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AN ACT
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relating to the establishment of a centralized sex offender |
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registration authority in certain counties in this state. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 62.001, Code of Criminal Procedure, is |
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amended by amending Subdivision (2) and adding Subdivision (11) to |
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read as follows: |
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(2) "Local law enforcement authority" means, as |
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applicable, the chief of police of a municipality, [or] the sheriff |
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of a county in this state, or a centralized registration authority. |
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(11) "Centralized registration authority" means a |
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mandatory countywide registration location designated under |
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Article 62.0045. |
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SECTION 2. Article 62.004, Code of Criminal Procedure, is |
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amended by amending Subsection (a) and adding Subsection (a-1) to |
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read as follows: |
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(a) Except as provided by Subsection (a-1), for [For] each |
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person subject to registration under this chapter, the department |
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shall determine which local law enforcement authority serves as the |
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person's primary registration authority based on the municipality |
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or county in which the person resides or, as provided by Article |
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62.152, the municipality or county in which the person works or |
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attends school. |
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(a-1) Notwithstanding any other provision of this chapter, |
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if a person resides or, as described by Article 62.152, works or |
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attends school in a county with a centralized registration |
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authority, the centralized registration authority serves as the |
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person's primary registration authority under this chapter, |
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regardless of whether the person resides, works, or attends school, |
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as applicable, in any municipality located in that county. |
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SECTION 3. Subchapter A, Chapter 62, Code of Criminal |
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Procedure, is amended by adding Article 62.0045 to read as follows: |
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Art. 62.0045. CENTRALIZED REGISTRATION AUTHORITY. |
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(a) The commissioners court in a county with a population of |
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100,000 or more may designate the office of the sheriff of the |
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county or may, through interlocal agreement, designate the office |
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of a chief of police of a municipality in that county to serve as a |
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mandatory countywide registration location for persons subject to |
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this chapter. |
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(b) Notwithstanding any other provision of this chapter, a |
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person who is subject to this chapter shall register under Article |
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62.051 or verify registration under Article 62.058 only with the |
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centralized registration authority for the county, regardless of |
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whether the person resides in any municipality located in that |
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county. If the person resides in a municipality, and the local law |
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enforcement authority in the municipality does not serve as the |
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person's centralized registration authority, the centralized |
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registration authority, not later than the third day after the date |
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the person registers or verifies registration with that authority, |
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shall provide to the local law enforcement authority in that |
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municipality notice of the person's registration or verification of |
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registration, as applicable, with the centralized registration |
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authority. |
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SECTION 4. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2009. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 2048 passed the Senate on |
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April 30, 2009, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 2048 passed the House on |
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May 26, 2009, by the following vote: Yeas 142, Nays 0, two |
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present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |