1 | 1 | | 89R2846 MCF-D |
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2 | 2 | | By: Lalani H.B. No. 260 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | |
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6 | 6 | | |
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7 | 7 | | A BILL TO BE ENTITLED |
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8 | 8 | | AN ACT |
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9 | 9 | | relating to prohibiting sex offenders from purchasing firearms. |
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10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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11 | 11 | | SECTION 1. Subchapter B, Chapter 62, Code of Criminal |
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12 | 12 | | Procedure, is amended by adding Article 62.066 to read as follows: |
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13 | 13 | | Art. 62.066. PROHIBITED FIREARM PURCHASE. A person subject |
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14 | 14 | | to registration under this chapter may not purchase a firearm as |
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15 | 15 | | defined by Section 46.01, Penal Code. |
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16 | 16 | | SECTION 2. Article 62.053(a), Code of Criminal Procedure, |
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17 | 17 | | is amended to read as follows: |
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18 | 18 | | (a) Before a person who will be subject to registration |
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19 | 19 | | under this chapter is due to be released from a penal institution, |
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20 | 20 | | the Texas Department of Criminal Justice or the Texas Juvenile |
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21 | 21 | | Justice Department shall determine the person's level of risk to |
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22 | 22 | | the community using the sex offender screening tool developed or |
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23 | 23 | | selected under Article 62.007 and assign to the person a numeric |
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24 | 24 | | risk level of one, two, or three. Before releasing the person, an |
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25 | 25 | | official of the penal institution shall: |
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26 | 26 | | (1) inform the person that: |
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27 | 27 | | (A) not later than the later of the seventh day |
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28 | 28 | | after the date on which the person is released or after the date on |
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29 | 29 | | which the person moves from a previous residence to a new residence |
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30 | 30 | | in this state or not later than the first date the applicable local |
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31 | 31 | | law enforcement authority by policy allows the person to register |
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32 | 32 | | or verify registration, the person must register or verify |
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33 | 33 | | registration with the local law enforcement authority in the |
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34 | 34 | | municipality or county in which the person intends to reside; |
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35 | 35 | | (B) not later than the seventh day after the date |
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36 | 36 | | on which the person is released or the date on which the person |
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37 | 37 | | moves from a previous residence to a new residence in this state, |
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38 | 38 | | the person must, if the person has not moved to an intended |
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39 | 39 | | residence, report to the applicable entity or entities as required |
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40 | 40 | | by Article 62.051(h) or (j) or 62.055(e); |
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41 | 41 | | (C) not later than the seventh day before the |
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42 | 42 | | date on which the person moves to a new residence in this state or |
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43 | 43 | | another state, the person must report in person to the local law |
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44 | 44 | | enforcement authority designated as the person's primary |
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45 | 45 | | registration authority by the department and to the juvenile |
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46 | 46 | | probation officer, community supervision and corrections |
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47 | 47 | | department officer, or parole officer supervising the person; |
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48 | 48 | | (D) not later than the 10th day after the date on |
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49 | 49 | | which the person arrives in another state in which the person |
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50 | 50 | | intends to reside, the person must register with the law |
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51 | 51 | | enforcement agency that is identified by the department as the |
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52 | 52 | | agency designated by that state to receive registration |
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53 | 53 | | information, if the other state has a registration requirement for |
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54 | 54 | | sex offenders; |
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55 | 55 | | (E) not later than the 30th day after the date on |
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56 | 56 | | which the person is released, the person must apply to the |
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57 | 57 | | department in person for the issuance of an original or renewal |
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58 | 58 | | driver's license or personal identification certificate and a |
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59 | 59 | | failure to apply to the department as required by this paragraph |
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60 | 60 | | results in the automatic revocation of any driver's license or |
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61 | 61 | | personal identification certificate issued by the department to the |
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62 | 62 | | person; |
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63 | 63 | | (F) the person must notify appropriate entities |
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64 | 64 | | of any change in status as described by Article 62.057; |
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65 | 65 | | (G) certain types of employment are prohibited |
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66 | 66 | | under Article 62.063 for a person with a reportable conviction or |
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67 | 67 | | adjudication for a sexually violent offense involving a victim |
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68 | 68 | | younger than 14 years of age and occurring on or after September 1, |
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69 | 69 | | 2013; |
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70 | 70 | | (H) certain locations of residence are |
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71 | 71 | | prohibited under Article 62.064 for a person with a reportable |
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72 | 72 | | conviction or adjudication for an offense occurring on or after |
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73 | 73 | | September 1, 2017, except as otherwise provided by that article; |
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74 | 74 | | [and] |
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75 | 75 | | (I) if the person enters the premises of a school |
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76 | 76 | | as described by Article 62.065 and is subject to the requirements of |
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77 | 77 | | that article, the person must immediately notify the administrative |
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78 | 78 | | office of the school of the person's presence and the person's |
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79 | 79 | | registration status under this chapter; and |
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80 | 80 | | (J) a person with a reportable conviction or |
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81 | 81 | | adjudication for an offense occurring on or after September 1, |
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82 | 82 | | 2025, may not purchase a firearm, as provided by Article 62.066; |
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83 | 83 | | (2) require the person to sign a written statement |
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84 | 84 | | that the person was informed of the person's duties as described by |
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85 | 85 | | Subdivision (1) or Subsection (g) or, if the person refuses to sign |
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86 | 86 | | the statement, certify that the person was so informed; |
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87 | 87 | | (3) obtain the address or, if applicable, a detailed |
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88 | 88 | | description of each geographical location where the person expects |
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89 | 89 | | to reside on the person's release and other registration |
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90 | 90 | | information, including a photograph and complete set of |
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91 | 91 | | fingerprints; and |
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92 | 92 | | (4) complete the registration form for the person. |
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93 | 93 | | SECTION 3. Article 62.058(g), Code of Criminal Procedure, |
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94 | 94 | | is amended to read as follows: |
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95 | 95 | | (g) A local law enforcement authority that provides to a |
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96 | 96 | | person a registration form for verification as required by this |
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97 | 97 | | chapter shall include with the form a statement describing the |
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98 | 98 | | prohibitions [prohibition] under Articles [Article] 62.064 and |
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99 | 99 | | 62.066. |
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100 | 100 | | SECTION 4. (a) Article 62.066, Code of Criminal Procedure, |
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101 | 101 | | as added by this Act, applies only to a person who is required to |
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102 | 102 | | register under Chapter 62, Code of Criminal Procedure, on the basis |
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103 | 103 | | of a conviction or adjudication for an offense committed on or after |
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104 | 104 | | the effective date of this Act. An offense committed before the |
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105 | 105 | | effective date of this Act is governed by the law in effect on the |
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106 | 106 | | date the offense was committed, and the former law is continued in |
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107 | 107 | | effect for that purpose. |
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108 | 108 | | (b) A person who is required to register under Chapter 62, |
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109 | 109 | | Code of Criminal Procedure, solely on the basis of a conviction or |
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110 | 110 | | adjudication that occurs before the effective date of this Act is |
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111 | 111 | | governed by the law in effect on the date the conviction or |
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112 | 112 | | adjudication occurred, and the former law is continued in effect |
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113 | 113 | | for that purpose. |
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114 | 114 | | SECTION 5. This Act takes effect September 1, 2025. |
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