Bill Text: TX HB1552 | 2011-2012 | 82nd Legislature | Comm Sub
Bill Title: Relating to the monitoring of and the provision of certain information regarding certain high-risk sex offenders.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2011-05-02 - Committee report sent to Calendars [HB1552 Detail]
Download: Texas-2011-HB1552-Comm_Sub.html
82R14362 KEL-F | |||
By: Madden | H.B. No. 1552 | ||
Substitute the following for H.B. No. 1552: | |||
By: Hunter | C.S.H.B. No. 1552 |
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relating to the monitoring of and the provision of certain | ||
information regarding certain high-risk sex offenders. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subchapter A, Chapter 62, Code of Criminal | ||
Procedure, is amended by adding Article 62.0052 to read as follows: | ||
Art. 62.0052. ELECTRONIC MAIL REPORTS FOR STATE | ||
LEGISLATORS. (a) The department shall maintain an electronic mail | ||
report service to which a member of the house of representatives or | ||
the senate of this state may electronically subscribe. | ||
(b) The electronic mail report service maintained under | ||
Subsection (a) must: | ||
(1) allow a subscribing representative or senator to | ||
request for each zip code any portion of which is located in the | ||
representative's or senator's district notification of: | ||
(A) the release from a penal institution or | ||
placement on deferred adjudication community supervision, | ||
community supervision, or juvenile probation of a person who | ||
expects to reside or resides in that zip code and is required to | ||
register under this chapter; and | ||
(B) any change in address of a person who expects | ||
to reside or resides in that zip code and is required to register | ||
under this chapter; and | ||
(2) not less frequently than monthly, deliver to the | ||
subscribing representative or senator a report containing the | ||
information described by Subdivision (1). | ||
(c) The department must include any public information | ||
described by Article 62.005 in an electronic mail report sent to a | ||
subscribing representative or senator. | ||
SECTION 2. Subchapter B, Chapter 62, Code of Criminal | ||
Procedure, is amended by adding Article 62.0531 to read as follows: | ||
Art. 62.0531. DETERMINATION OF PREDATORY RISK LEVEL. (a) | ||
In this article, "sexually predatory conduct" means conduct that is | ||
engaged in for the purpose of victimization and that: | ||
(1) is directed toward a stranger, a person of casual | ||
acquaintance with whom no substantial relationship exists, or a | ||
person with whom a relationship has been established or promoted | ||
for the purpose of victimization; and | ||
(2) violates: | ||
(A) Section 21.11(a)(1), 22.011, or 22.021, | ||
Penal Code; | ||
(B) Section 43.25, Penal Code; | ||
(C) Section 20.04(a)(4), Penal Code, if the | ||
conduct is committed with the intent to violate or abuse the victim | ||
of the conduct sexually; or | ||
(D) Section 30.02, Penal Code, if the conduct is | ||
punishable under Subsection (d) of that section and is committed | ||
with the intent to engage in conduct described by Paragraph (A) or | ||
(C). | ||
(b) In addition to assigning to a person a numeric risk | ||
level of one, two, or three under Article 62.053(a), before a person | ||
who will be subject to registration under this chapter and who will | ||
be described by Article 62.063(b) on or after release is due to be | ||
released from a penal institution, the Texas Department of Criminal | ||
Justice or the Texas Youth Commission, as applicable, using the | ||
dynamic risk assessment tool developed or adopted by the Council on | ||
Sex Offender Treatment under Section 110.164, Occupations Code, | ||
shall: | ||
(1) determine the likelihood that the person will | ||
engage in sexually predatory conduct after being released from the | ||
institution; and | ||
(2) assign to the person a predatory risk level of low, | ||
medium, or high. | ||
SECTION 3. Subchapter B, Chapter 62, Code of Criminal | ||
Procedure, is amended by adding Article 62.063 to read as follows: | ||
Art. 62.063. MONITORING OF CERTAIN HIGH-RISK REGISTRANTS. | ||
(a) In this article, "monitoring system" means an electronic | ||
monitoring service, global positioning satellite service, or other | ||
appropriate technological service that is designed to track a | ||
person's location. | ||
(b) This article applies only to a person 18 years of age or | ||
older who is released from a penal institution, who is required to | ||
register under this chapter as the result of a reportable | ||
conviction or adjudication, and who: | ||
(1) is not under the supervision and control of: | ||
(A) the Texas Youth Commission; | ||
(B) a community supervision and corrections | ||
department; or | ||
(C) the parole division of the Texas Department | ||
of Criminal Justice; or | ||
(2) has not been civilly committed under Chapter 841, | ||
Health and Safety Code. | ||
(c) A person described by Subsection (b) who, under Article | ||
62.0531, is assigned a predatory risk level of high shall | ||
participate in any monitoring system program implemented under | ||
Subsection (d). A person's duty to participate in the program | ||
expires on the third anniversary of the date the person is released | ||
from the penal institution. | ||
(d) Subject to the receipt of one or more grants awarded by | ||
the criminal justice division of the governor's office, the | ||
department shall implement and coordinate a monitoring system | ||
program that tracks the location of persons subject to this | ||
article. A monitoring system program implemented under this | ||
subsection must require: | ||
(1) the department to provide to each local law | ||
enforcement authority designated as the primary registration | ||
authority under this chapter for a person subject to this article | ||
monitoring system equipment that is sufficient to track the | ||
location of the person; | ||
(2) each local law enforcement authority designated as | ||
a person's primary registration authority under this chapter to | ||
use the monitoring system equipment provided under Subdivision (1) | ||
to verify the authenticity of any geographically verifiable | ||
information contained in the registration form of a person subject | ||
to this article, including the person's residence; and | ||
(3) the manufacturer or vendor of the monitoring | ||
system equipment provided to a local law enforcement authority | ||
under Subdivision (1) to provide training and technological support | ||
to the authority with respect to the equipment. | ||
(e) A monitoring system that is part of a monitoring system | ||
program described by Subsection (d) must track a person's location | ||
and periodically provide a cumulative report of the tracked | ||
person's location to the department. The monitoring system is not | ||
required to be capable of tracking a person's location in real time | ||
or providing a real-time report of the person's location to the | ||
department. | ||
(f) A person who is not indigent and who is required to | ||
participate in a monitoring system program described by Subsection | ||
(d) is responsible for the cost of the monitoring system and monthly | ||
shall pay to the person's primary registration authority and to the | ||
department the amount that the primary registration authority or | ||
department, as applicable, determines is necessary to defray that | ||
entity's cost of operating the system with respect to the person | ||
during the preceding month. | ||
(g) In the manner prescribed by the criminal justice | ||
division of the governor's office, the department shall report to | ||
the division the amounts of any money received by the department | ||
under Subsection (f). The division shall treat that money as | ||
program income for the department and shall use the reported | ||
amounts to offset the amounts of grants awarded by the division to | ||
the department. | ||
(h) The public safety director of the department shall adopt | ||
rules as necessary to implement and coordinate the monitoring | ||
system program described by Subsection (d). | ||
(i) Notwithstanding any other provision of this article, | ||
this article does not apply to a person who is released from a penal | ||
institution before the date that the monitoring system program is | ||
implemented and becomes fully operational. | ||
SECTION 4. Section 110.164(a), Occupations Code, is amended | ||
to read as follows: | ||
(a) The council shall develop or adopt a dynamic risk | ||
assessment tool to be used in determining the likelihood that a | ||
person who is confined in a penal institution and will become | ||
subject to Chapter 62, Code of Criminal Procedure, on being | ||
released from the institution will: | ||
(1) engage in sexually predatory conduct; or | ||
(2) otherwise commit an offense described by Article | ||
62.001(5), Code of Criminal Procedure[ |
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SECTION 5. The Department of Public Safety shall ensure | ||
that the electronic mail report service required to be maintained | ||
under Article 62.0052, Code of Criminal Procedure, as added by this | ||
Act, becomes fully functional and able to receive subscription | ||
requests and shall begin to respond appropriately to those requests | ||
not later than January 1, 2012. | ||
SECTION 6. (a) Not later than September 15, 2011, the | ||
Department of Public Safety shall issue a request for | ||
qualifications or proposal for the purchase of any monitoring | ||
system equipment necessary to operate the monitoring system program | ||
described by Article 62.063, Code of Criminal Procedure, as added | ||
by this Act. The department may consider only those responses to | ||
the request for qualifications or proposal that are received from, | ||
and may only contract with, a manufacturer of the monitoring system | ||
equipment. | ||
(b) The selection process through which the Department of | ||
Public Safety chooses a manufacturer with which to contract under | ||
Subsection (a) of this section must include side-by-side test | ||
comparisons of all products being considered. In awarding a | ||
contract under Subsection (a) of this section, the department may | ||
not give greater weight to cost considerations than to | ||
considerations concerning the product test results, product | ||
reliability and functionality, and the protection of public safety. | ||
(c) Subject to the receipt of one or more grants awarded by | ||
the criminal justice division of the governor's office, the | ||
Department of Public Safety shall ensure that the monitoring system | ||
program required under Article 62.063, Code of Criminal Procedure, | ||
as added by this Act, becomes fully operational not later than | ||
February 29, 2012. | ||
SECTION 7. This Act takes effect immediately if it receives | ||
a vote of two-thirds of all the 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, this | ||
Act takes effect September 1, 2011. |