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A BILL TO BE ENTITLED
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AN ACT
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relating to the criminal registration procedure for a convicted |
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arsonist. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 62(A).001 Code of Criminal Procedure, is |
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amended to read as follows: |
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TITLE 1. CODE OF CRIMINAL PROCEDURE |
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CHAPTER 62(A).001 ARSONIST REGISTRATION PROGRAM |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Art. 62(A).001. DEFINITIONS. In this chapter: |
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(1) "Department" means the Department of Public |
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Safety. |
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(2) "Local law enforcement authority" means, as |
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applicable, the chief of police of a municipality, the sheriff of a |
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county in this state, or a centralized registration authority. |
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(3) "Penal institution" means a confinement facility |
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operated by or under a contract with any division of the Texas |
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Department of Criminal Justice, a confinement facility operated by |
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or under contract with the Texas Youth Commission, or a juvenile |
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secure pre-adjudication or post-adjudication facility operated by |
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or under a local juvenile probation department, or a county jail. |
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(4) "Released" means discharged, paroled, placed in a |
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nonsecure community program for juvenile offenders, or placed on |
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juvenile probation, community supervision, or mandatory |
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supervision. |
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(5) "Reportable conviction or adjudication" means a |
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conviction or adjudication, including an adjudication of |
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delinquent conduct or a deferred adjudication, that, regardless of |
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the pendency of an appeal, is a conviction for or an adjudication |
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for or based on Texas Penal Code: |
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Sec. 28.02. ARSON. (a) A person commits an offense if the |
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person starts a fire, regardless of when the fire continues after |
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ignition, or causes an explosion with intent to destroy or damage: |
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(1) any vegetation, fence, or structure on open-space |
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land; or |
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(2) any building, habitation, or vehicle: |
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(A) knowing that it is within the limits of an |
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incorporated city or town; |
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(B) knowing that it is insured against damage or |
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destruction; |
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(C) knowing that it is subject to a mortgage or |
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other security interest; |
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(D) knowing that it is located on property |
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belonging to another; |
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(E) knowing that it has located within it |
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property belonging to another; or |
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(F) when the person is reckless about whether the |
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burning or explosion will endanger the life of some individual or |
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the safety of the property of another. |
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(a-1) A person commits an offense if the person recklessly |
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starts a fire or causes an explosion while manufacturing or |
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attempting to manufacture a controlled substance and the fire or |
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explosion damages any building, habitation, or vehicle. |
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(b) It is an exception to the application of Subsection |
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(a)(1) that the fire or explosion was a part of the controlled |
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burning of open-space land. |
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(c) It is a defense to prosecution under Subsection |
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(a)(2)(A) that prior to starting the fire or causing the explosion, |
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the actor obtained a permit or other written authorization granted |
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in accordance with a city ordinance, if any, regulating fires and |
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explosions. |
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(d) An offense under Subsection (a) is a felony of the |
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second degree, except that the offense is a felony of the first |
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degree if it is shown on the trial of the offense that: |
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(1) bodily injury or death was suffered by any person |
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by reason of the commission of the offense; or |
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(2) the property intended to be damaged or destroyed |
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by the actor was a habitation or a place of assembly or worship. |
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(e) An offense under Subsection (a-1) is a state jail |
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felony, except that the offense is a felony of the third degree if |
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it is shown on the trial of the offense that bodily injury or death |
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was suffered by any person by reason of the commission of the |
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offense. |
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(f) It is a felony of the third degree if a person commits an |
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offense under Subsection (a)(2) of this section and the person |
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intentionally starts a fire in or on a building, habitation, or |
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vehicle, with intent to damage or destroy property belonging to |
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recklessly causes damage to the building, habitation, or vehicle. |
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(g) If conduct that constitutes an offense under Subsection |
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(a-1) or that constitutes an offense under Subsection (f) also |
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constitutes an offense under another subsection of this section or |
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another section of this code, the actor may be prosecuted under |
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Subsection (a-1) or Subsection (f), under the other subsection of |
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this section, or under the other section of this code. |
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(H) a violation of the laws of another state, |
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federal law, the laws of a foreign country, or the Uniform Code of |
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Military Justice for or based on the violation of an offense |
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containing elements that are substantially similar to the elements |
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of an offense listed under Paragraph (A), (B), (C), (D), (E), (F) |
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and (H), but not if the violation results in a deferred |
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adjudication; |
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(I) the second violation of the laws of another |
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state, federal law, the laws of a foreign country, or the Uniform |
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Code of Military Justice for or based on the violation of an offense |
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containing elements that are substantially similar to the elements |
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of the offense of indecent exposure, but not if the second violation |
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results in a deferred adjudication; or |
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(J) a violation of Section 28.02 Penal Code. |
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(6) "Convicted Arsonist" means any of the following |
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offenses committed by a person 17 years of age or older: |
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(A) an offense under Section Penal Code; |
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(B) an offense (E) an offense under the laws of |
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another state, federal law, the laws of a foreign country, or the |
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Uniform Code of Military Justice if the offense contains elements |
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that are substantially similar to the elements of an offense listed |
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under Paragraph (A), (B), (C), or (D). |
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(7) "Residence" includes a residence established in |
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this state by a person described by Article 62.152(e). |
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(8) "Public or private institution of higher |
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education" includes a college, university, community college, or |
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technical or trade institute. |
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(9) "Authority for campus security" means the |
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authority with primary law enforcement jurisdiction over property |
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under the control of a public or private institution of higher |
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education, other than a local law enforcement authority. |
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(10) "Extrajurisdictional registrant" means a person |
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who: |
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(A) is required to register as an Arsonist under: |
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(i) the laws of another state with which the |
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department has entered into a reciprocal registration agreement; |
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(ii) federal law or the Uniform Code of |
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Military Justice; or |
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(iii) the laws of a foreign country; and |
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(B) is not otherwise required to register under |
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this chapter because: |
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(i) the person does not have a reportable |
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conviction for an offense under the laws of the other state, federal |
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law, the laws of the foreign country, or the Uniform Code of |
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Military Justice containing elements that are substantially |
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similar to the elements of an offense requiring registration under |
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this chapter; or |
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(ii) the person does not have a reportable |
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adjudication of delinquent conduct based on a violation of an |
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offense under the laws of the other state, federal law, or the laws |
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of the foreign country containing elements that are substantially |
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similar to the elements of an offense requiring registration under |
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this chapter. |
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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 (A) 62.0045. |
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(11) "Online identifier" means electronic mail |
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address information or a name used by a person when sending or |
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receiving an instant message, social networking communication, or |
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similar Internet communication or when participating in an Internet |
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chat. The term includes an assumed name, nickname, pseudonym, |
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moniker, or user name established by a person for use in connection |
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with an electronic mail address, chat or instant chat room |
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platform, commercial social networking site, or online |
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picture-sharing service. |
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Art. 62(A).002. APPLICABILITY OF CHAPTER. (a) This |
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chapter applies only to a reportable conviction or adjudication |
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occurring on or after September 1, 2000. |
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(b) Except as provided by Subsection (c), the duties imposed |
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on a person required to register under this chapter on the basis of |
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a reportable conviction or adjudication, and the corresponding |
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duties and powers of other entities in relation to the person |
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required to register on the basis of that conviction or |
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adjudication, are not affected by: |
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(1) an appeal of the conviction or adjudication; or |
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(2) a pardon of the conviction or adjudication. |
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(c) If a conviction or adjudication that is the basis of a |
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duty to register under this chapter is set aside on appeal by a |
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court or if the person required to register under this chapter on |
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the basis of a conviction or adjudication receives a pardon on the |
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basis of subsequent proof of innocence, the duties imposed on the |
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person by this chapter and the corresponding duties and powers of |
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other entities in relation to the person are terminated. |
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Art. 62(A).003. DETERMINATION REGARDING SUBSTANTIALLY |
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SIMILAR ELEMENTS OF OFFENSE. (a) For the purposes of this chapter, |
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the department is responsible for determining whether an offense |
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under the laws of another state, federal law, the laws of a foreign |
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country, or the Uniform Code of Military Justice contains elements |
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that are substantially similar to the elements of an offense under |
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the laws of this state. |
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(b) The department annually shall provide or make available |
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to each prosecuting attorney's office in this state: |
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(1) the criteria used in making a determination under |
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Subsection (a); and |
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(2) any existing record or compilation of offenses |
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under the laws of another state, federal law, the laws of a foreign |
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country, and the Uniform Code of Military Justice that the |
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department has already determined to contain elements that are |
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substantially similar to the elements of offenses under the laws of |
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this state. |
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(c) An appeal of a determination made under this article |
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shall be brought in a district court in Travis County. |
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Art. 62(A).004. DETERMINATION REGARDING PRIMARY |
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REGISTRATION AUTHORITY. (a) Except as provided by Subsection |
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(a-1), for each person subject to registration under this chapter, |
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the department shall determine which local law enforcement |
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authority serves as the person's primary registration authority |
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based on the municipality or county in which the person resides or, |
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as provided by Article (A) 62.152, the municipality or county in |
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which the person works or 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 (A) 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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(b) The department shall notify each person subject to |
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registration under this chapter of the person's primary |
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registration authority in a timely manner. |
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Art. 62(A).0045. CENTRALIZED REGISTRATION AUTHORITY. (a) |
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The commissioners court in a county with a population of 100,000 or |
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more may designate the office of the sheriff of the county or may, |
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through interlocal agreement, designate the office of a chief of |
|
|
police of a municipality in that county to serve as a mandatory |
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countywide registration location for persons subject to this |
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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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(A) 62.051 or verify registration under Article (A) 62.058 only |
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with the centralized registration authority for the county, |
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regardless of whether the person resides in any municipality |
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located in that county. If the person resides in a municipality, and |
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the local law enforcement authority in the municipality does not |
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serve as the person's centralized registration authority, the |
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centralized registration authority, not later than the third day |
|
|
after the date the person registers or verifies registration with |
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|
that authority, shall provide to the local law enforcement |
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authority in that municipality notice of the person's registration |
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or verification of registration, as applicable, with the |
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centralized registration authority. |
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Art. 62(A).005. CENTRAL DATABASE; PUBLIC INFORMATION. (a) |
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The department shall maintain a computerized central database |
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containing the information required for registration under this |
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chapter. The department may include in the computerized central |
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database the numeric risk level assigned to a person under this |
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chapter. |
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(b) The information contained in the database, including |
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the numeric risk level assigned to a person under this chapter, is |
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public information, with the exception of any information: |
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|
(1) regarding the person's social security number or |
|
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driver's license number, or any home, work, or cellular telephone |
|
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number of the person; |
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(2) that is described by Article (A) 62.051(c)(7) or |
|
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required by the department under Article (A) 62.051(c)(8); or |
|
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(3) that would identify the county of the offense for |
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which the person is subject to registration. |
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(c) Notwithstanding Chapter 730, Transportation Code, the |
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department shall maintain in the database, and shall post on any |
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department website related to the database, any photograph of the |
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person that is available through the process for obtaining or |
|
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renewing a personal identification certificate or driver's license |
|
|
under Section 521.103 or 521.272, Transportation Code. The |
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department shall update the photograph in the database and on the |
|
|
website annually or as the photograph otherwise becomes available |
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through the renewal process for the certificate or license. |
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(d) A local law enforcement authority shall release public |
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|
information described under Subsection (b) to any person who |
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requests the information from the authority. The authority may |
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charge the person a fee not to exceed the amount reasonably |
|
|
necessary to cover the administrative costs associated with the |
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authority's release of information to the person under this |
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subsection. |
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(e) The department shall provide a licensing authority with |
|
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notice of any person required to register under this chapter who |
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holds or seeks a license that is issued by the authority. The |
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department shall provide the notice required by this subsection as |
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|
the applicable licensing information becomes available through the |
|
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person's registration or verification of registration. |
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(f) On the written request of a licensing authority that |
|
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identifies an individual and states that the individual is an |
|
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applicant for or a holder of a license issued by the authority, the |
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department shall release any information described by Subsection |
|
|
(a) to the licensing authority. |
|
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(g) For the purposes of Subsections (e) and (f): |
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(1) "License" means a license, certificate, |
|
|
registration, permit, or other authorization that: |
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(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 |
|
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political subdivision of the state that issues a license. |
|
|
(h) Not later than the third day after the date on which the |
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applicable information becomes available through the person's |
|
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registration or verification of registration or under Article (A) |
|
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62.058, the department shall send notice of any person required to |
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register under this chapter who is or will be employed, carrying on |
|
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a vocation, or a student at a public or private institution of |
|
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higher education in this state to: |
|
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(1) for an institution in this state: |
|
|
(A) the authority for campus security for that |
|
|
institution; or |
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|
(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 |
|
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education described by Subsection (h) that identifies an individual |
|
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and states that the individual has applied to work or study at the |
|
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institution, the department shall release any information |
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described by Subsection (a) to the institution. |
|
|
(j) The department, for law enforcement purposes, shall |
|
|
release all relevant information described by Subsection (a), |
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including information that is not public information under |
|
|
Subsection (b), to a peace officer, an employee of a local law |
|
|
enforcement authority, or the attorney general on the request of |
|
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the applicable person or entity. |
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Art. 62(A).006. INFORMATION PROVIDED TO PEACE OFFICER ON |
|
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REQUEST. The department shall establish a procedure by which a |
|
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peace officer or employee of a law enforcement agency who provides |
|
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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 (A) 62.005 as assigned to a vehicle owned or |
|
|
driven by a person required to register under this chapter. |
|
|
Art. 62(A).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; |
|
|
Art. 62(A).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 Section 28.02. 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(A).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(A).051. 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), 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, including each alias, the |
|
|
person's date of birth, sex, race, height, weight, eye color, hair |
|
|
color, social security number, driver's license number, and shoe |
|
|
size, and the address at which the person resides or intends to |
|
|
reside or, if the person does not reside or intend to reside at a |
|
|
physical address, a detailed description of each geographical |
|
|
location at which the person resides or intends to reside; |
|
|
(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 address of offense the person was convicted |
|
|
of, 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), 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. |
|
|
(c) The registration form shall require: |
|
|
(1) the person's full name, date of birth, sex, race, |
|
|
height, weight, eye color, hair color, social security number, |
|
|
driver's license number, shoe size, and home address and each alias |
|
|
used by the person and any home, work, or cellular telephone number |
|
|
of the person; |
|
|
(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 address of the offense the person was |
|
|
convicted of, 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(A).005(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; |
|
|
(7) the identification of any online identifier |
|
|
established or used by the person; and |
|
|
(8) 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) 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) Not later than the seventh day after the date on which |
|
|
the person is released, 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) 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). |
|
|
(h) 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) If the other state has a registration requirement for |
|
|
arsonists, 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. |
|
|
(j) If a person subject to registration under this chapter |
|
|
is released from a penal institution without being released to |
|
|
parole or placed on any other form of supervision and the person |
|
|
does not move to the address indicated on the registration form as |
|
|
the person's intended residence or does not indicate an address on |
|
|
the registration form, the person shall, not later than the seventh |
|
|
day after the date on which the person is released: |
|
|
(1) report in person to the local law enforcement |
|
|
authority for the municipality or county, as applicable, in which |
|
|
the person is residing and provide that authority with the address |
|
|
at which the person is residing or, if the person's residence does |
|
|
not have a physical address, a detailed description of the |
|
|
geographical location of the person's residence; and |
|
|
(2) until the person indicates the person's current |
|
|
address as the person's intended residence on the registration form |
|
|
or otherwise complies with the requirements of Article 62(A).055, |
|
|
as appropriate, continue to report, in the manner required by |
|
|
Subdivision (1), to that authority not less than once in each |
|
|
succeeding 30-day period and provide that authority with the |
|
|
address at which the person is residing or, if applicable, a |
|
|
detailed description of the geographical location of the person's |
|
|
residence. |
|
|
(k) A person required to register under this chapter may not |
|
|
refuse or otherwise fail to provide any information required for |
|
|
the accurate completion of the registration form. |
|
|
Art. 62(A).052. REGISTRATION: EXTRAJURISDICTIONAL |
|
|
REGISTRANTS. (a) An extrajurisdictional registrant is required to |
|
|
comply with the annual verification requirements of Article |
|
|
62(A).058 in the same manner as a person who is required to verify |
|
|
registration on the basis of a reportable conviction or |
|
|
adjudication. |
|
|
(b) The duty to register for an extrajurisdictional |
|
|
registrant 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) 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 arsonists by moving from one |
|
|
state to the other. |
|
|
Art. 62(A).053. PRERELEASE NOTIFICATION. (a) Before a |
|
|
person who will be subject to registration under this chapter is due |
|
|
to be released from a penal institution. 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 first date the applicable local |
|
|
law enforcement authority by policy allows the person to register |
|
|
or verify registration, the person must 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, if the person has not moved to an intended |
|
|
residence, report to the applicable entity or entities as required |
|
|
by Article 62(A).051(h) or (j) or 62(A).055(e); |
|
|
(C) 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) 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 |
|
|
arsonists; |
|
|
(E) 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) the person must notify appropriate entities |
|
|
of any change in status as described by Article 62(A).057; |
|
|
(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) or, if the person refuses to sign |
|
|
the statement, certify that the person was so informed; |
|
|
(3) obtain the address or, if applicable, a detailed |
|
|
description of each geographical location 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 |
|
|
arsonists. |
|
|
(d) If a person who has a reportable conviction described by |
|
|
Article 28.02 Penal Code is placed under the supervision of the |
|
|
parole division of the Texas Department of Criminal Justice or a |
|
|
community supervision and corrections department under Section |
|
|
510.017, Government Code, 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(A).001(5)(H) or (I) 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 basis on which the person is |
|
|
subject to registration under this chapter. |
|
|
Art. 62(A).055. CHANGE OF ADDRESS; LACK 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 convicted arsonists, 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 basis on which the |
|
|
person is subject to registration under this chapter. |
|
|
Art. 62(A).057. STATUS REPORT BY SUPERVISING OFFICER OR |
|
|
LOCAL LAW ENFORCEMENT AUTHORITY. (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, |
|
|
online identifiers, 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(A).055(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 later of the seventh day after the |
|
|
date of the change or the first date the applicable authority by |
|
|
policy allows the person to report, 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, online identifiers, physical health, or job or educational |
|
|
status, including higher educational status. |
|
|
(c) For purposes of Subsection (b): |
|
|
(1) 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) a person's health status changes if the person is |
|
|
hospitalized as a result of an illness; |
|
|
(3) a change in a person's educational status includes |
|
|
the person's transfer from one educational facility to another; and |
|
|
(4) regarding a change of name, notice of the proposed |
|
|
name provided to a local law enforcement authority as described by |
|
|
Sections 45.004 and 45.103, Family Code, is sufficient, 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(A).058. LAW ENFORCEMENT VERIFICATION OF |
|
|
REGISTRATION INFORMATION. (a) A person subject to registration |
|
|
under this chapter who has for an arson 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(A).059. 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 (A) 62.051(c); |
|
|
(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(A).060. 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 |
|
|
(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(A).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. |
|
|
SUBCHAPTER C. EXPIRATION OF DUTY TO REGISTER; GENERAL |
|
|
PENALTIES FOR NONCOMPLIANCE |
|
|
Art. 62(A).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) an arson offense; |
|
|
(2) an offense under Section 28.02, Penal Code; |
|
|
(3) an offense under Section 28.02 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 28.02 Penal Code, if: |
|
|
(A) the judgment in the case contains an |
|
|
affirmative finding under Article; and |
|
|
(B) before or after the person is convicted or |
|
|
adjudicated for the offense under 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 |
|
|
(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(A).102. 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 (A) 62.101(b) or (c); |
|
|
(2) a felony of the third degree if the actor is a |
|
|
person whose duty to register expires under Article 62(A).101(a) |
|
|
and who is required to verify registration once each year under |
|
|
Article 62(A).058; and |
|
|
(3) a felony of the second degree if the actor is a |
|
|
person whose duty to register expires under Article 62(A).101(a) |
|
|
and who is required to verify registration once each 90-day period |
|
|
under Article 62(A).058. |
|
|
(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(A).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(A).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(A).051 |
|
|
and 62(A).058 and to the change of address requirements of Article |
|
|
62(A).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(A).053-62(A).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(A).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(A).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(A).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(A).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(A).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. |
|
|
SUBCHAPTER E. PROVISIONS APPLICABLE TO PERSONS SUBJECT TO CIVIL |
|
|
COMMITMENT |
|
|
Art. 62(A).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 an arsonist 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(A).202. VERIFICATION OF INDIVIDUALS SUBJECT TO |
|
|
COMMITMENT. (a) Notwithstanding Article 62(A).058, if an |
|
|
individual subject to registration under this chapter is civilly |
|
|
committed as an arsonist, 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 an |
|
|
arsonist is no longer imposed by this article; |
|
|
Art. 62(A).203. FAILURE TO COMPLY: INDIVIDUALS SUBJECT TO |
|
|
COMMITMENT. (a) A person commits an offense if the person, after |
|
|
commitment as an arsonist 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 is a felony of the second |
|
|
degree. |
|
|
SUBCHAPTER F. REMOVAL OF REGISTRATION INFORMATION |
|
|
Art. 62(A).251. REMOVING REGISTRATION INFORMATION WHEN |
|
|
DUTY TO REGISTER EXPIRES. (a) When a person is no longer required to |
|
|
register as an arsonist under this chapter, the department shall |
|
|
remove all information about the person from the Arson |
|
|
Registration. |
|
|
(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 court having jurisdiction over 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 |
|
|
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 arson registry and notify the |
|
|
department that the person's duty to register has expired. |
|
|
(d) When a person required to register under this chapter |
|
|
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 arson 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. |
|
|
Art. 62(A).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(A).356. EFFECT OF CERTAIN ORDERS. (a) A person who |
|
|
has an adjudication of delinquent conduct that would otherwise be |
|
|
reportable under Article 62(A).001 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(A).357. APPEAL OF CERTAIN ORDERS. (a) |
|
|
Notwithstanding Section 56.01, Family Code, on entry by a juvenile |
|
|
court of an order under Article 62(A).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(A).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. |
|
|
SECTION 2. EFFECTIVE DATE. This Act takes effect |
|
|
immediately if it receives a vote of two-thirds of all members |
|
|
elected to each house, as provided by Section 39, Article III, Texas |
|
|
Constitution. If this Act does not receive the vote necessary for |
|
|
immediate effect, the Act takes effect on the ninety-first day |
|
|
after the last day of the legislative session in which it is |
|
|
enacted. |