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A BILL TO BE ENTITLED
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AN ACT
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relating to supervising, monitoring, and restricting the location |
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of certain sex offenders. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter B, Chapter 62, Code of Criminal |
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Procedure, is amended by adding Articles 62.063 and 62.064 to read |
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as follows: |
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Art. 62.063. MONITORING OF CERTAIN HIGH-RISK REGISTRANTS. |
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(a) In this article, "monitoring system program" means an |
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electronic monitoring service, global positioning satellite |
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service, or other appropriate technological service that is |
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designed to track a person's location. |
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(b) This article applies only to a person who is released |
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from a penal institution, who is required to register under this |
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chapter as the result of a reportable conviction or adjudication, |
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and who: |
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(1) is not under the supervision and control of: |
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(A) a juvenile probation office or an agency or |
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entity operating under contract with a juvenile probation office; |
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(B) the Texas Youth Commission; |
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(C) a community supervision and corrections |
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department; or |
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(D) the parole division of the Texas Department |
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of Criminal Justice; or |
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(2) has not been civilly committed under Chapter 841, |
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Health and Safety Code. |
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(c) A person described by Subsection (b) who, under Section |
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62.053, is assigned a numeric risk level of three shall participate |
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in the monitoring system program operated by the department under |
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Subsection (d). A person's duty to participate in the program |
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expires on the third anniversary of the date the person is released |
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from the penal institution. |
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(d) The department shall implement and operate a monitoring |
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system program that tracks the location of persons described by |
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Subsection (b) and uses, to the fullest extent possible, technology |
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with the capabilities described by Subsection (e). The department |
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may consult with any state agency, political subdivision of this |
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state, or agency of a political subdivision of this state in |
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implementing, operating, and maintaining the program. |
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(e) A monitoring system that is part of the monitoring |
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system program operated by the department under Subsection (d) must |
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periodically provide a cumulative report of a tracked person's |
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location to the department. The monitoring system must also be |
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capable of tracking a person's location in real time, providing a |
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real-time report of a tracked person's location to the department, |
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and alerting the department in real time that a tracked person has |
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entered or come within a specified number of feet of any premises or |
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type of premises the tracked person is prohibited from going within |
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or entering. |
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(f) A person who is not indigent and who is required to |
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participate in the monitoring system program operated under |
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Subsection (d) is responsible for the cost of the monitoring system |
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and monthly shall pay to the department the amount that the |
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department determines is necessary to defray the cost of operating |
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the system with respect to the person during the previous month. |
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(g) The director of the department shall adopt rules as |
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necessary to implement, operate, and maintain the monitoring system |
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program operated under Subsection (d). |
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Art. 62.064. PROHIBITED LOCATIONS. (a) This article |
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applies only to a person who is: |
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(1) required to register under this chapter because of |
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one or more reportable convictions or adjudications that are based |
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on an offense or conduct a victim or intended victim of which was |
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younger than 17 years of age at the time the offense or conduct |
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occurred; and |
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(2) not enrolled as a student at a public or private |
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primary or secondary school. |
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(b) A person described by Subsection (a) may not go in, on, |
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or within 1,000 feet of a premises described by Section |
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13B(a)(1)(B), Article 42.12. |
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SECTION 2. The heading to Section 508.187, Government Code, |
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is amended to read as follows: |
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Sec. 508.187. CHILD SAFETY ZONE; TRACKING SERVICE. |
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SECTION 3. Section 508.187, Government Code, is amended by |
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adding Subsections (g) and (h) to read as follows: |
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(g) A parole panel shall require as a condition of parole or |
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mandatory supervision that a releasee described by Subsection (a) |
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who is assigned a numeric risk level of three under Article 62.053, |
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Code of Criminal Procedure, and was convicted of an offense the |
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victim of which was a child as defined by Section 22.011(c), Penal |
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Code: |
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(1) submit to tracking under an electronic monitoring |
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service, global positioning satellite service, or other |
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appropriate technological service designed to track a person's |
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location; |
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(2) refrain from tampering with, altering, modifying, |
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obstructing, or manipulating any equipment used by the service to |
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which the releasee is required to submit under Subdivision (1); and |
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(3) unless the parole panel determines the releasee is |
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indigent, pay periodically to the department an amount equal to the |
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cost the department incurs during each period in tracking the |
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releasee under Subdivision (1). |
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(h) A tracking service to which a releasee is required to |
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submit under Subsection (g) must: |
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(1) track the releasee's location in real time; |
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(2) be able to provide a real-time report of the |
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releasee's location to the parole officer supervising the releasee; |
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(3) alert the department in real time that the |
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releasee has entered or come within a specified number of feet of |
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any premises or type of premises the releasee is prohibited from |
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going within or entering; and |
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(4) provide a cumulative report of the releasee's |
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locations during a specified period of time to the parole officer |
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supervising the releasee. |
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SECTION 4. (a) Article 62.063, Code of Criminal Procedure, |
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as added by this Act, applies only to a person who is released from a |
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penal institution on or after January 1, 2008. A person who is |
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released from a penal institution before January 1, 2008, is |
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governed by the law in effect at the time the person is released |
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from the penal institution, and the former law is continued in |
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effect for that purpose. |
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(b) The Department of Public Safety shall implement the |
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monitoring system program described by Article 62.063, Code of |
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Criminal Procedure, as added by this Act, so that the program is |
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fully functional not later than January 1, 2008. |
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(c) Article 62.064, Code of Criminal Procedure, as added by |
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this Act, applies to a person who is subject to registration under |
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Chapter 62, Code of Criminal Procedure, on or after the effective |
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date of this Act, regardless of whether the applicable offense or |
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conduct occurs before, on, or after the effective date of this Act. |
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(d) The changes in law made by this Act in amending Section |
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508.187, Government Code, apply only to a person who is released on |
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parole or mandatory supervision for an offense committed on or |
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after the effective date of this Act. A person who is released on |
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parole or mandatory supervision for an offense committed before the |
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effective date of this Act is governed by the law in effect at the |
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time the offense was committed, and the former law is continued in |
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effect for that purpose. For purposes of this section, an offense |
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was committed before the effective date of this Act if any element |
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of the offense was committed before that date. |
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SECTION 5. This Act takes effect September 1, 2007. |