H.B. No. 867
AN ACT
relating to the registration and supervision of sex offenders and
to state assistance provided to sex offenders; providing penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
ARTICLE 1. SEX OFFENDER REGISTRATION REQUIREMENTS
SECTION 1.01. Chapter 62, Code of Criminal Procedure, is
reenacted and amended to read as follows:
CHAPTER 62. SEX OFFENDER REGISTRATION PROGRAM
SUBCHAPTER A. GENERAL PROVISIONS
Art. 62.001 [62.01]. DEFINITIONS. In this chapter:
(1) "Department" means the Department of Public
Safety.
(2) "Local law enforcement authority" means the chief
of police of a municipality or the sheriff of a county in this
state.
(3) "Penal institution" means a confinement facility
operated by or under a contract with any division of the Texas
Department of Criminal Justice, a confinement facility operated by
or under contract with the Texas Youth Commission, or a juvenile
secure pre-adjudication or post-adjudication facility operated by
or under a local juvenile probation department, or a county jail.
(4) "Released" means discharged, paroled, placed in a
nonsecure community program for juvenile offenders, or placed on
juvenile probation, community supervision, or mandatory
supervision.
(5) "Reportable conviction or adjudication" means a
conviction or adjudication, including an adjudication of
delinquent conduct or a deferred adjudication, [regardless of the
pendency of an appeal,] that, regardless of the pendency of an
appeal, is a conviction for or an adjudication for or based on:
(A) [a conviction for] a violation of Section
21.11 (Indecency with a child), 22.011 (Sexual assault), 22.021
(Aggravated sexual assault), or 25.02 (Prohibited sexual conduct),
Penal Code;
(B) [a conviction for] a violation of Section
43.05 (Compelling prostitution), 43.25 (Sexual performance by a
child), or 43.26 (Possession or promotion of child pornography),
Penal Code;
(C) [a conviction for] a violation of Section
20.04(a)(4) (Aggravated kidnapping), Penal Code, if the actor
[defendant] committed the offense or engaged in the conduct with
intent to violate or abuse the victim sexually;
(D) [a conviction for] a violation of Section
30.02 (Burglary), Penal Code, if the offense or conduct is
punishable under Subsection (d) of that section and the actor
[defendant] committed the offense or engaged in the conduct with
intent to commit a felony listed in Paragraph (A) or (C);
(E) [a conviction for] a violation of Section
20.02 (Unlawful restraint), 20.03 (Kidnapping), or 20.04
(Aggravated kidnapping), Penal Code, if, as applicable:
(i) the judgment in the case contains an
affirmative finding under Article 42.015; or
(ii) the order in the hearing or the papers
in the case contain an affirmative finding that the victim or
intended victim was younger than 17 years of age;
(F) the second [conviction for a] violation of
Section 21.08 (Indecent exposure), Penal Code, but not if the
second violation results in a deferred adjudication;
(G) [a conviction for] an attempt, conspiracy, or
solicitation, as defined by Chapter 15, Penal Code, to commit an
offense or engage in conduct listed in Paragraph (A), (B), (C),
(D), or (E);
(H) [an adjudication of delinquent conduct:
[(i) based on a violation of one of the
offenses listed in Paragraph (A), (B), (C), (D), or (G) or, if the
order in the hearing contains an affirmative finding that the
victim or intended victim was younger than 17 years of age, one of
the offenses listed in Paragraph (E); or
[(ii) for which two violations of the
offense listed in Paragraph (F) are shown;
[(I) a deferred adjudication for an offense
listed in:
[(i) Paragraph (A), (B), (C), (D), or (G);
or
[(ii) Paragraph (E) if the papers in the
case contain an affirmative finding that the victim or intended
victim was younger than 17 years of age;
[(J)] a violation of [conviction under] the laws
of another state, federal law, the laws of a foreign country, or the
Uniform Code of Military Justice for or based on the violation of an
offense containing elements that are substantially similar to the
elements of an offense listed under Paragraph (A), (B), (C), (D),
(E), or (G), but not if the violation results in a deferred
adjudication; or
(I) [(K) an adjudication of delinquent conduct
under the laws of another state, federal law, or the laws of a
foreign country based on a violation of an offense containing
elements that are substantially similar to the elements of an
offense listed under Paragraph (A), (B), (C), (D), (E), or (G);
[(L)] the second violation of [conviction under]
the laws of another state, federal law, the laws of a foreign
country, or the Uniform Code of Military Justice for or based on the
violation of an offense containing elements that are substantially
similar to the elements of the offense of indecent exposure, but not
if the second violation results in a deferred adjudication[; or
[(M) the second adjudication of delinquent
conduct under the laws of another state, federal law, or the laws of
a foreign country based on a violation of an offense containing
elements that are substantially similar to the elements of the
offense of indecent exposure].
(6) "Sexually violent offense" means any of the
following offenses committed by a person 17 years of age or older:
(A) an offense under Section 21.11(a)(1)
(Indecency with a child), 22.011 (Sexual assault), or 22.021
(Aggravated sexual assault), Penal Code;
(B) an offense under Section 43.25 (Sexual
performance by a child), Penal Code;
(C) an offense under Section 20.04(a)(4)
(Aggravated kidnapping), Penal Code, if the defendant committed the
offense with intent to violate or abuse the victim sexually;
(D) an offense under Section 30.02 (Burglary),
Penal Code, if the offense is punishable under Subsection (d) of
that section and the defendant committed the offense with intent to
commit a felony listed in Paragraph (A) or (C) of Subdivision (5);
or
(E) an offense under the laws of another state,
federal law, the laws of a foreign country, or the Uniform Code of
Military Justice if the offense contains elements that are
substantially similar to the elements of an offense listed under
Paragraph (A), (B), (C), or (D).
(7) "Residence" includes a residence established in
this state by a person described by Article 62.152(e) [62.063(e)].
(8) "Public or private institution of higher
education" includes a college, university, community college, or
technical or trade institute.
(9) "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, other than a local law enforcement authority.
(10) "Extrajurisdictional registrant" means a person
who:
(A) is required to register as a sex offender
under:
(i) the laws of another state with which the
department has entered into a reciprocal registration agreement;
(ii) federal law or the Uniform Code of
Military Justice; or
(iii) the laws of a foreign country; and
(B) is not otherwise required to register under
this chapter because:
(i) the person does not have a reportable
conviction for an offense under the laws of the other state, federal
law, the laws of the foreign country, or the Uniform Code of
Military Justice containing elements that are substantially
similar to the elements of an offense requiring registration under
this chapter; or
(ii) the person does not have a reportable
adjudication of delinquent conduct based on a violation of an
offense under the laws of the other state, federal law, or the laws
of the foreign country containing elements that are substantially
similar to the elements of an offense requiring registration under
this chapter.
Art. 62.002. APPLICABILITY OF CHAPTER. (a) This chapter
applies only to a reportable conviction or adjudication occurring
on or after September 1, 1970.
(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:
(1) an appeal of the conviction or adjudication; or
(2) a pardon 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 on
the basis of a conviction or adjudication receives a pardon on the
basis of subsequent proof of innocence, 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. 62.003 [62.0101]. DETERMINATION REGARDING
SUBSTANTIALLY SIMILAR ELEMENTS OF OFFENSE. (a) For the purposes of
this chapter, the [The] department is responsible for determining
[for the purposes of this chapter] whether an offense under the laws
of another state, federal law, the laws of a foreign country, or the
Uniform Code of Military Justice contains elements that are
substantially similar to the elements of an offense under the laws
of this state.
(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, federal law, the laws of a foreign
country, 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.
(c) An appeal of a determination made under this article
shall be brought in a district court in Travis County.
Art. 62.004 [62.0102]. DETERMINATION REGARDING PRIMARY
REGISTRATION AUTHORITY. (a) For each person subject to
registration under this chapter, the department shall determine
which local law enforcement authority serves as the person's
primary registration authority based on the municipality or county
in which the person resides or, as provided by Article 62.152
[62.061, as added by Chapters 1193 and 1415, Acts of the 76th
Legislature, Regular Session, 1999], the municipality or county in
which the person works or attends school.
(b) The department shall notify each person subject to
registration under this chapter of the person's primary
registration authority in a timely manner.
Art. 62.005. CENTRAL DATABASE; PUBLIC INFORMATION. (a)
The department shall maintain a computerized central database
containing the information required for registration under this
chapter. The department may include in the computerized central
database the numeric risk level assigned to a person under this
chapter.
(b) The information contained in the database, including
the numeric risk level assigned to a person under this chapter, is
public information, with the exception of any information:
(1) regarding the person's social security number,
driver's license number, or telephone number;
(2) that is required by the department under Article
62.051(c)(7); or
(3) that would identify the victim of the offense for
which the person is subject to registration.
(c) Notwithstanding Chapter 730, Transportation Code, the
department shall maintain in the database, and shall post on any
department website related to the database, any photograph of the
person that is available through the process for obtaining or
renewing a personal identification certificate or driver's license
under Section 521.103 or 521.272, Transportation Code. The
department shall update the photograph in the database and on the
website annually or as the photograph otherwise becomes available
through the renewal process for the certificate or license.
(d) A local law enforcement authority shall release public
information described under Subsection (b) to any person who
requests the information from the authority. The authority may
charge the person a fee not to exceed the amount reasonably
necessary to cover the administrative costs associated with the
authority's release of information to the person under this
subsection.
(e) 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. The
department shall provide the notice required by this subsection as
the applicable licensing information becomes available through the
person's registration or verification of registration.
(f) 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.
(g) For the purposes of Subsections (e) and (f):
(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.
(h) 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
62.058, the department shall send notice of any person required to
register under this chapter who is or will be employed, carrying on
a vocation, or a student at a public or private institution of
higher education in this state to:
(1) for an institution in this state:
(A) the authority for campus security for that
institution; or
(B) if an authority for campus security for that
institution 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 at that institution.
(i) On the written request of an institution of higher
education described by Subsection (h) 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.
Art. 62.006. INFORMATION PROVIDED TO PEACE OFFICER ON
REQUEST. The department shall establish a procedure by which a
peace officer 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 to whom
the driver's license or personal identification certificate is
issued is required to register under this chapter or whether the
license plate number is entered in the computerized central
database under Article 62.005 as assigned to a vehicle owned or
driven by a person required to register under this chapter.
Art. 62.007. RISK ASSESSMENT REVIEW COMMITTEE; SEX OFFENDER
SCREENING TOOL. (a) The Texas Department of Criminal Justice shall
establish a risk assessment review committee composed of at least
seven members, each of whom serves on the review committee in
addition to the member's other employment-related duties. The
review committee, to the extent feasible, must include at least:
(1) one member having experience in law enforcement;
(2) one member having experience working with juvenile
sex offenders;
(3) one member having experience as a sex offender
treatment provider;
(4) one member having experience working with victims
of sex offenses;
(5) the executive director of the Council on Sex
Offender Treatment; and
(6) one sex offender treatment provider registered
under Chapter 110, Occupations Code, and selected by the executive
director of the Council on Sex Offender Treatment to serve on the
review committee.
(b) The risk assessment review committee functions in an
oversight capacity. The committee shall:
(1) develop or select, from among existing tools or
from any tool recommended by the Council on Sex Offender Treatment,
a sex offender screening tool to be used in determining the level of
risk of a person subject to registration under this chapter;
(2) ensure that staff is trained on the use of the
screening tool;
(3) monitor the use of the screening tool in the state;
and
(4) analyze other screening tools as they become
available and revise or replace the existing screening tool if
warranted.
(c) The sex offender screening tool must use an objective
point system under which a person is assigned a designated number of
points for each of various factors. In developing or selecting the
sex offender screening tool, the risk assessment review committee
shall use or shall select a screening tool that may be adapted to
use the following general guidelines:
(1) level one (low): a designated range of points on
the sex offender screening tool indicating that the person poses a
low danger to the community and will not likely engage in criminal
sexual conduct;
(2) level two (moderate): a designated range of
points on the sex offender screening tool indicating that the
person poses a moderate danger to the community and might continue
to engage in criminal sexual conduct; and
(3) level three (high): a designated range of points
on the sex offender screening tool indicating that the person poses
a serious danger to the community and will continue to engage in
criminal sexual conduct.
(d) The risk assessment review committee, the Texas
Department of Criminal Justice, the Texas Youth Commission, or a
court may override a risk level only if the entity:
(1) believes that the risk level assessed is not an
accurate prediction of the risk the offender poses to the
community; and
(2) documents the reason for the override in the
offender's case file.
(e) Notwithstanding Chapter 58, Family Code, records and
files, including records that have been sealed under Section 58.003
of that code, relating to a person for whom a court, the Texas
Department of Criminal Justice, or the Texas Youth Commission is
required under this article to determine a level of risk shall be
released to the court, department, or commission, as appropriate,
for the purpose of determining the person's risk level.
(f) Chapter 551, Government Code, does not apply to a
meeting of the risk assessment review committee.
(g) The numeric risk level assigned to a person using the
sex offender screening tool described by this article is not
confidential and is subject to disclosure under Chapter 552,
Government Code.
Art. 62.008. GENERAL IMMUNITY. The following persons are
immune from liability for good faith conduct under this chapter:
(1) an employee or officer of the Texas Department of
Criminal Justice, the Texas Youth Commission, the Texas Juvenile
Probation Commission, the Department of Public Safety, the Board of
Pardons and Paroles, or a local law enforcement authority;
(2) an employee or officer of a community supervision
and corrections department or a juvenile probation department;
(3) a member of the judiciary; and
(4) a member of the risk assessment review committee
established under Article 62.007.
Art. 62.009. IMMUNITY FOR RELEASE OF PUBLIC INFORMATION.
(a) The department, a penal institution, a local law enforcement
authority, or an authority for campus security may release to the
public information regarding a person required to register under
this chapter only if the information is public information under
this chapter.
(b) An individual, agency, entity, or authority is not
liable under Chapter 101, Civil Practice and Remedies Code, or any
other law for damages arising from conduct authorized by Subsection
(a).
(c) For purposes of determining liability, the release or
withholding of information by an appointed or elected officer of an
agency, entity, or authority is a discretionary act.
(d) A private primary or secondary school, public or private
institution of higher education, or administrator of a private
primary or secondary school or public or private institution of
higher education may release to the public information regarding a
person required to register under this chapter only if the
information is public information under this chapter and is
released to the administrator under Article 62.005, 62.053, 62.054,
62.055, or 62.153. A private primary or secondary school, public or
private institution of higher education, or administrator of a
private primary or secondary school or public or private
institution of higher education is not liable under any law for
damages arising from conduct authorized by this subsection.
Art. 62.010. RULEMAKING AUTHORITY. The Texas Department of
Criminal Justice, the Texas Youth Commission, the Texas Juvenile
Probation Commission, and the department may adopt any rule
necessary to implement this chapter.
SUBCHAPTER B. REGISTRATION AND VERIFICATION
REQUIREMENTS; RELATED NOTICE
[Art. 62.0105. EXEMPTION FROM REGISTRATION FOR CERTAIN SEX
OFFENDERS. (a) If eligible under Subsection (b) or (c), a person
required to register under this chapter may petition the court
having jurisdiction over the case for an order exempting the person
from registration under this chapter at any time after the person's
sentencing or after the person is placed on deferred adjudication
community supervision.
[(b) A person is eligible to petition the court as described
by Subsection (a) if:
[(1) the person is required to register only as a
result of a single reportable conviction or adjudication, other
than an adjudication of delinquent conduct; and
[(2) the court has entered in the appropriate judgment
or has filed with the appropriate papers a statement of an
affirmative finding described by Article 42.017 or Section 5(g),
Article 42.12.
[(c) A defendant who before September 1, 2001, is convicted
of or placed on deferred adjudication community supervision for an
offense under Section 21.11, 22.011, 22.021, or 43.25, Penal Code,
is eligible to petition the court as described by Subsection (a).
The court may consider the petition only if the petition states and
the court finds that the defendant would have been entitled to the
entry of an affirmative finding under Article 42.017 or Section
5(g), Article 42.12, as appropriate, had the conviction or
placement on deferred adjudication community supervision occurred
after September 1, 2001.
[(d) After a hearing on the petition described by Subsection
(a), the court may issue an order exempting the person from
registration under this chapter if it appears by a preponderance of
the evidence:
[(1) as presented by a registered sex offender
treatment provider, that the exemption does not threaten public
safety; and
[(2) that the person's conduct did not occur without
the consent of the victim or intended victim as described by Section
22.011(b), Penal Code.
[(e) An order exempting the person from registration under
this chapter does not expire, but the court shall withdraw the order
if after the order is issued the person receives a reportable
conviction or adjudication under this chapter.
[Art. 62.011. WORKERS OR STUDENTS. (a) A person is
employed or carries on a vocation for purposes of this chapter if
the person works or volunteers on a full-time or part-time basis for
a consecutive period exceeding 14 days or for an aggregate period
exceeding 30 days in a calendar year. A person works for purposes
of this subsection regardless of whether the person works for
compensation or for governmental or educational benefit.
[(b) A person is a student for purposes of this chapter if
the person enrolls on a full-time or part-time basis in any
educational facility, including:
[(1) a public or private primary or secondary school,
including a high school or alternative learning center; or
[(2) a public or private institution of higher
education.]
Art. 62.051 [62.02]. REGISTRATION: GENERAL. (a) A person
who has a reportable conviction or adjudication or who is required
to register 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) [(d)],
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 the later of:
(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 Youth Commission, the Texas Juvenile
Probation Commission, 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, each alias, date of birth,
sex, race, height, weight, eye color, hair color, social security
number, driver's license number, shoe size, and home address;
(2) a recent color photograph or, if possible, an
electronic digital image of the person and a complete set of the
person's fingerprints;
(3) the type of offense the person was convicted of,
the age of the victim, the date of conviction, and the punishment
received;
(4) an indication as to whether the person is
discharged, paroled, or released on juvenile probation, community
supervision, or mandatory supervision;
(5) an indication of each license, as defined by
Article 62.005(g) [62.08(g)], that is held or sought by the person;
(6) an indication as to whether the person is or will
be employed, carrying on a vocation, or a student at a particular
public or private institution of higher education in this state or
another state, and the name and address of that institution; and
(7) any other information required by the department.
(d) The registration form must contain a statement and
description of any registration duties the person has or may have
under this chapter.
(e) [(c)] Not later than the third day after a person's
registering, the local law enforcement authority with whom the
person registered 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) [(d)] 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 not
accurate, the person shall make any necessary additions or
corrections before signing the form.
(g) [(e)] 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
item of information required by the form in accordance with
Subsection (c) [(b)].
(h) [(f)] 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 juvenile probation officer,
community supervision and corrections department officer, or
parole officer supervising the person by not later than the seventh
day after the date on which the person is released or the date on
which the person leaves a previous residence, as applicable, and
provide the officer with the address of the person's temporary
residence; and
(2) continue to report to the person's supervising
officer not less than weekly during any period of 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) [(g)] If the other state has a registration requirement
for sex offenders, a person who has a reportable conviction or
adjudication, who resides in this state, and who is employed,
carries on a vocation, or is a student 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, carries on a vocation, 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.
Art. 62.052 [62.021]. REGISTRATION: EXTRAJURISDICTIONAL
[OUT-OF-STATE] REGISTRANTS. (a) An extrajurisdictional
registrant [This article applies to a person who:
[(1) is required to register as a sex offender under:
[(A) the laws of another state with which the
department has entered into a reciprocal registration agreement;
[(B) federal law or the Uniform Code of Military
Justice; or
[(C) the laws of a foreign country; and
[(2) is not otherwise required to register under this
chapter because:
[(A) the person does not have a reportable
conviction for an offense under the laws of the other state, federal
law, the laws of the foreign country, or the Uniform Code of
Military Justice containing elements that are substantially
similar to an offense requiring registration under this chapter; or
[(B) the person does not have a reportable
adjudication of delinquent conduct based on a violation of an
offense under the laws of the other state, federal law, or the laws
of the foreign country containing elements that are substantially
similar to an offense requiring registration under this chapter.
[(b) A person described by Subsection (a)] is required to
comply with the annual verification requirements of Article 62.058
[62.06] in the same manner as a person who is required to verify
registration on the basis of a reportable conviction or
adjudication.
(b) [(c)] The duty to register for an extrajurisdictional
registrant [a person described by Subsection (a)] 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.
(c) [(d)] The department may negotiate and enter into a
reciprocal registration agreement with any other state to prevent
residents of this state and residents of the other state from
frustrating the public purpose of the registration of sex offenders
by moving from one state to the other.
Art. 62.053 [62.03]. PRERELEASE NOTIFICATION. (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 Youth Commission shall determine the
person's level of risk to the community using the sex offender
screening tool developed or selected under Article 62.007 [62.035]
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 later of the first date the
applicable local law enforcement authority by policy allows the
person to register or verify registration, the person must[:
[(i)] 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, [or
[(ii)] if the person has not moved to an
intended residence, report to the juvenile probation officer,
community supervision and corrections department officer, or
parole officer supervising the person;
(C) [(B)] 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) [(C)] 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) [(D)] 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) [(E)] the person must notify appropriate
entities of any change in status as described by Article 62.057
[62.05];
(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) [(h)] or, if the person refuses to
sign the statement, certify that the person was so informed;
(3) obtain the address 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 and numeric risk level to the department and to:
(1) the applicable local law enforcement authority in
the municipality or county in which the person expects to reside, 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
sex 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 community
supervision], or imposing only a fine, the court pronouncing the
order or sentence shall make a determination of the person's
numeric risk level using the sex offender screening tool developed
or selected under Article 62.007 [62.035], assign to the person a
numeric risk level of one, two, or three, and ensure that the
prerelease notification and registration requirements specified in
this article 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 obtain the person's numeric risk
level from the court and conduct the prerelease notification and
registration requirements specified in this article. In any other
case in which the court pronounces a sentence under this
subsection, the court shall designate another appropriate
individual to obtain the person's numeric risk level from the court
and conduct the prerelease notification and registration
requirements specified in this article.
(d) If a person who has a reportable conviction described by
Article 62.001(5)(H) [62.01(5)(J)] or (I) [(L)] is placed under the
supervision of the pardons and paroles division of the Texas
Department of Criminal Justice or a community supervision and
corrections department under Article 42.11, the division or
community supervision and corrections department shall conduct the
prerelease notification and registration requirements specified in
this article on the date the person is placed under the supervision
of the division or community supervision and corrections
department. If a person who has a reportable adjudication of
delinquent conduct described by Article 62.001(5)(H) [62.01(5)(K)]
or (I) [(M)] is, as permitted by Section 60.002, Family Code, placed
under the supervision of the Texas Youth Commission, a public or
private vendor operating under contract with the Texas Youth
Commission, a local juvenile probation department, or a juvenile
secure pre-adjudication or post-adjudication facility, the
commission, vendor, probation department, or facility shall
conduct the prerelease notification and registration requirements
specified in this article on the date the person is placed under the
supervision of the commission, vendor, probation department, or
facility.
(e) Not later than the eighth day after receiving a
registration form under Subsection (b), (c), or (d), the local law
enforcement authority shall verify the age of the victim, the basis
on which the person is subject to registration under this chapter,
and the person's numeric risk level. [The authority shall
immediately publish notice in English and Spanish in the newspaper
of greatest paid circulation in the county in which the person
subject to registration intends to reside or, if there is no
newspaper of paid circulation in that county, in the newspaper of
greatest general circulation in the county, except as provided by
Article 62.031. If the authority publishes notice under this
subsection, the authority shall publish a duplicate notice in the
newspaper, with any necessary corrections, during the week
immediately following the week of initial publication.] The local
law enforcement authority shall [also] immediately provide notice
to the superintendent of the public school district and to the
administrator of any private primary or secondary school located in
the public school district in which the person subject to
registration intends to reside by mail to the office of the
superintendent or administrator, as appropriate, in accordance
with Article 62.054 [62.032]. On receipt of a notice under this
subsection, the superintendent shall release the information
contained in the notice to appropriate school district personnel,
including peace officers and security personnel, principals,
nurses, and counselors.
(f) [The local law enforcement authority shall include in
the notice by publication in a newspaper the following information
only:
[(1) the person's full name, age, and gender;
[(2) a brief description of the offense for which the
person is subject to registration;
[(3) the municipality, numeric street address or
physical address, if a numeric street address is not available, and
zip code number where the person intends to reside;
[(4) either a recent photograph of the person or the
Internet address of a website on which the person's photograph is
accessible free of charge; and
[(5) the person's numeric risk level assigned under
this chapter and the guidelines used to determine a person's risk
level generally.
[(g)] The local law enforcement authority shall include in
the notice to the superintendent of the public school district and
to the administrator of any private primary or secondary school
located in the public school district any information the authority
determines is necessary to protect the public, except:
(1) the person's social security number, driver's
license number, or telephone number; and
(2) any information that would identify the victim of
the offense for which the person is subject to registration.
(g) [(h)] 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 later of 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 by policy 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;
(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 sex offenders, the person must:
(A) 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; and
(B) if the person intends to be employed, carry
on a vocation, or be 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, register with that authority
not later than the 10th day after the date on which the person
begins to work or attend school; and
(3) regardless of the state in which the person
intends to reside, if the person intends to be employed, carry on a
vocation, or be a student at a public or private institution of
higher education in this state, the person must:
(A) not later than the later of the seventh day
after the date on which the person begins to work or attend school
or the first date the applicable authority by policy allows the
person to register, register with:
(i) the authority for campus security for
that institution; or
(ii) except as provided by Article
62.153(e) [62.064(e)], if an authority for campus security for that
institution does not exist, the local law enforcement authority of:
(a) the municipality in which the
institution is located; or
(b) the county in which the
institution is located, if the institution is not located in a
municipality; and
(B) not later than the seventh day after the date
the person stops working or attending school, notify the
appropriate authority for campus security or local law enforcement
authority of the termination of the person's status as a worker or
student.
[(i) If a person who is subject to the newspaper publication
requirements of Subsection (e) is not under community supervision,
parole, or mandatory supervision, the local law enforcement
authority obtaining publication of notice regarding the person as
required by that subsection shall collect from the person an amount
equal to the cost incurred by the authority in obtaining the
publication. The cost of the publication of notice must be
established by written receipt.
[Art. 62.031. LIMITATIONS ON NEWSPAPER PUBLICATION. (a) A
local law enforcement authority may not publish notice in a
newspaper under Article 62.03(e) or 62.04(f) if the basis on which
the person is subject to registration is:
[(1) an adjudication of delinquent conduct; or
[(2) a conviction or a deferred adjudication for an
offense under Section 25.02, Penal Code, or an offense under the
laws of another state, federal law, or the Uniform Code of Military
Justice that contains elements substantially similar to the
elements of an offense under Section 25.02, Penal Code, if the
victim was at the time of the offense a child younger than 17 years
of age.
[(b) In addition to the prohibition on publication
established under Subsection (a), a local law enforcement
authority may not publish notice in a newspaper under Article
62.04(f) if the person subject to registration is assigned a
numeric risk level of one.]
Art. 62.054 [62.032]. CIRCUMSTANCES REQUIRING NOTICE TO
SUPERINTENDENT OR SCHOOL ADMINISTRATOR. (a) A local law
enforcement authority shall provide notice to the superintendent
and each administrator under Article 62.053(e) [62.03(e)] or
62.055(f) [62.04(f)] only if:
(1) the victim was at the time of the offense a child
younger than 17 years of age or a student enrolled in a public or
private secondary school;
(2) the person subject to registration is a student
enrolled in a public or private secondary school; or
(3) the basis on which the person is subject to
registration is a conviction, a deferred adjudication, or an
adjudication of delinquent conduct for an offense under Section
43.25 or 43.26, Penal Code, or an offense under the laws of another
state, federal law, or the Uniform Code of Military Justice that
contains elements substantially similar to the elements of an
offense under either of those sections.
(b) A local law enforcement authority may not provide notice
to the superintendent or any administrator under Article 62.053(e)
[62.03(e)] or 62.055(f) [62.04(f)] if the basis on which the person
is subject to registration is a conviction, a deferred
adjudication, or an adjudication of delinquent conduct for an
offense under Section 25.02, Penal Code, or an offense under the
laws of another state, federal law, or the Uniform Code of Military
Justice that contains elements substantially similar to the
elements of an offense under that section.
[Art. 62.035. RISK ASSESSMENT REVIEW COMMITTEE; SEX
OFFENDER SCREENING TOOL. (a) The Texas Department of Criminal
Justice shall establish a risk assessment review committee composed
of at least five members, each of whom is a state employee whose
service on the review committee is in addition to the employee's
regular duties. The review committee, to the extent feasible,
should include at least:
[(1) one member having experience in law enforcement;
[(2) one member having experience working with
juvenile sex offenders;
[(3) one member having experience as a sex offender
treatment provider; and
[(4) one member having experience working with victims
of sex offenses.
[(b) The risk assessment review committee functions in an
oversight capacity. The committee shall:
[(1) develop or select from among existing tools a sex
offender screening tool to be used in determining the level of risk
of a person subject to registration under this chapter;
[(2) ensure that staff are trained on the use of the
screening tool;
[(3) monitor the use of the screening tool in the
state; and
[(4) analyze other screening tools as they become
available and revise or replace the existing screening tool if
warranted.
[(c) The sex offender screening tool must use an objective
point system under which a person is assigned a designated number of
points for each of various factors. In developing or selecting the
sex offender screening tool, the risk assessment review committee
shall use or shall select a screening tool that may be adapted to
use the following general guidelines:
[(1) level one (low): a designated range of points on
the sex offender screening tool indicating that the person poses a
low danger to the community and will not likely engage in criminal
sexual conduct;
[(2) level two (moderate): a designated range of
points on the sex offender screening tool indicating that the
person poses a moderate danger to the community and may continue to
engage in criminal sexual conduct; and
[(3) level three (high): a designated range of points
on the sex offender screening tool indicating that the person poses
a serious danger to the community and will continue to engage in
criminal sexual conduct.
[(d) The risk assessment review committee, the Texas
Department of Criminal Justice, the Texas Youth Commission, or a
court may override a risk level only if the entity:
[(1) believes that the risk level assessed is not an
accurate prediction of the risk the offender poses to the
community; and
[(2) documents the reason for the override in the
offender's case file.
[(e) Notwithstanding Chapter 58, Family Code, records and
files, including records that have been sealed under Section 58.003
of that code, relating to a person for whom a court, the Texas
Department of Criminal Justice, or the Texas Youth Commission is
required under this article to determine a level of risk shall be
released to the court, department, or commission, as appropriate,
for the purpose of determining the person's risk level.
[(f) Chapter 551, Government Code, does not apply to a
meeting of the risk assessment review committee.]
Art. 62.055 [62.04]. CHANGE OF ADDRESS. (a) If a person
required to register under this chapter intends to change address,
regardless of whether the person intends to move to another state,
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 primary registration authority by the
department and to the juvenile probation officer, community
supervision and corrections department officer, or parole 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 changes address, the person shall, not
later than the later of the seventh day after changing the address
or the first date the applicable local law enforcement authority by
policy 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 receipt of notice
under Subsection (a), the person's juvenile probation officer,
community supervision and corrections department officer, or
parole officer 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 sex 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 this 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 juvenile probation officer,
community supervision and corrections department officer, or
parole 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 on which the department
receives information under Subsection (a). Not later than the
eighth day after the date on which the local law enforcement
authority is informed under Subsection (a) or under this
subsection, the authority shall verify the age of the victim, the
basis on which the person is subject to registration under this
chapter, and the person's numeric risk level. [The authority shall
immediately publish notice in English and Spanish in the newspaper
of greatest paid circulation in the county in which the person
subject to registration intends to reside or, if there is no
newspaper of paid circulation in that county, in the newspaper of
greatest general circulation in the county, except as provided by
Article 62.031. If the authority publishes notice under this
subsection, the authority shall publish a duplicate notice in the
newspaper, with any necessary corrections, during the week
immediately following the week of initial publication.] The local
law enforcement authority shall [also] immediately provide notice
to the superintendent of the public school district and to the
administrator of any private primary or secondary school located in
the public school district in which the person subject to
registration intends to reside by mail to the office of the
superintendent or administrator, as appropriate, in accordance
with Article 62.054 [62.032]. On receipt of a notice under this
subsection, the superintendent shall release the information
contained in the notice to appropriate school district personnel,
including peace officers and security personnel, principals,
nurses, and counselors.
(g) [The local law enforcement authority shall include in
the notice by publication in a newspaper the following information
only:
[(1) the person's full name, age, and gender;
[(2) a brief description of the offense for which the
person is subject to registration;
[(3) the municipality, numeric street address or
physical address, if a numeric street address is not available, and
zip code number where the person intends to reside;
[(4) either a recent photograph of the person or the
Internet address of a website on which the person's photograph is
accessible free of charge; and
[(5) the person's numeric risk level assigned under
this chapter and the guidelines used to determine a person's risk
level generally.
[(h)] The local law enforcement authority shall include in
the notice to the superintendent of the public school district and
the administrator of any private primary or secondary school
located in the public school district any information the authority
determines is necessary to protect the public, except:
(1) the person's social security number, driver's
license number, or telephone number; and
(2) any information that would identify the victim of
the offense for which the person is subject to registration.
(h) [(i)] If the person moves to another state, the
department shall, immediately on receiving information under
Subsection (d):
(1) inform the [law enforcement] agency that is
designated by the other state to receive registration information,
if that state has a registration requirement for sex 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.
[(j) If a person who is subject to the newspaper publication
requirements of Subsection (f) is not under community supervision,
parole, or mandatory supervision, the local law enforcement
authority obtaining publication of notice regarding the person as
required by that subsection shall collect from the person an amount
equal to the cost incurred by the authority in obtaining the
publication. The cost of the publication of notice must be
established by written receipt.
[Art. 62.041. AUTHORITY OF POLITICAL SUBDIVISION TO COLLECT
COSTS OF CERTAIN NOTICE. (a) In this article, "utility service"
means water, wastewater, sewer, gas, garbage, electricity, or
drainage service.
[(b) A political subdivision served by a local law
enforcement authority obtaining publication of notice under
Article 62.03 or 62.04 may bill any unpaid amount under that
article, identified separately, within a bill for a utility service
provided by the political subdivision to the person who is the
subject of the notice, and may suspend service of the utility to a
person who is delinquent in payment of the amount until the
delinquent claim is fully paid to the political subdivision.
[(c) The political subdivision shall remit an amount
collected under this article to the local law enforcement
authority.]
Art. 62.056 [62.045]. ADDITIONAL PUBLIC NOTICE FOR CERTAIN
OFFENDERS. (a) On receipt of notice under this chapter that a
person subject to registration is due to be released from a penal
institution, has been placed on community supervision or juvenile
probation, or intends to move to a new residence in this state, the
department shall verify the person's numeric risk level assigned
under this chapter. If the person is assigned a numeric risk level
of three, the department shall, not later than the seventh day after
the date on which the person is released or the 10th day after the
date on which the person moves, provide written notice mailed or
delivered to at least each [residential] address, other than a post
office box, within a one-mile radius, in an area that has not been
subdivided, or a three-block area, in an area that has been
subdivided, of the place where the person intends to reside. In
providing written notice under this subsection, the department
shall use employees of the department whose duties in providing the
notice are in addition to the employees' regular duties.
(b) The department shall provide the notice in English and
Spanish and shall include in the notice any information that is
public information under this chapter. The department may not
include any information that is not public information under this
chapter.
(c) The department shall establish procedures for a person
with respect to whom notice is provided under Subsection (a), other
than a person subject to registration on the basis of an
adjudication of delinquent conduct, to pay to the department all
costs incurred by the department in providing the notice. The
person shall pay those costs in accordance with the procedures
established under this subsection.
(d) On receipt of notice under this chapter that a person
subject to registration under this chapter is required to register
or verify registration with a local law enforcement authority and
has been assigned a numeric risk level of three, the local law
enforcement authority may provide notice to the public in any
manner determined appropriate by the local law enforcement
authority, including publishing notice in a newspaper or other
periodical or circular in circulation in the area where the person
intends to reside, holding a neighborhood meeting, posting notices
in the area where the person intends to reside, distributing
printed notices to area residents, or establishing a specialized
local website. The local law enforcement authority may include in
the notice only [any] information that is public information under
this chapter.
(e) An owner, builder, seller, or lessor of a single-family
residential real property or any improvement to residential real
property or that person's broker, salesperson, or other agent or
representative in a residential real estate transaction does not
have a duty to make a disclosure to a prospective buyer or lessee
about registrants under this chapter. To the extent of any conflict
between this subsection and another law imposing a duty to disclose
information about registered sex offenders, this subsection
controls.
[Art. 62.0451. ADDITIONAL PUBLIC NOTICE FOR INDIVIDUALS
SUBJECT TO CIVIL COMMITMENT. (a) On receipt of notice under this
chapter that a person subject to registration who is civilly
committed as a sexually violent predator is due to be released from
a penal institution or intends to move to a new residence in this
state, the department shall, not later than the seventh day after
the date on which the person is released or the 10th day after the
date on which the person moves, provide written notice mailed or
delivered to at least each residential address within a one-mile
radius, in an area that has not been subdivided, or a three-block
area, in an area that has been subdivided, of the place where the
person intends to reside.
[(b) The department shall provide the notice in English and
Spanish and shall include in the notice any information that is
public information under this chapter. The department may not
include any information that is not public information under this
chapter.
[(c) The department shall establish procedures for a person
with respect to whom notice is provided under this article to pay to
the department all costs incurred by the department in providing
the notice. The person shall pay those costs in accordance with the
procedures established under this subsection.
[(d) The department's duty to provide notice under this
article in regard to a particular person ends on the date on which a
court releases the person from all requirements of the civil
commitment process.]
Art. 62.057 [62.05]. STATUS REPORT BY SUPERVISING OFFICER
OR LOCAL LAW ENFORCEMENT AUTHORITY [AGENCY]. (a) If the juvenile
probation officer, community supervision and corrections
department officer, or parole 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 supervising 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 supervising officer shall notify the local law
enforcement authorities designated by Article 62.055(b)
[62.04(b)]. Not later than the seventh day after the date the
supervising officer receives the relevant information, the
supervising 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 public or private 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, a person subject to registration under this chapter shall
report to the local law enforcement authority designated as the
person's primary registration authority by the department any
change in the person's name, physical health, or [in the person's]
job or educational status, including higher educational status.
(c) For purposes of Subsection (b):
(1) [this subsection,] a person's job status changes
if the person leaves employment for any reason, remains employed by
an employer but changes the location at which the person works, or
begins employment with a new employer;
(2) [. For purposes of this subsection,] a person's
health status changes if the person is hospitalized as a result of
an illness;
(3) [. For purposes of this subsection,] a change in a
person's educational status includes the person's transfer from one
educational facility to another; and
(4) regarding [. Regarding] a change of name, [the]
notice of the [a] proposed name [change] provided to a local law
enforcement authority as described by Sections 45.004 and 45.103,
Family Code, is sufficient [for purposes of this subsection],
except that the person shall promptly notify the authority of any
denial of the person's petition for a change of name.
(d) Not later than the seventh day after the date the local
law enforcement authority receives the relevant information, the
local law enforcement authority shall notify the department 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 public or private institution
of higher education; or
(2) terminates the person's status in that capacity.
Art. 62.058 [62.06]. LAW ENFORCEMENT VERIFICATION OF
REGISTRATION INFORMATION. (a) A person subject to registration
under this chapter who has for a sexually violent offense 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 primary
registration authority by the department 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
primary registration authority by the department 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. For purposes of this subsection, a person complies
with a requirement that the person register within a 90-day period
following a date if the person registers at any time on or after the
83rd day following that date but before the 98th day after that
date.
(b) A local law enforcement authority designated as a
person's primary 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 authority
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) A local law enforcement authority with whom a person
reports under this article 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 and, if not, provide on the
form 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. 62.061. VERIFICATION OF INDIVIDUALS SUBJECT TO
COMMITMENT. (a) Notwithstanding Article 62.06, if an individual
subject to registration under this chapter is civilly committed as
a sexually violent predator, the person shall report to the local
law enforcement authority designated as the person's primary
registration authority by the department not less than once in each
30-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. For purposes of this
subsection, a person complies with a requirement that the person
register within a 30-day period following a date if the person
registers at any time on or after the 27th day following that date
but before the 33rd day after that date.
[(b) On the date that a court releases a person described by
Subsection (a) from all requirements of the civil commitment
process:
[(1) the person's duty to verify registration as a sex
offender is no longer imposed by this article; and
[(2) the person is required to verify registration as
provided by Article 62.06.]
Art. 62.059 [62.062]. 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 62.051(c) [62.02(b)];
(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.
(c) This article does not impose on a local law enforcement
authority requirements of public notification or notification to
schools relating to a person about whom the authority is not
otherwise required by this chapter to make notifications.
[Art. 62.063. REGISTRATION OF CERTAIN WORKERS OR STUDENTS.
(a) A person is subject to this article and, except as otherwise
provided by this article, to the other articles of this chapter if
the person:
[(1) has a reportable conviction or adjudication;
[(2) resides in another state; and
[(3) is employed, carries on a vocation, or is a
student in this state.
[(b) A person described by Subsection (a) is subject to the
registration and verification requirements of Articles 62.02 and
62.06 and to the change of address requirements of Article 62.04,
except that the registration and verification and the reporting of
a change of address are based on the municipality or county in which
the person works or attends school. The person is subject to the
school notification requirements of Articles 62.03 and 62.04,
except that notice provided to the superintendent and any
administrator is based on the public school district in which the
person works or attends school.
[(c) A person described by Subsection (a) is not subject to
Article 62.12 and the newspaper publication requirements of
Articles 62.03 and 62.04.
[(d) The duty to register for a person described by
Subsection (a) ends when the person no longer works or studies in
this state, provides notice of that fact to the local law
enforcement authority in the municipality or county in which the
person works or attends school, and receives notice of verification
of that fact from the authority. The authority must verify that the
person no longer works or studies in this state and must provide to
the person notice of that verification within a reasonable time.
[(e) Notwithstanding Subsection (a), this article does not
apply to a person who has a reportable conviction or adjudication,
who resides in another state, and who is employed, carries on a
vocation, or is a student in this state if the person establishes
another residence in this state to work or attend school in this
state. However, that person remains subject to the other articles
of this chapter based on that person's residence in this state.
[Art. 62.064. REGISTRATION OF WORKERS OR STUDENTS AT
INSTITUTIONS OF HIGHER EDUCATION. (a) Not later than the seventh
day after the date on which the person begins to work or attend
school, a person required to register under Article 62.061, as
added by Chapters 1193 and 1415, Acts of the 76th Legislature,
Regular Session, 1999, or any other provision of this chapter who is
employed, carries on a vocation, or is a student at a public or
private institution of higher education in this state shall report
that fact to:
[(1) the authority for campus security for that
institution; or
[(2) if an authority for campus security for that
institution does not exist, the local law enforcement authority of:
[(A) the municipality in which the institution is
located; or
[(B) the county in which the institution is
located, if the institution is not located in a municipality.
[(b) A person described by Subsection (a) shall provide the
authority for campus security or the local law enforcement
authority with all information the person is required to provide
under Article 62.02(b).
[(c) A person described by Subsection (a) shall notify the
authority for campus security or the local law enforcement
authority not later than the seventh day after the date of
termination of the person's status as a worker or student at the
institution.
[(d) The authority for campus security or the local law
enforcement authority shall promptly forward to the administrative
office of the institution any information received from the person
under this article and any information received from the department
under Article 62.08.
[(e) Subsection (a)(2) does not require a person to register
at a local law enforcement authority if the person is otherwise
required by this chapter to register at that authority.
[(f) This article does not impose the requirements of public
notification or notification to public or private primary or
secondary schools on:
[(1) an authority for campus security; or
[(2) a local law enforcement authority, if those
requirements relate to a person about whom the authority is not
otherwise required by this chapter to make notifications.
[(g) Notwithstanding Article 62.062, the requirements of
this article supersede those of Article 62.062 for a person
required to register under both this article and Article 62.062.]
Art. 62.060 [62.065]. 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, as applicable, an
original or renewal driver's license under Section 521.272,
Transportation Code, an original or renewal personal
identification certificate under Section 521.103, Transportation
Code, or an original or renewal commercial driver's license or
commercial driver 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
is released by a court on community supervision or juvenile
probation [or community supervision]; or
(2) the department sends written notice to the person
of the requirements of this article.
(b) The person shall annually renew in person each driver's
license or personal identification certificate issued by the
department to the person, including each renewal, duplicate, or
corrected license or certificate, until the person's duty to
register under this chapter expires.
Art. 62.061. 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. 62.062. LIMITATION ON NEWSPAPER PUBLICATION. (a)
Except as provided by Subsection (b), a local law enforcement
authority may not publish notice in a newspaper or other periodical
or circular concerning a person's registration under this chapter
if the only basis on which the person is subject to registration is
one or more adjudications of delinquent conduct.
(b) This article does not apply to a publication of notice
under Article 62.056.
SUBCHAPTER C. EXPIRATION OF DUTY TO REGISTER; GENERAL
PENALTIES FOR NONCOMPLIANCE
Art. 62.101. EXPIRATION OF DUTY TO REGISTER. (a) Except as
provided by Subsection (b) and Subchapter I, the duty to register
for a person ends when the person dies if the person has a
reportable conviction or adjudication, other than an adjudication
of delinquent conduct, for:
(1) a sexually violent offense;
(2) an offense under Section 25.02, 43.05(a)(2), or
43.26, Penal Code;
(3) an offense under Section 21.11(a)(2), Penal Code,
if before or after the person is convicted or adjudicated for the
offense under Section 21.11(a)(2), Penal Code, the person receives
or has received another reportable conviction or adjudication,
other than an adjudication of delinquent conduct, for an offense or
conduct that requires registration under this chapter;
(4) an offense under Section 20.02, 20.03, or 20.04,
Penal Code, if:
(A) the judgment in the case contains an
affirmative finding under Article 42.015 or, for a deferred
adjudication, the papers in the case contain an affirmative finding
that the victim or intended victim was younger than 17 years of age;
and
(B) before or after the person is convicted or
adjudicated for the offense under Section 20.02, 20.03, or 20.04,
Penal Code, the person receives or has received another reportable
conviction or adjudication, other than an adjudication of
delinquent conduct, for an offense or conduct that requires
registration under this chapter; or
(5) an offense under Section 43.23, Penal Code, that
is punishable under Subsection (h) of that section.
(b) Except as provided by Subchapter I, the duty to register
for a person otherwise subject to Subsection (a) ends on the 10th
anniversary of the date on which the person is released from a penal
institution or discharges community supervision or the court
dismisses the criminal proceedings against the person and
discharges the person, whichever date is later, if the person's
duty to register is based on a conviction or an order of deferred
adjudication in a cause that was transferred to a district court or
criminal district court under Section 54.02, Family Code.
(c) Except as provided by Subchapter I, the duty to register
for a person with a reportable conviction or adjudication for an
offense other than an offense described by Subsection (a) ends:
(1) if the person's duty to register is based on an
adjudication of delinquent conduct, on the 10th anniversary of the
date on which the disposition is made or the person completes the
terms of the disposition, whichever date is later; or
(2) if the person's duty to register is based on a
conviction or on an order of deferred adjudication, on the 10th
anniversary of the date on which the court dismisses the criminal
proceedings against the person and discharges the person, the
person is released from a penal institution, or the person
discharges community supervision, whichever date is later.
[Art. 62.07. REMEDIES RELATED TO PUBLIC NOTICE. A person
subject to registration under this chapter may petition the
district court for injunctive relief to restrain a local law
enforcement authority from publishing notice in a newspaper as
required by Article 62.03 or 62.04. The court may issue a temporary
restraining order under this article before notice is served and a
hearing is held on the matter. After a hearing on the matter, the
court may grant any injunctive relief warranted by the facts,
including a restraining order or a temporary or permanent
injunction, if the person subject to registration under this
chapter proves by a preponderance of the evidence specific facts
indicating that newspaper publication under Article 62.03 or 62.04
would place the person's health and well-being in immediate danger.
[Art. 62.08. CENTRAL DATABASE; PUBLIC INFORMATION. (a) The
department shall maintain a computerized central database
containing only the information required for registration under
this chapter.
[(b) The information contained in the database is public
information, with the exception of any information:
[(1) regarding the person's social security number,
driver's license number, or telephone number;
[(2) that is required by the department under Article
62.02(b)(7); or
[(3) that would identify the victim of the offense for
which the person is subject to registration.
[(c) Notwithstanding Chapter 730, Transportation Code, the
department shall maintain in the database, and shall post on any
department website related to the database, any photograph of the
person that is available through the process for obtaining or
renewing a personal identification certificate or driver's license
under Section 521.103 or 521.272, Transportation Code. The
department shall update the photograph in the database and on the
website annually or as the photograph otherwise becomes available
through the renewal process for the certificate or license.
[(d) A local law enforcement authority shall release public
information described under Subsection (b) to any person who
submits to the authority a written request for the information. The
authority may charge the person a fee not to exceed the amount
reasonably necessary to cover the administrative costs associated
with the authority's release of information to the person under
this subsection.
[(e) 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. The
department shall provide the notice required by this subsection as
the applicable licensing information becomes available through the
person's registration or verification of registration.
[(f) 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.
[(g) For the purposes of Subsections (e) and (f):
[(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.
[(h) 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
62.05, the department shall send notice of any person required to
register under this chapter who is or will be employed, carrying on
a vocation, or a student at a public or private institution of
higher education in this state to:
[(1) for an institution in this state:
[(A) the authority for campus security for that
institution; or
[(B) if an authority for campus security for that
institution 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 at that institution.
[(i) On the written request of an institution of higher
education described by Subsection (h) 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.
[Art. 62.085. INFORMATION PROVIDED TO PEACE OFFICER. The
department shall establish a procedure by which a peace officer or
employee of a law enforcement agency who provides the department
with a driver's license, personal identification certificate, or
license plate number is automatically provided information as to
whether the person to whom the driver's license or personal
identification certificate is issued is required to register under
this chapter or whether the license plate number is entered in the
computerized central database under Article 62.08 as assigned to a
vehicle owned or driven by a person required to register under this
chapter.
[Art. 62.09. IMMUNITY FOR RELEASE OF PUBLIC INFORMATION.
(a) The department, a penal institution, a local law enforcement
authority, or an authority for campus security may release to the
public information regarding a person required to register only if
the information is public information under this chapter.
[(b) An individual, agency, entity, or authority is not
liable under Chapter 101, Civil Practice and Remedies Code, or any
other law for damages arising from conduct authorized by Subsection
(a).
[(c) For purposes of determining liability, the release or
withholding of information by an appointed or elected officer of an
agency, entity, or authority is a discretionary act.
[(d) A private primary or secondary school, public or
private institution of higher education, or administrator of a
private primary or secondary school or public or private
institution of higher education may release to the public
information regarding a person required to register only if the
information is public information under this chapter and is
released to the administrator under Article 62.03, 62.04, 62.064,
or 62.08. A private primary or secondary school, public or private
institution of higher education, or administrator of a private
primary or secondary school or public or private institution of
higher education is not liable under any law for damages arising
from conduct authorized by this subsection.
[Art. 62.091. GENERAL IMMUNITY. The following persons are
immune from liability for good faith conduct under this chapter:
[(1) an employee or officer of the Texas Department of
Criminal Justice, the Texas Youth Commission, the Texas Juvenile
Probation Commission, or the Department of Public Safety;
[(2) an employee or officer of a community supervision
and corrections department or a juvenile probation department; and
[(3) a member of the judiciary.]
Art. 62.102 [62.10]. FAILURE TO COMPLY WITH REGISTRATION
REQUIREMENTS. (a) A person commits an offense if the person is
required to register and fails to comply with any requirement of
this chapter.
(b) An offense under this article is:
(1) a state jail felony if the actor is a person whose
duty to register expires under Article 62.101(b) or (c) [62.12(b)];
(2) a felony of the third degree if the actor is a
person whose duty to register expires under Article 62.101(a)
[62.12(a)] and who is required to verify registration once each
year under Article 62.058 [62.06]; and
(3) a felony of the second degree if the actor is a
person whose duty to register expires under Article 62.101(a)
[62.12(a)] and who is required to verify registration once each
90-day period under Article 62.058 [62.06].
(c) If it is shown at the trial of a person for an offense or
an attempt to commit an offense under this article that the person
has previously been convicted of an offense or an attempt to commit
an offense under this article, the punishment for the offense or the
attempt to commit the offense is increased to the punishment for the
next highest degree of felony.
SUBCHAPTER D. PROVISIONS APPLICABLE TO CERTAIN
WORKERS AND STUDENTS
Art. 62.151. DEFINITIONS. For purposes of this subchapter,
a person:
(1) is employed or carries on a vocation if the person
works or volunteers on a full-time or part-time basis for a
consecutive period exceeding 14 days or for an aggregate period
exceeding 30 days in a calendar year;
(2) works regardless of whether the person works for
compensation or for governmental or educational benefit; and
(3) is a student if the person enrolls on a full-time
or part-time basis in any educational facility, including:
(A) a public or private primary or secondary
school, including a high school or alternative learning center; or
(B) a public or private institution of higher
education.
Art. 62.152. REGISTRATION OF CERTAIN WORKERS OR STUDENTS.
(a) A person is subject to this subchapter and, except as otherwise
provided by this article, to the other subchapters of this chapter
if the person:
(1) has a reportable conviction or adjudication;
(2) resides in another state; and
(3) is employed, carries on a vocation, or is a student
in this state.
(b) A person described by Subsection (a) is subject to the
registration and verification requirements of Articles 62.051 and
62.058 and to the change of address requirements of Article 62.055,
except that the registration and verification and the reporting of
a change of address are based on the municipality or county in which
the person works or attends school. The person is subject to the
school notification requirements of Articles 62.053-62.055, except
that notice provided to the superintendent and any administrator is
based on the public school district in which the person works or
attends school.
(c) A person described by Subsection (a) is not subject to
Article 62.101.
(d) The duty to register for a person described by
Subsection (a) ends when the person no longer works or studies in
this state, provides notice of that fact to the local law
enforcement authority in the municipality or county in which the
person works or attends school, and receives notice of verification
of that fact from the authority. The authority must verify that the
person no longer works or studies in this state and must provide to
the person notice of that verification within a reasonable time.
(e) Notwithstanding Subsection (a), this article does not
apply to a person who has a reportable conviction or adjudication,
who resides in another state, and who is employed, carries on a
vocation, or is a student in this state if the person establishes
another residence in this state to work or attend school in this
state. However, that person remains subject to the other articles
of this chapter based on that person's residence in this state.
Art. 62.153. REGISTRATION OF WORKERS OR STUDENTS AT
INSTITUTIONS OF HIGHER EDUCATION. (a) Not later than the later of
the seventh day after the date on which the person begins to work or
attend school or the first date the applicable authority by policy
allows the person to register, a person required to register under
Article 62.152 or any other provision of this chapter who is
employed, carries on a vocation, or is a student at a public or
private institution of higher education in this state shall report
that fact to:
(1) the authority for campus security for that
institution; or
(2) if an authority for campus security for that
institution does not exist, the local law enforcement authority of:
(A) the municipality in which the institution is
located; or
(B) the county in which the institution is
located, if the institution is not located in a municipality.
(b) A person described by Subsection (a) shall provide the
authority for campus security or the local law enforcement
authority with all information the person is required to provide
under Article 62.051(c).
(c) A person described by Subsection (a) shall notify the
authority for campus security or the local law enforcement
authority not later than the seventh day after the date of
termination of the person's status as a worker or student at the
institution.
(d) The authority for campus security or the local law
enforcement authority shall promptly forward to the administrative
office of the institution any information received from the person
under this article and any information received from the department
under Article 62.005.
(e) Subsection (a)(2) does not require a person to register
with a local law enforcement authority if the person is otherwise
required by this chapter to register with that authority.
(f) This article does not impose the requirements of public
notification or notification to public or private primary or
secondary schools on:
(1) an authority for campus security; or
(2) a local law enforcement authority, if those
requirements relate to a person about whom the authority is not
otherwise required by this chapter to make notifications.
(g) Notwithstanding Article 62.059, the requirements of
this article supersede those of Article 62.059 for a person
required to register under both this article and Article 62.059.
SUBCHAPTER E. PROVISIONS APPLICABLE TO PERSONS
SUBJECT TO CIVIL COMMITMENT
Art. 62.201. ADDITIONAL PUBLIC NOTICE FOR INDIVIDUALS
SUBJECT TO CIVIL COMMITMENT. (a) On receipt of notice under this
chapter that a person subject to registration who is civilly
committed as a sexually violent predator is due to be released from
a penal institution or intends to move to a new residence in this
state, the department shall, not later than the seventh day after
the date on which the person is released or the seventh day after
the date on which the person moves, provide written notice mailed or
delivered to at least each address, other than a post office box,
within a one-mile radius, in an area that has not been subdivided,
or a three-block area, in an area that has been subdivided, of the
place where the person intends to reside.
(b) The department shall provide the notice in English and
Spanish and shall include in the notice any information that is
public information under this chapter. The department may not
include any information that is not public information under this
chapter.
(c) The department shall establish procedures for a person
with respect to whom notice is provided under this article to pay to
the department all costs incurred by the department in providing
the notice. The person shall pay those costs in accordance with the
procedures established under this subsection.
(d) The department's duty to provide notice under this
article in regard to a particular person ends on the date on which a
court releases the person from all requirements of the civil
commitment process.
Art. 62.202. VERIFICATION OF INDIVIDUALS SUBJECT TO
COMMITMENT. (a) Notwithstanding Article 62.058, if an individual
subject to registration under this chapter is civilly committed as
a sexually violent predator, the person shall report to the local
law enforcement authority designated as the person's primary
registration authority by the department not less than once in each
30-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. For purposes of this
subsection, a person complies with a requirement that the person
register within a 30-day period following a date if the person
registers at any time on or after the 27th day following that date
but before the 33rd day after that date.
(b) On the date a court releases a person described by
Subsection (a) from all requirements of the civil commitment
process:
(1) the person's duty to verify registration as a sex
offender is no longer imposed by this article; and
(2) the person is required to verify registration as
provided by Article 62.058.
Art. 62.203 [62.101]. FAILURE TO COMPLY: INDIVIDUALS
SUBJECT TO COMMITMENT. (a) A person commits an offense if the
person, after commitment as a sexually violent predator but before
the person is released from all requirements of the civil
commitment process, fails to comply with any requirement of this
chapter.
(b) An offense under this article [section] is a felony of
the second degree.
SUBCHAPTER F. REMOVAL OF REGISTRATION INFORMATION
[Art. 62.11. APPLICABILITY. (a) This chapter applies only
to a reportable conviction or adjudication occurring on or after
September 1, 1970, except that the provisions of Articles 62.03 and
62.04 of this chapter relating to the requirement of newspaper
publication apply only to a reportable conviction or adjudication
occurring on or after:
[(1) September 1, 1997, if the conviction or
adjudication relates to an offense under Section 43.05, Penal Code;
or
[(2) September 1, 1995, if the conviction or
adjudication relates to any other offense listed in Article
62.01(5).
[(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:
[(1) an appeal of the conviction or adjudication; or
[(2) a pardon 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 on
the basis of a conviction or adjudication receives a pardon on the
basis of subsequent proof of innocence, 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. 62.12. EXPIRATION OF DUTY TO REGISTER. (a) The duty
to register for a person ends when the person dies if the person has
a reportable conviction or adjudication, other than an adjudication
of delinquent conduct, for:
[(1) a sexually violent offense;
[(2) an offense under Section 25.02, 43.05(a)(2), or
43.26, Penal Code;
[(3) an offense under Section 21.11(a)(2), Penal Code,
if before or after the person is convicted or adjudicated for the
offense under Section 21.11(a)(2), Penal Code, the person receives
or has received another reportable conviction or adjudication,
other than an adjudication of delinquent conduct, for an offense or
conduct that requires registration under this chapter; or
[(4) an offense under Section 20.02, 20.03, or 20.04,
Penal Code, or an attempt, conspiracy, or solicitation to commit
one of those offenses, if:
[(A) the judgment in the case contains an
affirmative finding under Article 42.015 or, for a deferred
adjudication, the papers in the case contain an affirmative finding
that the victim or intended victim was younger than 17 years of age;
and
[(B) before or after the person is convicted or
adjudicated for the offense under Section 20.02, 20.03, or 20.04,
Penal Code, the person receives or has received another reportable
conviction or adjudication, other than an adjudication of
delinquent conduct, for an offense or conduct that requires
registration under this chapter.
[(b) The duty to register for a person with a reportable
conviction or adjudication for an offense other than an offense
described by Subsection (a) ends:
[(1) if the person's duty to register is based on an
adjudication of delinquent conduct, on the 10th anniversary of the
date on which the disposition is made or the person completes the
terms of the disposition, whichever date is later; or
[(2) if the person's duty to register is based on a
conviction or on an order of deferred adjudication, on the 10th
anniversary of the date on which the court dismisses the criminal
proceedings against the person and discharges the person, the
person is released from county jail, or the person discharges
community supervision, whichever date is later.
[Art. 62.13. HEARING TO DETERMINE NEED FOR REGISTRATION OF
A JUVENILE. (a) A person who has an adjudication of delinquent
conduct that would otherwise be reportable under Article 62.01(5)
does not have a reportable adjudication of delinquent conduct for
purposes of this chapter if the juvenile court enters an order under
this article excusing compliance by the person with the
registration requirements of this chapter.
[(b) During or after disposition of a case under Section
54.04, Family Code, for adjudication of an offense for which
registration is required under this chapter, the juvenile court on
motion of the respondent shall conduct a hearing to determine
whether the interests of the public require registration under this
chapter. The motion may be filed and the hearing held regardless of
whether the respondent is under 18 years of age.
[(c) The hearing is without a jury and the burden of
persuasion is on the respondent to show by a preponderance of
evidence that the criteria of Subsection (e) have been met. The
court at the hearing may make its determination based on:
[(1) the receipt of exhibits;
[(2) the testimony of witnesses;
[(3) representations of counsel for the parties; or
[(4) the contents of a social history report prepared
by the juvenile probation department that may include the results
of testing and examination of the respondent by a psychologist,
psychiatrist, or counselor.
[(d) All written matter considered by the court shall be
disclosed to all parties as provided by Section 54.04(b), Family
Code.
[(e) The court shall enter an order excusing compliance with
the registration requirements of this chapter if the court
determines:
[(1) that the protection of the public would not be
increased by registration of the respondent under this chapter; or
[(2) that any potential increase in protection of the
public resulting from registration is clearly outweighed by the
anticipated substantial harm to the respondent and the respondent's
family that would result from registration under this chapter.
[(f) The prosecuting attorney may waive the state's right to
a hearing under this article and agree that registration under this
chapter is not required. If the waiver is entered under a plea
agreement, the court shall without a hearing enter an order
excusing compliance with the registration requirements of this
chapter or, under Section 54.03(j), Family Code, inform the
respondent that the court believes a hearing under this article is
required and give the respondent the opportunity to withdraw the
respondent's plea of guilty, nolo contendere, or true or to affirm
the respondent's plea and participate in the hearing. If the waiver
is entered other than under a plea agreement, the court shall
without a hearing enter an order excusing compliance with the
registration requirements of this chapter. The waiver must state
whether or not it is entered under a plea agreement. The respondent
may as part of a plea agreement promise not to file a motion seeking
an order excusing registration, in which case the court may not
recognize the motion.
[(g) Notwithstanding Section 56.01, Family Code, on entry
by a juvenile court of an order under Subsection (e) excusing
registration under this chapter, the prosecuting attorney may
appeal that order by giving notice of appeal within the time
required under Rule 26.2(b), Texas Rules of Appellate Procedure.
The appeal is civil and the standard of review in the appellate
court is whether the juvenile court committed procedural error or
abused its discretion in excusing compliance with registration.
The appeal is limited to review of the order excusing compliance
with registration and may not include any other issues in the case.
[(h) The respondent may under Section 56.01, Family Code,
appeal the juvenile court's order requiring registration in the
same manner as the appeal of any other legal issue in the case. The
standard of review in the appellate court is whether the juvenile
court committed procedural error or abused its discretion in not
excusing compliance with registration.
[(i) If the juvenile court enters an order excusing
registration, the respondent may not be required to register in
this or any other state for the offense for which registration was
excused.
[(j) After a hearing under Subsection (b) or under a plea
agreement under Subsection (f), the juvenile court may enter an
order deferring decision on requiring registration until the
respondent has completed treatment for the respondent's sexual
offense as a condition of probation or while committed to the Texas
Youth Commission. The court retains discretion to require or to
excuse registration at any time during the treatment or on its
successful or unsuccessful completion. During the period of
deferral, registration may not be required. Following successful
completion of treatment, registration is excused unless a hearing
under this article is held on motion of the state and the court
determines the interests of the public require registration. Not
later than the 10th day after the date of the respondent's
successful completion of treatment, the treatment provider shall
notify the juvenile court and prosecuting attorney of the
completion.
[(k) After a hearing under Subsection (b) or under a plea
agreement under Subsection (f), the juvenile court may enter an
order requiring the respondent to register as a sex offender but
provide that the registration information is not public information
and is restricted to use by law enforcement and criminal justice
agencies and public or private institutions of higher education.
Information obtained under this subsection may not be posted on the
Internet or released to the public.
[(l) A person who has registered as a sex offender for an
adjudication of delinquent conduct, regardless of when the
delinquent conduct or the adjudication for the conduct occurred,
may file a motion in the adjudicating juvenile court for a hearing
seeking excusal from registration as provided by Subsection (e) or
seeking under Subsection (k) an order that the registration become
nonpublic.
[(m) The person may file a motion under Subsection (l) in
the original juvenile case regardless of whether the person is at
the time of filing 18 years of age or older. Notice of the motion
shall be provided to the prosecuting attorney. A hearing on the
motion shall be provided as in other cases under this article.
[(n) Only one motion may be filed under Subsection (l) if a
previous motion under this article has been filed concerning that
case.
[(o) To the extent feasible, the motion under Subsection (l)
shall identify those public and private agencies and organizations,
including public or private institutions of higher education, that
possess sex offender registration information about the case.
[(p) The juvenile court, after a hearing, may:
[(1) deny the motion;
[(2) grant the motion to excuse all registration; or
[(3) grant the motion to change the registration from
public to nonpublic.
[(q) If the court grants the motion, the clerk of the court
shall by certified mail, return receipt requested, send a copy of
the order to the department, to each local law enforcement
authority that the person has proved to the juvenile court has
registration information about the person, and to each public or
private agency or organization that the person has proved to the
juvenile court has information about the person that is currently
available to the public with or without payment of a fee. The clerk
of the court shall by certified mail, return receipt requested,
send a copy of the order to any other agency or organization
designated by the person. The person shall identify the agency or
organization and its address and pay a fee of $20 to the court for
each agency or organization the person designates.
[(q) If the court grants the motion, a copy of the court's
order shall be sent to:
[(1) each public or private agency or organization
that the court determines may be in possession of sex offender
registration information pertaining to the person required to
register under this chapter; and
[(2) at the request of the person required to register
under this chapter, each public or private agency or organization
that at any time following the initial dissemination of the order
under Subdivision (1) gains possession of sex offender registration
information pertaining to that person, if the agency or
organization did not otherwise receive a copy of the order under
Subdivision (1).
[(q-1) An order under Subsection (q) shall require the
recipient to conform its records to the court's orders either by
deleting the sex offender registration information or changing its
status to nonpublic, as the order requires. A public or private
institution of higher education may not be required to delete the
sex offender registration information under this subsection.
[(r) A private agency or organization that possesses sex
offender registration information it obtained from a state, county,
or local governmental entity is required to conform its records to
the court's order on or before the 30th day after the date of its
entry. Failure to comply in that period automatically bars an
agency or organization, other than a public or private institution
of higher education, from obtaining sex offender registration
information from any state, county, or local governmental entity in
this state in the future.
[(s) A person required to register as a sex offender in this
state because of an out-of-state adjudication of delinquent conduct
may file in the juvenile court of the person's county of residence a
petition under Subsection (a) for an order to excuse compliance
with this chapter. If the person is already registered as a sex
offender in this state because of an out-of-state adjudication of
delinquent conduct, the person may file in the juvenile court of the
person's county of residence a petition under Subsection (l) for an
order removing the person from sex offender registries in this
state. On receipt of a petition to excuse compliance or for
removal, the juvenile court shall conduct a hearing and make
rulings as in other cases under this article. An order entered under
this subsection requiring removal of registration information
applies only to registration information derived from registration
in this state.]
Art. 62.251 [62.14]. REMOVING [JUVENILE] REGISTRATION
INFORMATION WHEN DUTY TO REGISTER EXPIRES. (a) When a person is no
longer required to register as a sex offender under this chapter
[for an adjudication of delinquent conduct], the department shall
remove all information about the person from the sex offender
registry.
(b) The duty to remove information under Subsection (a)
arises if:
(1) the department has received notice from a local
law enforcement authority under Subsection (c) or (d) that the
person is no longer required to register or will no longer be
required to renew registration and the department verifies the
correctness of that information;
(2) the [juvenile] court having jurisdiction over
[that adjudicated] the case for which registration is required
requests removal and the department determines that the duty to
register has expired; or
(3) the person or the person's representative requests
removal and the department determines that the duty to register has
expired.
(c) When a person required to register under this chapter
[for an adjudication of delinquent conduct] appears before a local
law enforcement authority to renew or modify registration
information, the authority shall determine whether the duty to
register has expired. If the authority determines that the duty to
register has expired, the authority shall remove all information
about the person from the sex offender registry and notify the
department that the person's duty to register has expired.
(d) When a person required to register under this chapter
[for an adjudication of delinquent conduct] appears before a local
law enforcement authority to renew registration information, the
authority shall determine whether the renewal is the final annual
renewal of registration required by law. If the authority
determines that the person's duty to register will expire before
the next annual renewal is scheduled, the authority shall
automatically remove all information about the person from the sex
offender registry on expiration of the duty to register and notify
the department that the information about the person has been
removed from the registry.
(e) 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.
(f) When the department has removed information under
Subsection (a), the department shall notify all public and private
agencies or organizations to which it has provided registration
information about the person of the removal. On receiving notice,
the public or private agency or organization shall remove all
registration information about the person from any registry the
agency or organization maintains that is accessible to the public
with or without charge.
SUBCHAPTER G. EXEMPTION FROM REGISTRATION FOR
CERTAIN YOUNG ADULT SEX OFFENDERS
Art. 62.301. EXEMPTION FROM REGISTRATION FOR CERTAIN YOUNG
ADULT SEX OFFENDERS. (a) If eligible under Subsection (b) or (c),
a person required to register under this chapter may petition the
court having jurisdiction over the case for an order exempting the
person from registration under this chapter at any time after the
person's sentencing or after the person is placed on deferred
adjudication community supervision.
(b) A person is eligible to petition the court as described
by Subsection (a) if:
(1) the person is required to register only as a result
of a single reportable conviction or adjudication, other than an
adjudication of delinquent conduct; and
(2) the court has entered in the appropriate judgment
or has filed with the appropriate papers a statement of an
affirmative finding described by Article 42.017 or Section 5(g),
Article 42.12.
(c) A defendant who before September 1, 2001, is convicted
of or placed on deferred adjudication community supervision for an
offense under Section 21.11, 22.011, 22.021, or 43.25, Penal Code,
is eligible to petition the court as described by Subsection (a).
The court may consider the petition only if the petition states and
the court finds that the defendant would have been entitled to the
entry of an affirmative finding under Article 42.017 or Section
5(g), Article 42.12, as appropriate, had the conviction or
placement on deferred adjudication community supervision occurred
after September 1, 2001.
(d) After a hearing on the petition described by Subsection
(a), the court may issue an order exempting the person from
registration under this chapter if it appears by a preponderance of
the evidence:
(1) as presented by a registered sex offender
treatment provider, that the exemption does not threaten public
safety; and
(2) that the person's conduct did not occur without the
consent of the victim or intended victim as described by Section
22.011(b), Penal Code.
(e) An order exempting the person from registration under
this chapter does not expire, but the court shall withdraw the order
if after the order is issued the person receives a reportable
conviction or adjudication under this chapter.
SUBCHAPTER H. EXEMPTIONS FROM REGISTRATION FOR CERTAIN JUVENILES
Art. 62.351. MOTION AND HEARING GENERALLY. (a) During or
after disposition of a case under Section 54.04, Family Code, for
adjudication of an offense for which registration is required under
this chapter, the juvenile court on motion of the respondent shall
conduct a hearing to determine whether the interests of the public
require registration under this chapter. The motion may be filed
and the hearing held regardless of whether the respondent is under
18 years of age. Notice of the motion and hearing shall be provided
to the prosecuting attorney.
(b) The hearing is without a jury and the burden of
persuasion is on the respondent to show by a preponderance of
evidence that the criteria of Article 62.352(a) have been met. The
court at the hearing may make its determination based on:
(1) the receipt of exhibits;
(2) the testimony of witnesses;
(3) representations of counsel for the parties; or
(4) the contents of a social history report prepared
by the juvenile probation department that may include the results
of testing and examination of the respondent by a psychologist,
psychiatrist, or counselor.
(c) All written matter considered by the court shall be
disclosed to all parties as provided by Section 54.04(b), Family
Code.
(d) If a respondent, as part of a plea agreement, promises
not to file a motion seeking an order exempting the respondent from
registration under this chapter, the court may not recognize a
motion filed by a respondent under this article.
Art. 62.352. ORDER GENERALLY. (a) The court shall enter an
order exempting a respondent from registration under this chapter
if the court determines:
(1) that the protection of the public would not be
increased by registration of the respondent under this chapter; or
(2) that any potential increase in protection of the
public resulting from registration of the respondent is clearly
outweighed by the anticipated substantial harm to the respondent
and the respondent's family that would result from registration
under this chapter.
(b) After a hearing under Article 62.351 or under a plea
agreement described by Article 62.355(b), the juvenile court may
enter an order:
(1) deferring decision on requiring registration
under this chapter until the respondent has completed treatment for
the respondent's sexual offense as a condition of probation or
while committed to the Texas Youth Commission; or
(2) requiring the respondent to register as a sex
offender but providing that the registration information is not
public information and is restricted to use by law enforcement and
criminal justice agencies, the Council on Sex Offender Treatment,
and public or private institutions of higher education.
(c) If the court enters an order described by Subsection
(b)(1), the court retains discretion and jurisdiction to require,
or exempt the respondent from, registration under this chapter at
any time during the treatment or on the successful or unsuccessful
completion of treatment, except that during the period of deferral,
registration may not be required. Following successful completion
of treatment, the respondent is exempted from registration under
this chapter unless a hearing under this subchapter is held on
motion of the state, regardless of whether the respondent is 18
years of age or older, and the court determines the interests of the
public require registration. Not later than the 10th day after the
date of the respondent's successful completion of treatment, the
treatment provider shall notify the juvenile court and prosecuting
attorney of the completion.
(d) Information that is the subject of an order described by
Subsection (b)(2) may not be posted on the Internet or released to
the public.
Art. 62.353. MOTION, HEARING, AND ORDER CONCERNING PERSON
ALREADY REGISTERED. (a) A person who has registered as a sex
offender for an adjudication of delinquent conduct, regardless of
when the delinquent conduct or the adjudication for the conduct
occurred, may file a motion in the adjudicating juvenile court for a
hearing seeking:
(1) exemption from registration under this chapter as
provided by Article 62.351; or
(2) an order under Article 62.352(b)(2) that the
registration become nonpublic.
(b) The person may file a motion under Subsection (a) in the
original juvenile case regardless of whether the person, at the
time of filing the motion, is 18 years of age or older. Notice of
the motion shall be provided to the prosecuting attorney. A hearing
on the motion shall be provided as in other cases under this
subchapter.
(c) Only one subsequent motion may be filed under Subsection
(a) if a previous motion under this article has been filed
concerning the case.
(d) To the extent feasible, the motion under Subsection (a)
shall identify those public and private agencies and organizations,
including public or private institutions of higher education, that
possess sex offender registration information about the case.
(e) The juvenile court, after a hearing, may:
(1) deny a motion filed under Subsection (a);
(2) grant a motion described by Subsection (a)(1); or
(3) grant a motion described by Subsection (a)(2).
(f) If the court grants a motion filed under Subsection (a),
the clerk of the court shall by certified mail, return receipt
requested, send a copy of the order to the department, to each local
law enforcement authority that the person has proved to the
juvenile court has registration information about the person, and
to each public or private agency or organization that the person has
proved to the juvenile court has information about the person that
is currently available to the public with or without payment of a
fee. The clerk of the court shall by certified mail, return receipt
requested, send a copy of the order to any other agency or
organization designated by the person. The person shall identify
the agency or organization and its address and pay a fee of $20 to
the court for each agency or organization the person designates.
(g) In addition to disseminating the order under Subsection
(f), at the request of the person, the clerk of the court shall by
certified mail, return receipt requested, send a copy of the order
to each public or private agency or organization that at any time
following the initial dissemination of the order under Subsection
(f) gains possession of sex offender registration information
pertaining to that person, if the agency or organization did not
otherwise receive a copy of the order under Subsection (f).
(h) An order under Subsection (f) must require the recipient
to conform its records to the court's order either by deleting the
sex offender registration information or changing its status to
nonpublic, as applicable. A public or private institution of
higher education may not be required to delete the sex offender
registration information under this subsection.
(i) A private agency or organization that possesses sex
offender registration information the agency or organization
obtained from a state, county, or local governmental entity is
required to conform the agency's or organization's records to the
court's order on or before the 30th day after the date of the entry
of the order. Unless the agency or organization is a public or
private institution of higher education, failure to comply in that
period automatically bars the agency or organization from obtaining
sex offender registration information from any state, county, or
local governmental entity in this state in the future.
Art. 62.354. MOTION, HEARING, AND ORDER CONCERNING PERSON
REQUIRED TO REGISTER BECAUSE OF OUT-OF-STATE ADJUDICATION. (a) A
person required to register as a sex offender in this state because
of an out-of-state adjudication of delinquent conduct may file in
the juvenile court of the person's county of residence a petition
under Article 62.351 for an order exempting the person from
registration under this chapter.
(b) If the person is already registered as a sex offender in
this state because of an out-of-state adjudication of delinquent
conduct, the person may file in the juvenile court of the person's
county of residence a petition under Article 62.353 for an order
removing the person from sex offender registries in this state.
(c) On receipt of a petition under this article, the
juvenile court shall conduct a hearing and make rulings as in other
cases under this subchapter.
(d) An order entered under this article requiring removal of
registration information applies only to registration information
derived from registration in this state.
Art. 62.355. WAIVER OF HEARING. (a) The prosecuting
attorney may waive the state's right to a hearing under this
subchapter and agree that registration under this chapter is not
required. A waiver under this subsection must state whether the
waiver is entered under a plea agreement.
(b) If the waiver is entered under a plea agreement, the
court, without a hearing, shall:
(1) enter an order exempting the respondent from
registration under this chapter; or
(2) under Section 54.03(j), Family Code, inform the
respondent that the court believes a hearing under this article is
required and give the respondent the opportunity to:
(A) withdraw the respondent's plea of guilty,
nolo contendere, or true; or
(B) affirm the respondent's plea and participate
in the hearing.
(c) If the waiver is entered other than under a plea
agreement, the court, without a hearing, shall enter an order
exempting the respondent from registration under this chapter.
Art. 62.356. EFFECT OF CERTAIN ORDERS. (a) A person who
has an adjudication of delinquent conduct that would otherwise be
reportable under Article 62.001(5) does not have a reportable
adjudication of delinquent conduct for purposes of this chapter if
the juvenile court enters an order under this subchapter exempting
the person from the registration requirements of this chapter.
(b) If the juvenile court enters an order exempting a person
from registration under this chapter, the respondent may not be
required to register in this or any other state for the offense for
which registration was exempted.
Art. 62.357. APPEAL OF CERTAIN ORDERS. (a)
Notwithstanding Section 56.01, Family Code, on entry by a juvenile
court of an order under Article 62.352(a) exempting a respondent
from registration under this chapter, the prosecuting attorney may
appeal that order by giving notice of appeal within the time
required under Rule 26.2(b), Texas Rules of Appellate Procedure.
The appeal is civil and the standard of review in the appellate
court is whether the juvenile court committed procedural error or
abused its discretion in exempting the respondent from registration
under this chapter. The appeal is limited to review of the order
exempting the respondent from registration under this chapter and
may not include any other issues in the case.
(b) A respondent may under Section 56.01, Family Code,
appeal a juvenile court's order under Article 62.352(a) requiring
registration in the same manner as the appeal of any other legal
issue in the case. The standard of review in the appellate court is
whether the juvenile court committed procedural error or abused its
discretion in requiring registration.
SUBCHAPTER I. EARLY TERMINATION OF CERTAIN PERSONS'
OBLIGATION TO REGISTER
Art. 62.401. DEFINITION. In this subchapter, "council"
means the Council on Sex Offender Treatment.
Art. 62.402. DETERMINATION OF MINIMUM REQUIRED
REGISTRATION PERIOD. (a) The council by rule shall determine the
minimum required registration period under 42 U.S.C. Section 14071
(Jacob Wetterling Crimes Against Children and Sexually Violent
Offender Registration Program) for each reportable conviction or
adjudication under this chapter, if this state is to receive the
maximum amount of federal money available to a state as described by
that law.
(b) After determining the minimum required registration
period for each reportable conviction or adjudication under
Subsection (a), the council shall compile and publish a list of
reportable convictions or adjudications for which a person must
register under this chapter for a period that exceeds the minimum
required registration period under federal law.
(c) To the extent possible, the council shall periodically
verify with the Bureau of Justice Assistance or another appropriate
federal agency the accuracy of the list of reportable convictions
or adjudications described by Subsection (b).
Art. 62.403. INDIVIDUAL RISK ASSESSMENT. (a) The council
by rule shall establish, develop, or adopt an individual risk
assessment tool or a group of individual risk assessment tools
that:
(1) evaluates the criminal history of a person
required to register under this chapter; and
(2) seeks to predict:
(A) the likelihood that the person will engage in
criminal activity that may result in the person receiving a second
or subsequent reportable adjudication or conviction; and
(B) the continuing danger, if any, that the
person poses to the community.
(b) On the written request of a person with a single
reportable adjudication or conviction that appears on the list
published under Article 62.402(b), the council shall:
(1) evaluate the person using the individual risk
assessment tool or group of individual risk assessment tools
established, developed, or adopted under Subsection (a); and
(2) provide to the person a written report detailing
the outcome of an evaluation conducted under Subdivision (1).
(c) An individual risk assessment provided to a person under
this subchapter is confidential and is not subject to disclosure
under Chapter 552, Government Code.
Art. 62.404. MOTION FOR EARLY TERMINATION. (a) A person
required to register under this chapter who has requested and
received an individual risk assessment under Article 62.403 may
file with the trial court that sentenced the person for the
reportable conviction or adjudication a motion for early
termination of the person's obligation to register under this
chapter.
(b) A motion filed under this article must be accompanied
by:
(1) a written explanation of how the reportable
conviction or adjudication giving rise to the movant's registration
under this chapter qualifies as a reportable conviction or
adjudication that appears on the list published under Article
62.402(b); and
(2) a certified copy of a written report detailing the
outcome of an individual risk assessment evaluation conducted under
Article 62.403(b)(1).
Art. 62.405. HEARING ON PETITION. (a) After reviewing a
motion filed with the court under Article 62.404, the court may:
(1) deny without a hearing the movant's request for
early termination; or
(2) hold a hearing on the motion to determine whether
to grant or deny the motion.
(b) The court may not grant a motion filed under Article
62.404 if:
(1) the motion is not accompanied by the documents
required under Article 62.404(b); or
(2) the court determines that the reportable
conviction or adjudication for which the movant is required to
register under this chapter is not a reportable conviction or
adjudication for which the movant is required to register for a
period that exceeds the minimum required registration period under
federal law.
Art. 62.406. COSTS OF INDIVIDUAL RISK ASSESSMENT AND OF
COURT. A person required to register under this chapter who files a
motion for early termination of the person's registration
obligation under this chapter is responsible for and shall remit to
the council and to the court, as applicable, all costs associated
with and incurred by the council in providing the individual risk
assessment or by the court in holding a hearing under this
subchapter.
Art. 62.407. EFFECT OF ORDER GRANTING EARLY TERMINATION.
(a) If, after notice to the person and to the prosecuting attorney
and a hearing, the court grants a motion filed under Article 62.404
for the early termination of a person's obligation to register
under this chapter, notwithstanding Article 62.101, the person's
obligation to register under this chapter ends on the later of:
(1) the date the court enters the order of early
termination; or
(2) the date the person has paid each cost described by
Section 62.406.
(b) If the court grants a motion filed under Article 62.404
for the early termination of a person's obligation to register
under this chapter, all conditions of the person's parole, release
to mandatory supervision, or community supervision shall be
modified in accordance with the court's order.
Art. 62.408. NONAPPLICABILITY. This subchapter does not
apply to a person without a reportable conviction or adjudication
who is required to register as a condition of parole, release to
mandatory supervision, or community supervision.
SECTION 1.02. Chapter 13, Code of Criminal Procedure, is
amended by adding Article 13.30 to read as follows:
Art. 13.30. FAILURE TO COMPLY WITH SEX OFFENDER
REGISTRATION STATUTE. An offense under Chapter 62 may be
prosecuted in:
(1) any county in which an element of the offense
occurs;
(2) the county in which the person subject to Chapter
62 last registered, verified registration, or otherwise complied
with a requirement of Chapter 62;
(3) the county in which the person required to
register under Chapter 62 has indicated that the person intends to
reside; or
(4) any county in which the person required to
register under Chapter 62 is placed under custodial arrest for an
offense subsequent to the person's most recent reportable
conviction or adjudication under Chapter 62.
SECTION 1.03. Article 26.13(h), Code of Criminal Procedure,
is amended to read as follows:
(h) The court must substantially comply with Subsection
(a)(5). The failure of the court to comply with Subsection (a)(5)
is not a ground for the defendant to set aside the conviction,
sentence, or plea. [Before accepting a plea of guilty or nolo
contendere from a defendant described by Subsection (a)(5), the
court shall ascertain whether the attorney representing the
defendant has advised the defendant regarding registration
requirements under Chapter 62.]
SECTION 1.04. Article 44.01, Code of Criminal Procedure, is
amended by adding Subsection (l) to read as follows:
(l) The state is entitled to appeal an order entered under:
(1) Subchapter G or H, Chapter 62, that exempts a
person from complying with the requirements of Chapter 62; and
(2) Subchapter I, Chapter 62, that terminates a
person's obligation to register under Chapter 62.
SECTION 1.05. Subchapter G, Chapter 411, Government Code,
is amended by adding Section 411.1473 to read as follows:
Sec. 411.1473. DNA RECORDS OF CERTAIN REGISTERED SEX
OFFENDERS. (a) This section applies only to a person who is
required to register under Chapter 62, 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, 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.
(c) A law enforcement agency taking a specimen under this
section may either send the specimen to the director or send to the
director an analysis of the specimen performed by a laboratory
chosen by the agency and approved by the director.
(d) A law enforcement agency is not required to take and a
person is not required to provide a specimen under this section if
the person is required to and has provided a specimen under this
chapter or other law.
SECTION 1.06. Section 508.186, Government Code, is amended
to read as follows:
Sec. 508.186. SEX OFFENDER REGISTRATION. [(a)] A parole
panel shall require as a condition of parole or mandatory
supervision that a releasee required to register as a sex offender
under Chapter 62, Code of Criminal Procedure:
(1) register under that chapter; and
(2) [pay to the releasee's supervising officer an
amount equal to the cost, as evidenced by written receipt, incurred
by the applicable local law enforcement authority for providing
notice for publication to a newspaper as required by that chapter;
and
[(3)] submit a blood sample or other specimen to the
Department of Public Safety under Subchapter G, Chapter 411, for
the purpose of creating a DNA record of the releasee, unless the
releasee has already submitted the required specimen under other
state law.
[(a-1) A political subdivision served by the local law
enforcement authority may bill any unpaid amount under Subsection
(a)(2), identified separately, within a bill for a utility service
provided by the political subdivision to the releasee and may
suspend service of the utility to a releasee who is delinquent in
payment of the amount until the delinquent claim is fully paid to
the political subdivision. In this subsection, "utility service"
means water, wastewater, sewer, gas, garbage, electricity, or
drainage service.
[(b) The division or political subdivision, as applicable,
shall remit an amount collected under this section to the
applicable local law enforcement authority.
[(c) In a parole or mandatory supervision revocation
hearing under Section 508.281 at which it is alleged only that the
releasee failed to make a payment under this section, it is an
affirmative defense to revocation that the releasee is unable to
pay the amount as ordered by a parole panel. The releasee must
prove the affirmative defense by a preponderance of the evidence.]
ARTICLE 2. CONFORMING AMENDMENTS
SECTION 2.01. Article 42.016, Code of Criminal Procedure,
is amended to read as follows:
Art. 42.016. SPECIAL DRIVER'S LICENSE OR IDENTIFICATION
REQUIREMENTS FOR CERTAIN SEX OFFENDERS. If a person is convicted
of, receives a grant of deferred adjudication for, or is
adjudicated as having engaged in delinquent conduct based on a
violation of an offense for which a conviction or adjudication
requires registration as a sex offender under Chapter 62, [as added
by Chapter 668, Acts of the 75th Legislature, Regular Session,
1997,] the court shall:
(1) issue an order requiring the Texas Department of
Public Safety to include in any driver's license record or personal
identification certificate record maintained by the department for
the person an indication that the person is subject to the
registration requirements of Chapter 62[, as added by Chapter 668,
Acts of the 75th Legislature, Regular Session, 1997];
(2) require the person to apply to the Texas
Department of Public Safety in person for an original or renewal
driver's license or personal identification certificate not later
than the 30th day after the date the person is released or the date
the department sends written notice to the person of the
requirements of Article 62.060 [62.065], as applicable, and to
annually renew the license or certificate;
(3) notify the person of the consequence of the
conviction or order of deferred adjudication as it relates to the
order issued under this article; and
(4) send to the Texas Department of Public Safety a
copy of the record of conviction, a copy of the order granting
deferred adjudication, or a copy of the juvenile adjudication, as
applicable, and a copy of the order issued under this article.
SECTION 2.02. Section 2(b), Article 42.22, Code of Criminal
Procedure, is amended to read as follows:
(b) The state also has a restitution lien to secure the:
(1) amount of fines or costs entered against a
defendant in the judgment in a felony criminal case;
(2) amount of reimbursement for costs of:
(A) confinement ordered under Article 42.038; or
(B) notice provided under Article 62.056 [62.03]
or 62.201[62.04]; and
(3) amount of damages incurred by the state as a result
of the commission of an offense under Section 38.04, Penal Code, in
which the defendant used a motor vehicle while the defendant was in
flight.
SECTION 2.03. Article 60.051(f), Code of Criminal
Procedure, is amended to read as follows:
(f) The department shall maintain in the computerized
criminal history system any information the department maintains in
the central database under Article 62.005 [62.08].
SECTION 2.04. Section 12.120(a), Education Code, is amended
to read as follows:
(a) A person may not serve as a member of the governing body
of a charter holder, as a member of the governing body of an
open-enrollment charter school, or as an officer or employee of an
open-enrollment charter school if the person:
(1) has been convicted of a felony or a misdemeanor
involving moral turpitude;
(2) has been convicted of an offense listed in Section
37.007(a);
(3) has been convicted of an offense listed in Article
62.001(5) [62.01(5)], Code of Criminal Procedure; or
(4) has a substantial interest in a management
company.
SECTION 2.05. Section 45.004(c), Family Code, is amended to
read as follows:
(c) In this section, "local law enforcement authority" has
the meaning assigned by Article 62.001 [62.01], Code of Criminal
Procedure.
SECTION 2.06. Section 45.103(c), Family Code, is amended to
read as follows:
(c) A court may order a change of name under this subchapter
for a person subject to the registration requirements of Chapter
62, Code of Criminal Procedure, if, in addition to the requirements
of Subsection (a), the person provides the court with proof that the
person has notified the appropriate local law enforcement authority
of the proposed name change. In this subsection, "local law
enforcement authority" has the meaning assigned by Article 62.001
[62.01], Code of Criminal Procedure.
SECTION 2.07. Sections 54.051(g) and (h), Family Code, are
amended to read as follows:
(g) If the juvenile court places the child on probation for
an offense for which registration as a sex offender is required by
Chapter 62, Code of Criminal Procedure, and defers the registration
requirement until completion of treatment for the sex offense under
Subchapter H, Chapter 62 [Article 62.13], Code of Criminal
Procedure, the authority under that article to reexamine the need
for registration on completion of treatment is transferred to the
court to which probation is transferred.
(h) If the juvenile court places the child on probation for
an offense for which registration as a sex offender is required by
Chapter 62, Code of Criminal Procedure, and the child registers,
the authority of the court to excuse further compliance with the
registration requirement under Subchapter H, Chapter 62 [Articles
62.13(l)-(r)], Code of Criminal Procedure, is transferred to the
court to which probation is transferred.
SECTION 2.08. Section 411.0091(b), Government Code, is
amended to read as follows:
(b) The sex offender compliance unit shall investigate and
arrest individuals determined to have committed a sexually violent
offense, as defined by Article 62.001 [62.01], Code of Criminal
Procedure.
SECTION 2.09. Section 411.088(b), Government Code, is
amended to read as follows:
(b) The department may not charge for processing an
electronic inquiry for information described as public information
under Article 62.005 [62.08], Code of Criminal Procedure, made
through the use of the Internet.
SECTION 2.10. Section 109.001(2), Occupations Code, is
amended to read as follows:
(2) "Local law enforcement authority" has the meaning
assigned by Article 62.001 [62.01], Code of Criminal Procedure.
SECTION 2.11. Section 38.111(a), Penal Code, is amended to
read as follows:
(a) A person commits an offense if the person, while
confined in a correctional facility after being charged with or
convicted of an offense listed in Article 62.001(5) [62.01(5)],
Code of Criminal Procedure, contacts by letter, telephone, or any
other means, either directly or through a third party, a victim of
the offense or a member of the victim's family, if:
(1) the victim was younger than 17 years of age at the
time of the commission of the offense for which the person is
confined; and
(2) the director of the correctional facility has not,
before the person makes contact with the victim:
(A) received written and dated consent to the
contact from:
(i) a parent of the victim;
(ii) a legal guardian of the victim;
(iii) the victim, if the victim is 17 years
of age or older at the time of giving the consent; or
(iv) a member of the victim's family who is
17 years of age or older; and
(B) provided the person with a copy of the
consent.
SECTION 2.12. Section 521.101(h), Transportation Code, is
amended to read as follows:
(h) The department shall automatically revoke each personal
identification certificate issued by the department to a person
who:
(1) is subject to the registration requirements of
Chapter 62, Code of Criminal Procedure[, as added by Chapter 668,
Acts of the 75th Legislature, Regular Session, 1997]; and
(2) fails to apply to the department for renewal of the
personal identification certificate as required by Article 62.060
[62.065], Code of Criminal Procedure.
SECTION 2.13. Section 521.103(a), Transportation Code, is
amended to read as follows:
(a) The department may issue an original or renewal personal
identification certificate to a person whose driver's license or
personal identification certificate record indicates that the
person is subject to the registration requirements of Chapter 62,
Code of Criminal Procedure, [as added by Chapter 668, Acts of the
75th Legislature, Regular Session, 1997,] only if the person:
(1) applies in person for the issuance of a
certificate under this section; and
(2) pays a fee of $20.
SECTION 2.14. Section 521.348(a), Transportation Code, is
amended to read as follows:
(a) A driver's license is automatically revoked if the
holder of the license:
(1) is subject to the registration requirements of
Chapter 62, Code of Criminal Procedure[, as added by Chapter 668,
Acts of the 75th Legislature, Regular Session, 1997]; and
(2) fails to apply to the department for renewal of the
license as required by Article 62.060 [62.065], Code of Criminal
Procedure.
ARTICLE 3. STATE ASSISTANCE TO SEX OFFENDERS
SECTION 3.01. Subchapter A, Chapter 531, Government Code,
is amended by adding Section 531.078 to read as follows:
Sec. 531.078. CERTAIN MEDICATION FOR SEX OFFENDERS
PROHIBITED. (a) To the maximum extent allowable under federal law,
the commission may not provide sexual performance enhancing
medication under the Medicaid vendor drug program or any other
health and human services program to a person required to register
as a sex offender under Chapter 62, Code of Criminal Procedure.
(b) The executive commissioner of the Health and Human
Services Commission may adopt rules as necessary to implement this
section.
ARTICLE 4. TRANSITIONS; EFFECTIVE DATE; REPEALERS
SECTION 4.01. (a) Except as provided by Subsection (b) of
this section, the changes in law made by this Act in amending
Chapter 62, Code of Criminal Procedure, apply to a person subject to
Chapter 62, Code of Criminal Procedure, for an offense or conduct
committed or engaged in before, on, or after the effective date of
this Act.
(b) To the extent that the changes in law made by this Act to
Chapter 62, Code of Criminal Procedure, change the elements of or
punishment for conduct constituting a violation of Chapter 62,
those changes apply only to conduct engaged in on or after the
effective date of this Act. Conduct engaged in before the effective
date of this Act is governed by the law in effect at the time the
conduct was engaged in, and that law is continued in effect for that
purpose.
SECTION 4.02. The change in law made by this Act in adding
Article 13.30, Code of Criminal Procedure, applies only to an
offense committed on or after the effective date of this Act. For
purposes of this section, an offense is committed on or after the
effective date of this Act if any element of the offense occurs on
or after the effective date of this Act. An offense committed
before the effective date of this Act is governed by the law in
effect at the time the offense was committed, and that law is
continued in effect for that purpose.
SECTION 4.03. The change in law made by this Act in amending
Article 26.13(h), Code of Criminal Procedure, applies only to a
plea of guilty or a plea of nolo contendere that is entered on or
after the effective date of this Act. A plea of guilty or a plea of
nolo contendere that is entered before the effective date of this
Act is governed by the law in effect at the time the plea was
entered, and that law is continued in effect for that purpose.
SECTION 4.04. The change in law made by this Act in
repealing Subsections (g) and (h), Section 19, Article 42.12, Code
of Criminal Procedure, and in amending Section 508.186, Government
Code, applies only to a person who is placed on community
supervision or released on parole or mandatory supervision for an
offense committed on or after the effective date of this Act. A
person who is placed on community supervision or released on parole
or mandatory supervision for an offense committed before the
effective date of this Act is governed by the law in effect on the
date the offense was committed, and that law is continued in effect
for that purpose. For purposes of this section, an offense is
committed on or after the effective date of this Act if any element
of the offense occurs on or after the effective date of this Act.
SECTION 4.05. The change in law made by this Act in amending
Article 44.01, Code of Criminal Procedure, applies only to an
appeal brought by the state on or after the effective date of this
Act.
SECTION 4.06. The change in law made by this Act in adding
Section 411.1473, Government Code, applies only to a person who,
for the first time, must register as a sex offender under Chapter
62, Code of Criminal Procedure, on or after the effective date of
this Act.
SECTION 4.07. Subsections (g) and (h), Section 19, Article
42.12, Code of Criminal Procedure, are repealed.
SECTION 4.08. This Act takes effect September 1, 2005.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 867 was passed by the House on May 11,
2005, by a non-record vote; and that the House concurred in Senate
amendments to H.B. No. 867 on May 26, 2005, by a non-record vote.
______________________________
Chief Clerk of the House
I certify that H.B. No. 867 was passed by the Senate, with
amendments, on May 24, 2005, by the following vote: Yeas 31, Nays
0.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor