adjudication, and the corresponding
74	74	duties and powers of other entities in relation to the person
75	75	required to register on the basis of that conviction or
76	76	adjudication, are not affected by an appeal of the conviction or
77	77	adjudication.
78	78	(c) If a conviction or adjudication that is the basis of a
79	79	duty to register under this chapter is set aside on appeal by a
80	80	court or if the person required to register under this chapter
81	81	receives a pardon, the duties imposed on the person by this chapter
82	82	and the corresponding duties and powers of other entities in
83	83	relation to the person are terminated.
84	84	Art. 65.003. DETERMINATION REGARDING SUBSTANTIALLY SIMILAR
85	85	ELEMENTS OF OFFENSE. (a) For purposes of this chapter, the
86	86	department is responsible for determining whether an offense under
87	87	the laws of another state or a foreign country, federal law, or the
88	88	Uniform Code of Military Justice contains elements that are
89	89	substantially similar to the elements of an offense described by
90	90	Article 65.001(10)(A), (B), or (C).
91	91	(b) The department annually shall provide or make available
92	92	to each prosecuting attorney's office in this state:
93	93	(1) the criteria used in making a determination under
94	94	Subsection (a); and
95	95	(2) any existing record or compilation of offenses
96	96	under the laws of another state or a foreign country, federal law,
97	97	and the Uniform Code of Military Justice that the department has
98	98	already determined to contain elements that are substantially
99	99	similar to the elements of offenses under the laws of this state.
100	100	Art. 65.004. DETERMINATION REGARDING PRIMARY REGISTRATION
101	101	AUTHORITY. (a) Except as provided by Subsection (b), for each
102	102	person subject to registration under this chapter, the department
103	103	shall determine which local law enforcement authority serves as the
104	104	person's registration authority based on the municipality or county
105	105	in which the person resides.
106	106	(b) If a person resides, works, or attends school in a
107	107	county with a centralized registration authority, the centralized
108	108	registration authority serves as the person's registration
109	109	authority, regardless of whether the person resides, works, or
110	110	attends school in any municipality located in that county.
111	111	(c) The department shall notify each person subject to
112	112	registration under this chapter of the person's primary
113	113	registration authority in a timely manner.
114	114	Art. 65.005. CENTRALIZED REGISTRATION AUTHORITY. (a) The
115	115	commissioners court of a county may designate the office of the
116	116	sheriff or the office of a chief of police to serve as a centralized
117	117	registration authority.
118	118	(b) A person subject to this chapter is required to perform
119	119	the registration and verification requirements of Articles 65.051
120	120	and 65.056 and the change of address requirements of Article 65.054
121	121	only with respect to the centralized registration authority for the
122	122	county, regardless of whether the person resides in any
123	123	municipality located in that county. If the person resides in a
124	124	municipality, and the local law enforcement authority does not
125	125	serve as the person's centralized registration authority, the
126	126	centralized registration authority, not later than the third day
127	127	after the date the person registers or verifies registration or
128	128	changes address with that authority, shall provide to the local law
129	129	enforcement authority notice of the person's registration,
130	130	verification of registration, or change of address, as applicable,
131	131	with the centralized registration authority.
132	132	(c) This article does not affect a person's duty to register
133	133	with a secondary terrorist offender registry under Article 65.057.
134	134	Art. 65.006. CENTRAL DATABASE. (a) The department shall
135	135	maintain a computerized central database containing the
136	136	information required for registration under this chapter.
137	137	(b) Except as provided by Subsections (d), (e), (g), (h),
138	138	and (i), the information contained in the database is confidential
139	139	and not subject to disclosure under Chapter 552, Government Code.
140	140	Information from the database that is received by an entity under
141	141	Subsection (d), (e), (g), (h), or (i) is confidential and not
142	142	subject to disclosure by the entity.
143	143	(c) The department shall maintain in the database any
144	144	photograph of the person that is available, including through the
145	145	process for obtaining or renewing a personal identification
146	146	certificate or driver's license under Section 521.103 or 521.272,
147	147	Transportation Code, and shall update the photographs in the
148	148	database annually or as photographs otherwise become available.
149	149	(d) The department shall provide a licensing authority with
150	150	notice of any person required to register under this chapter who
151	151	holds or seeks a license that is issued by the authority.
152	152	(e) On the written request of a licensing authority that
153	153	identifies an individual and states that the individual is an
154	154	applicant for or a holder of a license issued by the authority, the
155	155	department shall release any information described by Subsection
156	156	(a) to the licensing authority.
157	157	(f) For the purposes of Subsections (d) and (e):
158	158	(1) "License" means a license, certificate,
159	159	registration, permit, or other authorization that:
160	160	(A) is issued by a licensing authority; and
161	161	(B) a person must obtain to practice or engage in
162	162	a particular business, occupation, or profession.
163	163	(2) "Licensing authority" means a department,
164	164	commission, board, office, or other agency of the state or a
165	165	political subdivision of the state that issues a license.
166	166	(g) Not later than the third day after the date on which the
167	167	applicable information becomes available through the person's
168	168	registration or verification of registration or under Article
169	169	65.056, the department shall send notice of any person required to
170	170	register under this chapter who is or will be employed by, carrying
171	171	on a vocation at, or a student at an institution of higher education
172	172	in this state to:
173	173	(1) for an institution in this state:
174	174	(A) the authority for campus security; or
175	175	(B) if an authority for campus security does not
176	176	exist, the local law enforcement authority of:
177	177	(i) the municipality in which the
178	178	institution is located; or
179	179	(ii) the county in which the institution is
180	180	located, if the institution is not located in a municipality; or
181	181	(2) for an institution in another state, any existing
182	182	authority for campus security.
183	183	(h) On the written request of an institution of higher
184	184	education described by Subsection (g) that identifies an individual
185	185	and states that the individual has applied to work or study at the
186	186	institution, the department shall release any information
187	187	described by Subsection (a) to the institution.
188	188	(i) The department, for law enforcement purposes, shall
189	189	release all relevant information described by Subsection (a) to a
190	190	peace officer, a criminal justice official, an employee of a local
191	191	law enforcement authority, or the attorney general on the request
192	192	of the applicable person or entity.
193	193	Art. 65.007. INFORMATION PROVIDED ON REQUEST OF LAW
194	194	ENFORCEMENT PERSONNEL OR PROSECUTOR; ALERT. (a) The department
195	195	shall establish a procedure by which a peace officer, criminal
196	196	justice official, or employee of a law enforcement agency who
197	197	provides the department with a driver's license number, personal
198	198	identification certificate number, or license plate number is
199	199	automatically provided information as to whether the person is
200	200	required to register under this chapter or whether the license
201	201	plate number is entered in the computerized central database under
202	202	Article 65.006.
203	203	(b) The department shall establish an alert flag on the
204	204	criminal history record information of each person who is required
205	205	to register under this chapter that would be visible and accessible
206	206	to a peace officer, criminal justice official, or employee of a law
207	207	enforcement agency while in the performance of the officer's,
208	208	official's, or employee's official duties.
209	209	Art. 65.008. GENERAL IMMUNITY. The following persons are
210	210	immune from liability for good faith conduct under this chapter:
211	211	(1) a criminal justice official;
212	212	(2) an employee or officer of the department, the
213	213	Texas Department of Criminal Justice, the Texas Juvenile Justice
214	214	Department, the Board of Pardons and Paroles, or a local law
215	215	enforcement authority or law enforcement agency;
216	216	(3) an employee or officer of a community supervision
217	217	and corrections department or a juvenile probation department; and
218	218	(4) a member of the judiciary.
219	219	Art. 65.009. RULEMAKING AUTHORITY. The department, the
220	220	Texas Department of Criminal Justice, and the Texas Juvenile
221	221	Justice Department may adopt any rule necessary to implement this
222	222	chapter.
223	223	SUBCHAPTER B. REGISTRATION AND VERIFICATION REQUIREMENTS; RELATED
224	224	NOTICE
225	225	Art. 65.051. REGISTRATION: GENERAL. (a) A person who is
226	226	required to register under this chapter as a condition of parole,
227	227	release to mandatory supervision, or community supervision shall
228	228	register or, if the person is a person for whom registration is
229	229	completed under this chapter, verify registration, as provided by
230	230	Subsection (f), with the local law enforcement authority in any
231	231	municipality where the person resides or intends to reside for more
232	232	than seven days. If the person does not reside or intend to reside
233	233	in a municipality, the person shall register or verify registration
234	234	in any county where the person resides or intends to reside for more
235	235	than seven days. The person shall satisfy the requirements of this
236	236	subsection not later than:
237	237	(1) the seventh day after the person's arrival in the
238	238	municipality or county; or
239	239	(2) the first date the local law enforcement authority
240	240	of the municipality or county by policy allows the person to
241	241	register or verify registration, as applicable.
242	242	(b) The department shall provide the Texas Department of
243	243	Criminal Justice, the Texas Juvenile Justice Department, and each
244	244	local law enforcement authority, authority for campus security,
245	245	county jail, and court with a form for registering persons required
246	246	by this chapter to register.
247	247	(c) The registration form shall require:
248	248	(1) the person's full name, date of birth, sex, race,
249	249	height, weight, eye color, hair color, social security number, and
250	250	driver's license number;
251	251	(2) the address at which the person resides or intends
252	252	to reside or a detailed description of the geographical location at
253	253	which the person resides or intends to reside;
254	254	(3) each alias used by the person and any home, work,
255	255	or cellular telephone number;
256	256	(4) a recent color photograph or an electronic digital
257	257	image of the person and a complete set of the person's fingerprints;
258	258	(5) the type of offense for which the person is
259	259	required to register, the date of conviction or adjudication, and
260	260	the punishment received;
261	261	(6) an indication as to whether the person is
262	262	discharged, paroled, or released on juvenile probation, community
263	263	supervision, or mandatory supervision;
264	264	(7) an indication of each license, as defined by
265	265	Article 65.006, that is held or sought by the person;
266	266	(8) an indication as to whether the person is or will
267	267	be employed by, carrying on a vocation at, or a student at an
268	268	institution of higher education, and the name and address of that
269	269	institution;
270	270	(9) the vehicle registration information of any
271	271	vehicle owned by the person, including the make, model, vehicle
272	272	identification number, color, and license plate number; and
273	273	(10) any other information required by the department.
274	274	(d) The registration form must contain a description of any
275	275	registration duties the person has under this chapter.
276	276	(e) Not later than the third day after a person registers,
277	277	the local law enforcement authority shall send a copy of the
278	278	registration form to the department and, if the person resides on
279	279	the campus of a public or private institution of higher education,
280	280	to any authority for campus security for that institution.
281	281	(f) Not later than the seventh day after the date on which
282	282	the person is released, a person for whom registration is completed
283	283	under this chapter shall report to the applicable local law
284	284	enforcement authority to verify the information in the registration
285	285	form received by the authority under this chapter. The authority
286	286	shall require the person to produce proof of the person's identity
287	287	and residence before the authority gives the registration form to
288	288	the person for verification. If the information in the
289	289	registration form is complete and accurate, the person shall verify
290	290	registration by signing the form. If the information is not
291	291	complete or accurate, the person shall make any necessary additions
292	292	or corrections before signing the form.
293	293	(g) A person who is required to register or verify
294	294	registration under this chapter shall ensure that the person's
295	295	registration form is complete and accurate with respect to each
296	296	piece of information required by the form in accordance with
297	297	Subsection (c).
298	298	(h) If a person subject to registration under this chapter
299	299	does not move to an intended residence by the end of the seventh day
300	300	after the date on which the person is released or the date on which
301	301	the person leaves a previous residence, the person shall:
302	302	(1) report to the officer supervising the person by
303	303	not later than the seventh day after the date the person is released
304	304	or the date on which the person leaves a previous residence, and
305	305	provide the officer with the address of the person's temporary
306	306	residence; and
307	307	(2) continue to report to the officer weekly during
308	308	the time in which the person has not moved to an intended residence
309	309	and provide the officer with the address of the person's temporary
310	310	residence.
311	311	(i) If the other state has a registration requirement for a
312	312	terrorist offender, a person who has a reportable conviction or
313	313	adjudication, who resides in this state, and who is employed by,
314	314	carries on a vocation at, or is a student at an institution of
315	315	higher education in another state shall, not later than the 10th day
316	316	after the date on which the person begins to work or attend school
317	317	in the other state, register with the law enforcement authority
318	318	that is identified by the department as the authority designated by
319	319	that state to receive registration information. If the person is
320	320	employed by, carries on a vocation at, or is a student at a public or
321	321	private institution of higher education in the other state and if an
322	322	authority for campus security exists at the institution, the person
323	323	shall also register with that authority not later than the 10th day
324	324	after the date on which the person begins to work or attend school.
325	325	(j) If a person subject to registration under this chapter
326	326	is released from a penal institution without being released to
327	327	parole or placed on any other form of supervision, and the person
328	328	does not move to the address indicated on the registration form as
329	329	the person's intended residence or does not indicate an address on
330	330	the registration form, the person shall, not later than the seventh
331	331	day after the date on which the person is released:
332	332	(1) report in person to the local law enforcement
333	333	authority for the municipality or county, as applicable, in which
334	334	the person is residing and provide that authority with the address
335	335	at which the person is residing or, if the person's residence does
336	336	not have a physical address, a detailed description of the
337	337	geographical location of the person's residence; and
338	338	(2) until the person indicates the person's current
339	339	address on the registration form or otherwise complies with the
340	340	requirements of Article 65.054, as appropriate, continue to report,
341	341	in the manner required by Subdivision (1), to that authority not
342	342	less than once in each succeeding 30-day period and provide that
343	343	authority with the address at which the person is residing or, if
344	344	applicable, a detailed description of the geographical location of
345	345	the person's residence.
346	346	(k) A person required to register under this chapter may not
347	347	refuse or otherwise fail to provide any information required for
348	348	the accurate completion of the registration form.
349	349	Art. 65.052. REGISTRATION: EXTRAJURISDICTIONAL
350	350	REGISTRANTS. (a) An extrajurisdictional registrant is required to
351	351	comply with the annual verification requirements of Article 65.056.
352	352	(b) The duty to register for an extrajurisdictional
353	353	registrant expires on the date the person's duty to register would
354	354	expire under the laws of the other state or foreign country had the
355	355	person remained in that state or foreign country, under federal
356	356	law, or under the Uniform Code of Military Justice, as applicable.
357	357	Art. 65.053. PRERELEASE NOTIFICATION. (a) Before a person
358	358	who will be subject to registration under this chapter is due to be
359	359	released from a penal institution, an official of the penal
360	360	institution shall:
361	361	(1) inform the person that:
362	362	(A) not later than the seventh day after the date
363	363	on which the person is released or after the date on which the
364	364	person moves from a previous residence to a new residence in this
365	365	state, or not later than the first date the applicable local law
366	366	enforcement authority by policy allows the person to register or
367	367	verify registration, the person must register or verify
368	368	registration with the local law enforcement authority in the
369	369	municipality or county in which the person intends to reside;
370	370	(B) not later than the seventh day after the date
371	371	on which the person is released or the date on which the person
372	372	moves from a previous residence to a new residence in this state,
373	373	the person must, if the person has not moved to an intended
374	374	residence, report to the applicable entity or entities as required
375	375	by Article 65.051 or 65.054;
376	376	(C) not later than the seventh day before the
377	377	date on which the person moves to a new residence in this state or
378	378	another state, the person must report in person to the local law
379	379	enforcement authority designated as the person's registration
380	380	authority and to the officer supervising the person;
381	381	(D) not later than the 10th day after the date on
382	382	which the person arrives in another state in which the person
383	383	intends to reside, the person must register with the law
384	384	enforcement agency that is identified by the department as the
385	385	agency designated in that state to receive registration
386	386	information, if the other state has a registration requirement;
387	387	(E) not later than the 30th day after the date on
388	388	which the person is released, the person must apply to the
389	389	department in person for the issuance of an original or renewal
390	390	driver's license or personal identification certificate and a
391	391	failure to apply to the department as required by this paragraph
392	392	results in the automatic revocation of any driver's license or
393	393	personal identification certificate issued by the department to the
394	394	person; and
395	395	(F) the person must notify appropriate entities
396	396	of any change in status as described by Article 65.055;
397	397	(2) require the person to sign a written statement
398	398	confirming that the person was informed of the person's duties as
399	399	described by Subdivision (1) or, if the person refuses to sign the
400	400	statement, certify that the person was so informed;
401	401	(3) obtain the address or, if applicable, a detailed
402	402	description of the geographical location where the person expects
403	403	to reside on the person's release and other registration
404	404	information, including a photograph and complete set of
405	405	fingerprints; and
406	406	(4) complete the registration form for the person.
407	407	(b) On the seventh day before the date on which a person who
408	408	will be subject to registration under this chapter is due to be
409	409	released from a penal institution, or on receipt of notice by a
410	410	penal institution that a person who will be subject to registration
411	411	under this chapter is due to be released in less than seven days, an
412	412	official of the penal institution shall send the person's completed
413	413	registration form to the department and to:
414	414	(1) the applicable local law enforcement authority in
415	415	the municipality or county in which the person expects to reside in
416	416	this state, if the person expects to reside in this state; or
417	417	(2) the law enforcement agency that is identified by
418	418	the department as the agency designated by another state to receive
419	419	registration information, if the person expects to reside in that
420	420	other state and that other state has a registration requirement for
421	421	terrorist offenders.
422	422	(c) If a person who is subject to registration under this
423	423	chapter receives an order deferring adjudication, placing the
424	424	person on community supervision or juvenile probation, or imposing
425	425	only a fine, the court pronouncing the order or sentence shall
426	426	ensure that the prerelease notification and registration
427	427	requirements are conducted on the day of entering the order or
428	428	sentencing. If a community supervision and corrections department
429	429	representative is available in court at the time a court pronounces
430	430	a sentence of deferred adjudication or community supervision, the
431	431	representative shall immediately conduct the prerelease
432	432	notification and registration requirements. In any other case in
433	433	which the court pronounces a sentence under this subsection, the
434	434	court shall designate another appropriate individual to conduct the
435	435	prerelease notification and registration requirements.
436	436	(d) If a person who will be subject to registration under
437	437	this chapter is placed under the supervision of the parole division
438	438	of the Texas Department of Criminal Justice or a community
439	439	supervision and corrections department under Section 510.017,
440	440	Government Code, the division or department, as applicable, shall
441	441	conduct the prerelease notification and registration requirements
442	442	on the date the person is placed under supervision.
443	443	(e) Before a person who will be subject to registration
444	444	under this chapter is due to be released from a penal institution in
445	445	this state, an official of the penal institution shall inform the
446	446	person that:
447	447	(1) if the person intends to reside in another state
448	448	and to work or attend school in this state, the person must, not
449	449	later than the seventh day after the date on which the person begins
450	450	to work or attend school or the first date the applicable local law
451	451	enforcement authority allows the person to register or verify
452	452	registration, register or verify registration with the local law
453	453	enforcement authority in the municipality or county in which the
454	454	person intends to work or attend school; and
455	455	(2) if the person intends to reside in this state and
456	456	to work or attend school in another state and if the other state has
457	457	a registration requirement for terrorist offenders, the person
458	458	must, not later than the 10th day after the date on which the person
459	459	begins to work or attend school in the other state, register with
460	460	the law enforcement authority that is identified by the department
461	461	as the authority designated by that state to receive registration
462	462	information.
463	463	Art. 65.054. CHANGE OF ADDRESS; LACK OF ADDRESS. (a) If a
464	464	person required to register under this chapter intends to change
465	465	address, the person shall, not later than the seventh day before the
466	466	intended change, report in person to the local law enforcement
467	467	authority designated as the person's registration authority and the
468	468	officer supervising the person and provide the authority and the
469	469	officer with the person's anticipated move date and new address. If
470	470	a person required to register under this chapter changes address,
471	471	the person shall, not later than the seventh day after changing the
472	472	address or the first date the applicable local law enforcement
473	473	authority allows the person to report, report in person to the local
474	474	law enforcement authority in the municipality or county in which
475	475	the person's new residence is located and provide the authority
476	476	with proof of identity and proof of residence.
477	477	(b) Not later than the third day after receiving a report
478	478	under Subsection (a), the officer supervising the person shall
479	479	forward the information provided under Subsection (a) to the local
480	480	law enforcement authority designated as the person's primary
481	481	registration authority by the department and, if the person intends
482	482	to move to another municipality or county in this state, to the
483	483	applicable local law enforcement authority in that municipality or
484	484	county.
485	485	(c) If the person moves to another state that has a
486	486	registration requirement for terrorist offenders, the person
487	487	shall, not later than the 10th day after the date on which the
488	488	person arrives in the other state, register with the law
489	489	enforcement agency that is identified by the department as the
490	490	agency designated by that state to receive registration
491	491	information.
492	492	(d) Not later than the third day after receipt of
493	493	information under Subsection (a) or (b), whichever is earlier, the
494	494	local law enforcement authority shall forward the information to
495	495	the department and, if the person intends to move to another
496	496	municipality or county in this state, to the applicable local law
497	497	enforcement authority in that municipality or county.
498	498	(e) If a person who reports to a local law enforcement
499	499	authority under Subsection (a) does not move on or before the
500	500	anticipated move date or does not move to the new address provided
501	501	to the authority, the person shall:
502	502	(1) not later than the seventh day after the
503	503	anticipated move date, and not less than weekly after that seventh
504	504	day, report to the local law enforcement authority designated as
505	505	the person's primary registration authority by the department and
506	506	provide an explanation to the authority regarding any changes in
507	507	the anticipated move date and intended residence; and
508	508	(2) report to the officer supervising the person not
509	509	less than weekly during any period in which the person has not moved
510	510	to an intended residence.
511	511	(f) If the person moves to another municipality or county in
512	512	this state, the department shall inform the applicable local law
513	513	enforcement authority in the new area of the person's residence not
514	514	later than the third day after the date the person moves.
515	515	(g) If the person moves to another state, the department
516	516	shall, immediately on receiving information under Subsection (d):
517	517	(1) inform the agency that is designated by the other
518	518	state to receive registration information, if that state has a
519	519	registration requirement for terrorist offenders; and
520	520	(2) send to the Federal Bureau of Investigation a copy
521	521	of the person's registration form, including the record of
522	522	conviction and a complete set of fingerprints.
523	523	(h) If a person required to register under this chapter
524	524	resides for more than seven days at a location or locations to which
525	525	a physical address has not been assigned by a governmental entity,
526	526	the person, not less than once in each 30-day period, shall confirm
527	527	the person's location or locations by:
528	528	(1) reporting to the local law enforcement authority
529	529	in the municipality where the person resides or, if the person does
530	530	not reside in a municipality, the local law enforcement authority
531	531	in the county in which the person resides; and
532	532	(2) providing a detailed description of the applicable
533	533	location or locations.
534	534	Art. 65.055. STATUS REPORT BY SUPERVISING OFFICER OR LOCAL
535	535	LAW ENFORCEMENT AUTHORITY. (a) If the officer supervising a person
536	536	subject to registration under this chapter receives information to
537	537	the effect that the person's status has changed in any manner that
538	538	affects proper supervision of the person, including a change in the
539	539	person's name, physical health, job or educational status,
540	540	including higher educational status, incarceration, or terms of
541	541	release, the officer shall promptly notify the appropriate local
542	542	law enforcement authority or authorities of that change. If the
543	543	person required to register intends to change address, the officer
544	544	shall notify the local law enforcement authorities designated by
545	545	Article 65.054(b). Not later than the seventh day after the date
546	546	the officer receives the relevant information, the officer shall
547	547	notify the local law enforcement authority of any change in the
548	548	person's job or educational status in which the person:
549	549	(1) becomes employed, begins to carry on a vocation,
550	550	or becomes a student at a particular institution of higher
551	551	education; or
552	552	(2) terminates the person's status in that capacity.
553	553	(b) Not later than the seventh day after the date of the
554	554	change or the first date the applicable authority by policy allows
555	555	the person to report, a person subject to registration under this
556	556	chapter shall report to the local law enforcement authority
557	557	designated as the person's registration authority any change in the
558	558	person's name or job or educational status or if the person is
559	559	hospitalized for any reason.
560	560	Art. 65.056. LAW ENFORCEMENT VERIFICATION OF REGISTRATION
561	561	INFORMATION. (a) A person subject to registration under this
562	562	chapter who has, with respect to an offense described by Article
563	563	65.001(10), been convicted two or more times, received an order of
564	564	deferred adjudication two or more times, or been convicted and
565	565	received an order of deferred adjudication shall report to the
566	566	local law enforcement authority designated as the person's
567	567	registration authority not less than once in each 90-day period
568	568	following the date the person first registered under this chapter
569	569	to verify the information in the registration form maintained by
570	570	the authority for that person. A person subject to registration
571	571	under this chapter who is not subject to the 90-day reporting
572	572	requirement described by this subsection shall report to the local
573	573	law enforcement authority designated as the person's registration
574	574	authority once each year not earlier than the 30th day before and
575	575	not later than the 30th day after the anniversary of the person's
576	576	date of birth to verify the information in the registration form
577	577	maintained by the authority for that person.
578	578	(b) A local law enforcement authority designated as a
579	579	person's registration authority by the department may direct the
580	580	person to report to the authority to verify the information in the
581	581	registration form maintained by the department for that person.
582	582	The authority may direct the person to report under this subsection
583	583	once in each 90-day period following the date the person first
584	584	registered under this chapter, if the person is required to report
585	585	not less than once in each 90-day period under Subsection (a), or
586	586	once in each year not earlier than the 30th day before and not later
587	587	than the 30th day after the anniversary of the person's date of
588	588	birth, if the person is required to report once each year under
589	589	Subsection (a). A local law enforcement authority may not direct a
590	590	person to report to the authority under this subsection if the
591	591	person is required to report under Subsection (a) and is in
592	592	compliance with the reporting requirements of that subsection.
593	593	(c) The local law enforcement authority shall require the
594	594	person to produce proof of the person's identity and residence
595	595	before the authority gives the registration form to the person for
596	596	verification. If the information in the registration form is
597	597	complete and accurate, the person shall verify registration by
598	598	signing the form. If the information is not complete or not
599	599	accurate, the person shall make any necessary additions or
600	600	corrections before signing the form.
601	601	(d) A local law enforcement authority designated as a
602	602	person's primary registration authority by the department may at
603	603	any time mail a nonforwardable verification form to the last
604	604	reported address of the person. Not later than the 21st day after
605	605	receipt of a verification form under this subsection, the person
606	606	shall:
607	607	(1) indicate on the form whether the person still
608	608	resides at the last reported address or the person's new address;
609	609	(2) complete any other information required by the
610	610	form;
611	611	(3) sign the form; and
612	612	(4) return the form to the authority.
613	613	(e) For purposes of this article, a person receives multiple
614	614	convictions or orders of deferred adjudication regardless of
615	615	whether:
616	616	(1) the judgments or orders are entered on different
617	617	dates; or
618	618	(2) the offenses for which the person was convicted or
619	619	placed on deferred adjudication arose out of different criminal
620	620	transactions.
621	621	Art. 65.057. REGISTRATION OF PERSONS REGULARLY VISITING
622	622	LOCATION. (a) A person subject to this chapter who on at least
623	623	three occasions during any month spends more than 48 consecutive
624	624	hours in a municipality or county in this state, other than the
625	625	municipality or county in which the person is registered under this
626	626	chapter, before the last day of that month shall report that fact
627	627	to:
628	628	(1) the local law enforcement authority of the
629	629	municipality in which the person is a visitor; or
630	630	(2) if the person is a visitor in a location that is
631	631	not a municipality, the local law enforcement authority of the
632	632	county in which the person is a visitor.
633	633	(b) A person described by Subsection (a) shall provide the
634	634	local law enforcement authority with:
635	635	(1) all information the person is required to provide
636	636	under Article 65.051(c);
637	637	(2) the address of any location in the municipality or
638	638	county, as appropriate, at which the person was lodged during the
639	639	month; and
640	640	(3) a statement as to whether the person intends to
641	641	return to the municipality or county during the succeeding month.
642	642	Art. 65.058. REQUIREMENTS RELATING TO DRIVER'S LICENSE OR
643	643	PERSONAL IDENTIFICATION CERTIFICATE. (a) A person subject to
644	644	registration under this chapter shall apply to the department in
645	645	person for the issuance of an original or renewal driver's license
646	646	under Section 521.272, Transportation Code, a personal
647	647	identification certificate under Section 521.103, Transportation
648	648	Code, or a commercial driver's license or commercial learner's
649	649	permit under Section 522.033, Transportation Code, not later than
650	650	the 30th day after the date:
651	651	(1) the person is released from a penal institution or
652	652	by a court; or
653	653	(2) the department sends written notice to the person
654	654	of the requirements of this article.
655	655	(b) The person shall annually renew in person the driver's
656	656	license or personal identification certificate until the person's
657	657	duty to register under this chapter expires.
658	658	Art. 65.059. DNA SPECIMEN. A person required to register
659	659	under this chapter shall comply with a request for a DNA specimen
660	660	made by a law enforcement agency under Section 411.1473, Government
661	661	Code.
662	662	Art. 65.060. PROHIBITED LOCATION OF RESIDENCE. A person
663	663	subject to registration under this chapter may not reside on the
664	664	campus of an institution of higher education unless the institution
665	665	approves the person to reside on the institution's campus.
666	666	SUBCHAPTER C. EXPIRATION OF DUTY TO REGISTER; OFFENSE
667	667	Art. 65.101. EXPIRATION OF DUTY TO REGISTER. The duty to
668	668	register for a person ends when a judge in a court of competent
669	669	jurisdiction determines that the person no longer represents a
670	670	threat to public safety.
671	671	Art. 65.102. FAILURE TO COMPLY WITH REGISTRATION
672	672	REQUIREMENTS. (a) A person commits an offense if the person is
673	673	required to register and intentionally or knowingly fails to comply
674	674	with any requirement of this chapter.
675	675	(b) Except as provided by Subsection (c), an offense under
676	676	this article is a felony of the third degree.
677	677	(c) An offense is a felony of the second degree if it is
678	678	shown at the trial of a person:
679	679	(1) for an offense or an attempt to commit an offense
680	680	under this article that the person has previously been convicted
681	681	under this article; and
682	682	(2) for an offense or an attempt to commit an offense
683	683	under this article that the person fraudulently used identifying
684	684	information in violation of Section 32.51, Penal Code, during the
685	685	commission or attempted commission of the offense.
686	686	SUBCHAPTER D. REMOVAL OF REGISTRATION INFORMATION
687	687	Art. 65.151. REMOVING REGISTRATION INFORMATION WHEN DUTY TO
688	688	REGISTER EXPIRES. (a) When a person is no longer required to
689	689	register as a terrorist offender under this chapter, the department
690	690	shall remove all information about the person from the terrorist
691	691	offender registry.
692	692	(b) The duty to remove information under Subsection (a)
693	693	arises if the department has received notice from a judge in a court
694	694	of competent jurisdiction that the judge has determined that the
695	695	person no longer represents a threat to public safety.
696	696	(c) When the department has removed information under
697	697	Subsection (a), the department shall notify all local law
698	698	enforcement authorities that have provided registration
699	699	information to the department about the person of the removal. A
700	700	local law enforcement authority that receives notice from the
701	701	department under this subsection shall remove all registration
702	702	information about the person from its registry.
703	703	SECTION 2. The heading to Section 411.1473, Government
704	704	Code, is amended to read as follows:
705	705	Sec. 411.1473. DNA RECORDS OF CERTAIN REGISTERED SEX
706	706	OFFENDERS AND TERRORIST OFFENDERS.
707	707	SECTION 3. Sections 411.1473(a) and (b), Government Code,
708	708	are amended to read as follows:
709	709	(a) This section applies only to a person who is required to
710	710	register under Chapter 62 or 65, Code of Criminal Procedure.
711	711	(b) The department by rule shall require a law enforcement
712	712	agency serving as a person's primary registration authority under
713	713	Chapter 62 or 65, Code of Criminal Procedure, to:
714	714	(1) take one or more specimens from a person described
715	715	by Subsection (a) for the purpose of creating a DNA record; and
716	716	(2) preserve the specimen and maintain a record of the
717	717	collection of the specimen.
718	718	SECTION 4. Section 15.02(d), Penal Code, is amended to read
719	719	as follows:
720	720	(d) An offense under this section is one category lower than
721	721	the most serious felony that is the object of the conspiracy, and if
722	722	the most serious felony that is the object of the conspiracy is a
723	723	state jail felony, the offense is a Class A misdemeanor. This
724	724	subsection does not apply to an offense under Section 76.02.
725	725	SECTION 5. The Penal Code is amended by adding Title 12 to
726	726	read as follows:
727	727	TITLE 12. TERRORISM
728	728	CHAPTER 76. TERRORISTIC OFFENSES
729	729	Sec. 76.01. DEFINITIONS. In this chapter:
730	730	(1) "Material support or resources" means:
731	731	(A) currency or other financial securities;
732	732	(B) financial services;
733	733	(C) instruments of value;
734	734	(D) lodging;
735	735	(E) training;
736	736	(F) safehouses;
737	737	(G) false documentation or identification;
738	738	(H) communications equipment;
739	739	(I) computer equipment;
740	740	(J) software;
741	741	(K) facilities;
742	742	(L) a deadly weapon;
743	743	(M) lethal substances;
744	744	(N) an explosive weapon or components of an
745	745	explosive weapon, a chemical dispensing device, or a hoax bomb, as
746	746	those terms are defined by Section 46.01;
747	747	(O) personnel;
748	748	(P) transportation; and
749	749	(Q) other tangible assets, other than medical
750	750	care provided by a licensed health care provider or religious
751	751	materials.
752	752	(2) "Training" means teaching or demonstrating
753	753	directly to another person, either in person or through a writing or
754	754	by use of a computer or computer network, the use, application, or
755	755	making of:
756	756	(A) a weapon prohibited by Section 46.05;
757	757	(B) a deadly weapon;
758	758	(C) a component of an explosive weapon, as
759	759	defined by Section 46.01; or
760	760	(D) an incendiary device capable of causing
761	761	injury or death to persons.
762	762	Sec. 76.02. TERRORISM. (a) A person commits an offense if
763	763	the person:
764	764	(1) commits or conspires to commit an offense under:
765	765	(A) Chapter 19;
766	766	(B) Section 20.02;
767	767	(C) Section 20.03;
768	768	(D) Section 20A.02;
769	769	(E) Section 22.02;
770	770	(F) Section 22.021;
771	771	(G) Section 22.05, if punishable as a felony;
772	772	(H) Section 22.07, if punishable as a felony;
773	773	(I) Section 22.09;
774	774	(J) Section 28.02;
775	775	(K) Section 28.07, if punishable as a felony;
776	776	(L) Section 29.03;
777	777	(M) Section 38.152, if punishable as a felony; or
778	778	(N) Section 46.08; and
779	779	(2) commits or conspires to commit that offense with
780	780	the intent to:
781	781	(A) intimidate or coerce the public or a
782	782	substantial group of the public; or
783	783	(B) influence, by intimidation or coercion, the
784	784	policy, conduct, or activities of this state, a political
785	785	subdivision of this state, or the United States.
786	786	(b) An offense under this section is one category higher
787	787	than the most serious offense listed in Subsection (a) that was
788	788	committed or conspired to be committed, except that:
789	789	(1) if the most serious offense is a Class A
790	790	misdemeanor, the offense under this section is a Class A
791	791	misdemeanor with a minimum term of confinement of 180 days; and
792	792	(2) if the most serious offense is a felony of the
793	793	first degree, the offense under this section is a felony of the
794	794	first degree with a minimum term of confinement of 15 years.
795	795	Sec. 76.03. AIDING IN COMMISSION OF TERRORISM. (a) A
796	796	person commits an offense if the person intentionally raises,
797	797	solicits, collects, or provides material support or resources with
798	798	intent or knowledge that the material support or resources will be
799	799	used, wholly or partly, to solicit, direct, supervise, plan,
800	800	prepare, promote, carry out, assist, or aid in committing an
801	801	offense under Section 76.02.
802	802	(b) An offense under this section is of the same degree as
803	803	the offense under Section 76.02 that the person aided.
804	804	Sec. 76.04. HINDERING PROSECUTION OF TERRORISM. (a) A
805	805	person commits an offense if, with intent to hinder the arrest,
806	806	prosecution, conviction, or punishment of another for an offense
807	807	under Section 76.02 or 76.03, the person:
808	808	(1) harbors or conceals the other;
809	809	(2) provides or aids in providing the other with any
810	810	means of avoiding arrest or effecting escape;
811	811	(3) warns the other of impending discovery or
812	812	apprehension; or
813	813	(4) tampers with any physical evidence that might aid
814	814	in the discovery or apprehension of the other.
815	815	(b) An offense under this section is of the same degree as
816	816	the offense under Section 76.02 or 76.03 for which the person
817	817	committed the act described by Subsection (a).
818	818	Sec. 76.05. ASSISTANCE BY ATTORNEY GENERAL. (a) The
819	819	attorney general, if requested to do so by the attorney
820	820	representing the state, may assist the attorney representing the
821	821	state in the investigation or prosecution of an offense under this
822	822	chapter.
823	823	(b) The attorney general shall designate one individual in
824	824	the division of the attorney general's office that assists in the
825	825	prosecution of criminal cases to coordinate responses to requests
826	826	to assist in prosecution made under this section.
827	827	SECTION 6. This Act takes effect September 1, 2023.
828	828	______________________________ ______________________________
829	829	President of the Senate Speaker of the House
830	830	I hereby certify that S.B. No. 1518 passed the Senate on
831	831	April 17, 2023, by the following vote: Yeas 28, Nays 3; and that
832	832	the Senate concurred in House amendment on May 25, 2023, by the
833	833	following vote: Yeas 28, Nays 3.
834	834	______________________________
835	835	Secretary of the Senate
836	836	I hereby certify that S.B. No. 1518 passed the House, with
837	837	amendment, on May 22, 2023, by the following vote: Yeas 105,
838	838	Nays 40, one present not voting.
839	839	______________________________
840	840	Chief Clerk of the House
841	841	Approved:
842	842	______________________________
843	843	Date
844	844	______________________________
845	845	Governor