Texas 2025 - 89th Regular

Texas House Bill HB2430 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	89R5480 EAS-D
2	2	By: Capriglione H.B. No. 2430
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to prohibiting sex offenders from residing or loitering
10	10	within a certain distance of certain locations where children
11	11	commonly gather and from participating in certain Halloween
12	12	activities; creating a criminal offense.
13	13	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	14	SECTION 1. Article 62.053(a), Code of Criminal Procedure,
15	15	is amended to read as follows:
16	16	(a) Before a person who will be subject to registration
17	17	under this chapter is due to be released from a penal institution,
18	18	the Texas Department of Criminal Justice or the Texas Juvenile
19	19	Justice Department shall determine the person's level of risk to
20	20	the community using the sex offender screening tool developed or
21	21	selected under Article 62.007 and assign to the person a numeric
22	22	risk level of one, two, or three. Before releasing the person, an
23	23	official of the penal institution shall:
24	24	(1) inform the person that:
25	25	(A) not later than the later of the seventh day
26	26	after the date on which the person is released or after the date on
27	27	which the person moves from a previous residence to a new residence
28	28	in this state or not later than the first date the applicable local
29	29	law enforcement authority by policy allows the person to register
30	30	or verify registration, the person must register or verify
31	31	registration with the local law enforcement authority in the
32	32	municipality or county in which the person intends to reside;
33	33	(B) not later than the seventh day after the date
34	34	on which the person is released or the date on which the person
35	35	moves from a previous residence to a new residence in this state,
36	36	the person must, if the person has not moved to an intended
37	37	residence, report to the applicable entity or entities as required
38	38	by Article 62.051(h) or (j) or 62.055(e);
39	39	(C) not later than the seventh day before the
40	40	date on which the person moves to a new residence in this state or
41	41	another state, the person must report in person to the local law
42	42	enforcement authority designated as the person's primary
43	43	registration authority by the department and to the juvenile
44	44	probation officer, community supervision and corrections
45	45	department officer, or parole officer supervising the person;
46	46	(D) not later than the 10th day after the date on
47	47	which the person arrives in another state in which the person
48	48	intends to reside, the person must register with the law
49	49	enforcement agency that is identified by the department as the
50	50	agency designated by that state to receive registration
51	51	information, if the other state has a registration requirement for
52	52	sex offenders;
53	53	(E) not later than the 30th day after the date on
54	54	which the person is released, the person must apply to the
55	55	department in person for the issuance of an original or renewal
56	56	driver's license or personal identification certificate and a
57	57	failure to apply to the department as required by this paragraph
58	58	results in the automatic revocation of any driver's license or
59	59	personal identification certificate issued by the department to the
60	60	person;
61	61	(F) the person must notify appropriate entities
62	62	of any change in status as described by Article 62.057;
63	63	(G) certain types of employment are prohibited
64	64	under Article 62.063 for a person with a reportable conviction or
65	65	adjudication for a sexually violent offense involving a victim
66	66	younger than 14 years of age and occurring on or after September 1,
67	67	2013;
68	68	(H) certain locations of residence are
69	69	prohibited under Article 62.064 for a person with a reportable
70	70	conviction or adjudication for an offense occurring on or after
71	71	September 1, 2017, except as otherwise provided by that article;
72	72	[and]
73	73	(I) if the person enters the premises of a school
74	74	as described by Article 62.065 and is subject to the requirements of
75	75	that article, the person must immediately notify the administrative
76	76	office of the school of the person's presence and the person's
77	77	registration status under this chapter;
78	78	(J) the person may not reside within 2,000 feet
79	79	of or loiter within 500 feet of certain locations as provided by
80	80	Article 62.066; and
81	81	(K) the person may not engage in certain
82	82	activities on Halloween as provided by Article 62.067;
83	83	(2) require the person to sign a written statement
84	84	that the person was informed of the person's duties as described by
85	85	Subdivision (1) or Subsection (g) or, if the person refuses to sign
86	86	the statement, certify that the person was so informed;
87	87	(3) obtain the address or, if applicable, a detailed
88	88	description of each geographical location where the person expects
89	89	to reside on the person's release and other registration
90	90	information, including a photograph and complete set of
91	91	fingerprints; and
92	92	(4) complete the registration form for the person.
93	93	SECTION 2. Article 62.058, Code of Criminal Procedure, is
94	94	amended by adding Subsection (i) to read as follows:
95	95	(i) A local law enforcement authority that provides to a
96	96	person a registration form for verification as required by this
97	97	chapter shall include with the form a statement describing the
98	98	prohibitions under Articles 62.066 and 62.067.
99	99	SECTION 3. Subchapter B, Chapter 62, Code of Criminal
100	100	Procedure, is amended by adding Articles 62.066 and 62.067 to read
101	101	as follows:
102	102	Art. 62.066. PROHIBITED LOCATIONS FOR RESIDENCE OR
103	103	LOITERING. (a) This article applies to the following locations
104	104	where children commonly gather:
105	105	(1) a school as defined by Section 481.134, Health and
106	106	Safety Code;
107	107	(2) a playground as defined by Section 481.134, Health
108	108	and Safety Code;
109	109	(3) a youth center as defined by Section 481.134,
110	110	Health and Safety Code;
111	111	(4) a public swimming pool or child water play area;
112	112	(5) a video arcade facility as defined by Section
113	113	481.134, Health and Safety Code;
114	114	(6) a movie theatre;
115	115	(7) a public or private park;
116	116	(8) a public or private recreational facility;
117	117	(9) a library;
118	118	(10) an athletic field;
119	119	(11) a jogging or hiking trail;
120	120	(12) a bicycle trail; and
121	121	(13) an equestrian trail.
122	122	(b) A person subject to registration under this chapter
123	123	based on a reportable conviction or adjudication for an offense
124	124	occurring on or after September 1, 2025, may not reside within 2,000
125	125	feet of a location to which this article applies.
126	126	(c) A person subject to registration under this chapter may
127	127	not knowingly remain in essentially one location for more than 10
128	128	minutes for no apparent lawful purpose if that location is within
129	129	500 feet of a location to which this article applies.
130	130	(d) A person commits an offense if the person violates this
131	131	article. An offense under this subsection is a Class B misdemeanor,
132	132	except that the offense is a Class A misdemeanor if it is shown on
133	133	the trial of the offense that the defendant has been previously
134	134	convicted of an offense under this article.
135	135	Art. 62.067. LIMITATION ON PARTICIPATION IN CERTAIN
136	136	HALLOWEEN ACTIVITIES. (a) A person subject to registration under
137	137	this chapter may not, on the date on which Halloween is observed:
138	138	(1) leave on any exterior lights at the person's
139	139	residence during the period beginning at 5 p.m. and ending at 11:59
140	140	p.m.; or
141	141	(2) hand out or offer any type of Halloween treat,
142	142	candy, or other edible product to children.
143	143	(b) A person commits an offense if the person violates this
144	144	article. An offense under this subsection is a Class B misdemeanor,
145	145	except that the offense is a Class A misdemeanor if it is shown on
146	146	the trial of the offense that the defendant has been previously
147	147	convicted of an offense under this article.
148	148	SECTION 4. (a) Except as provided by Subsection (b) of this
149	149	section, the changes in law made by this Act to Chapter 62, Code of
150	150	Criminal Procedure, apply to a person who is subject to
151	151	registration under Chapter 62, Code of Criminal Procedure, on or
152	152	after the effective date of this Act, regardless of whether the
153	153	applicable offense or conduct occurs before, on, or after the
154	154	effective date of this Act.
155	155	(b) Article 62.066(b), Code of Criminal Procedure, as added
156	156	by this Act, applies only to a person subject to registration under
157	157	this chapter based on a reportable conviction or adjudication for
158	158	an offense committed on or after the effective date of this Act.
159	159	For purposes of this subsection, an offense was committed before
160	160	the effective date of this Act if any element of the offense
161	161	occurred before that date.
162	162	SECTION 5. This Act takes effect September 1, 2025.