89R5480 EAS-D
By: Capriglione H.B. No. 2430
A BILL TO BE ENTITLED
AN ACT
relating to prohibiting sex offenders from residing or loitering
within a certain distance of certain locations where children
commonly gather and from participating in certain Halloween
activities; creating a criminal offense.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 62.053(a), Code of Criminal Procedure,
is amended to read as follows:
(a) Before a person who will be subject to registration
under this chapter is due to be released from a penal institution,
the Texas Department of Criminal Justice or the Texas Juvenile
Justice Department shall determine the person's level of risk to
the community using the sex offender screening tool developed or
selected under Article 62.007 and assign to the person a numeric
risk level of one, two, or three. Before releasing the person, an
official of the penal institution shall:
(1) inform the person that:
(A) not later than the later of the seventh day
after the date on which the person is released or after the date on
which the person moves from a previous residence to a new residence
in this state or not later than the first date the applicable local
law enforcement authority by policy allows the person to register
or verify registration, the person must register or verify
registration with the local law enforcement authority in the
municipality or county in which the person intends to reside;
(B) not later than the seventh day after the date
on which the person is released or the date on which the person
moves from a previous residence to a new residence in this state,
the person must, if the person has not moved to an intended
residence, report to the applicable entity or entities as required
by Article 62.051(h) or (j) or 62.055(e);
(C) not later than the seventh day before the
date on which the person moves to a new residence in this state or
another state, the person must report in person to the local law
enforcement authority designated as the person's primary
registration authority by the department and to the juvenile
probation officer, community supervision and corrections
department officer, or parole officer supervising the person;
(D) not later than the 10th day after the date on
which the person arrives in another state in which the person
intends to reside, the person must register with the law
enforcement agency that is identified by the department as the
agency designated by that state to receive registration
information, if the other state has a registration requirement for
sex offenders;
(E) not later than the 30th day after the date on
which the person is released, the person must apply to the
department in person for the issuance of an original or renewal
driver's license or personal identification certificate and a
failure to apply to the department as required by this paragraph
results in the automatic revocation of any driver's license or
personal identification certificate issued by the department to the
person;
(F) the person must notify appropriate entities
of any change in status as described by Article 62.057;
(G) certain types of employment are prohibited
under Article 62.063 for a person with a reportable conviction or
adjudication for a sexually violent offense involving a victim
younger than 14 years of age and occurring on or after September 1,
2013;
(H) certain locations of residence are
prohibited under Article 62.064 for a person with a reportable
conviction or adjudication for an offense occurring on or after
September 1, 2017, except as otherwise provided by that article;
[and]
(I) if the person enters the premises of a school
as described by Article 62.065 and is subject to the requirements of
that article, the person must immediately notify the administrative
office of the school of the person's presence and the person's
registration status under this chapter;
(J) the person may not reside within 2,000 feet
of or loiter within 500 feet of certain locations as provided by
Article 62.066; and
(K) the person may not engage in certain
activities on Halloween as provided by Article 62.067;
(2) require the person to sign a written statement
that the person was informed of the person's duties as described by
Subdivision (1) or Subsection (g) or, if the person refuses to sign
the statement, certify that the person was so informed;
(3) obtain the address or, if applicable, a detailed
description of each geographical location where the person expects
to reside on the person's release and other registration
information, including a photograph and complete set of
fingerprints; and
(4) complete the registration form for the person.
SECTION 2. Article 62.058, Code of Criminal Procedure, is
amended by adding Subsection (i) to read as follows:
(i) A local law enforcement authority that provides to a
person a registration form for verification as required by this
chapter shall include with the form a statement describing the
prohibitions under Articles 62.066 and 62.067.
SECTION 3. Subchapter B, Chapter 62, Code of Criminal
Procedure, is amended by adding Articles 62.066 and 62.067 to read
as follows:
Art. 62.066. PROHIBITED LOCATIONS FOR RESIDENCE OR
LOITERING. (a) This article applies to the following locations
where children commonly gather:
(1) a school as defined by Section 481.134, Health and
Safety Code;
(2) a playground as defined by Section 481.134, Health
and Safety Code;
(3) a youth center as defined by Section 481.134,
Health and Safety Code;
(4) a public swimming pool or child water play area;
(5) a video arcade facility as defined by Section
481.134, Health and Safety Code;
(6) a movie theatre;
(7) a public or private park;
(8) a public or private recreational facility;
(9) a library;
(10) an athletic field;
(11) a jogging or hiking trail;
(12) a bicycle trail; and
(13) an equestrian trail.
(b) A person subject to registration under this chapter
based on a reportable conviction or adjudication for an offense
occurring on or after September 1, 2025, may not reside within 2,000
feet of a location to which this article applies.
(c) A person subject to registration under this chapter may
not knowingly remain in essentially one location for more than 10
minutes for no apparent lawful purpose if that location is within
500 feet of a location to which this article applies.
(d) A person commits an offense if the person violates this
article. An offense under this subsection is a Class B misdemeanor,
except that the offense is a Class A misdemeanor if it is shown on
the trial of the offense that the defendant has been previously
convicted of an offense under this article.
Art. 62.067. LIMITATION ON PARTICIPATION IN CERTAIN
HALLOWEEN ACTIVITIES. (a) A person subject to registration under
this chapter may not, on the date on which Halloween is observed:
(1) leave on any exterior lights at the person's
residence during the period beginning at 5 p.m. and ending at 11:59
p.m.; or
(2) hand out or offer any type of Halloween treat,
candy, or other edible product to children.
(b) A person commits an offense if the person violates this
article. An offense under this subsection is a Class B misdemeanor,
except that the offense is a Class A misdemeanor if it is shown on
the trial of the offense that the defendant has been previously
convicted of an offense under this article.
SECTION 4. (a) Except as provided by Subsection (b) of this
section, the changes in law made by this Act to Chapter 62, Code of
Criminal Procedure, apply to a person who is subject to
registration under Chapter 62, Code of Criminal Procedure, on or
after the effective date of this Act, regardless of whether the
applicable offense or conduct occurs before, on, or after the
effective date of this Act.
(b) Article 62.066(b), Code of Criminal Procedure, as added
by this Act, applies only to a person subject to registration under
this chapter based on a reportable conviction or adjudication for
an offense committed on or after the effective date of this Act.
For purposes of this subsection, an offense was committed before
the effective date of this Act if any element of the offense
occurred before that date.
SECTION 5. This Act takes effect September 1, 2025.