Bill Text: TX HB2575 | 2017-2018 | 85th Legislature | Engrossed

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Bill Title: Relating to certain requirements imposed on a sex offender who enters the premises of a school.

Sponsorship: Partisan Bill (Republican 4)

Status: (Engrossed - Dead) 2017-05-08 - Referred to Criminal Justice [HB2575 Detail]

Download: Texas-2017-HB2575-Engrossed.html

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By: Meyer, Fallon, et al. H.B. No. 2575

A BILL TO BE ENTITLED
AN ACT
relating to certain requirements imposed on a sex offender who
enters the premises of a school.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 62.053(a), Code of Criminal Procedure,
is amended to read as follows:
(a) Before a person who will be subject to registration
under this chapter is due to be released from a penal institution,
the Texas Department of Criminal Justice or the Texas Juvenile
Justice Department shall determine the person's level of risk to
the community using the sex offender screening tool developed or
selected under Article 62.007 and assign to the person a numeric
risk level of one, two, or three. Before releasing the person, an
official of the penal institution shall:
(1) inform the person that:
(A) not later than the later of the seventh day
after the date on which the person is released or after the date on
which the person moves from a previous residence to a new residence
in this state or not later than the 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 62.051(h) or (j) or 62.055(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
sex offenders;
(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;
(F) the person must notify appropriate entities
of any change in status as described by Article 62.057; [and]
(G) certain types of employment are prohibited
under Article 62.063 for a person with a reportable conviction or
adjudication for a sexually violent offense involving a victim
younger than 14 years of age occurring on or after September 1,
2013; and
(H) if the person enters or goes within 25 feet of
the premises of a school as described by Article 62.064 and is
subject to the requirements of that article, the person must
immediately notify the administrative office of the school of the
person's presence and the person's registration status under this
chapter;
(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.
SECTION 2. Article 62.058, Code of Criminal Procedure, is
amended by adding Subsection (g) to read as follows:
(g) A local law enforcement authority who provides a person
with a registration form for verification as required by this
chapter shall include with the form a statement and, if applicable,
a description of the person's duty to provide notice under Article
62.064.
SECTION 3. Subchapter B, Chapter 62, Code of Criminal
Procedure, is amended by adding Article 62.064 to read as follows:
Art. 62.064. ENTRY ONTO OR PRESENCE NEAR SCHOOL PREMISES;
NOTICE REQUIRED. (a) In this article:
(1) "Premises" means a building or portion of a
building and the grounds on which the building is located,
including any public or private driveway, street, sidewalk or
walkway, parking lot, or parking garage on the grounds.
(2) "School" has the meaning assigned by Section
481.134, Health and Safety Code.
(b) A person subject to registration under this chapter who
enters the premises of any school in this state or goes within 25
feet of the premises of a school in this state during the standard
operating hours of the school shall immediately notify the
administrative office of the school of the person's presence on the
premises of the school and the person's registration status under
this chapter. The office may provide a chaperon to accompany the
person while the person is on the premises of the school.
(c) The requirements of this article:
(1) are in addition to any requirement associated with
the imposition of a child safety zone on the person under Section
508.187, Government Code, or Article 42A.453; and
(2) do not apply to:
(A) a student enrolled at the school; or
(B) a student from another school participating
at an event at the school.
SECTION 4. The change in law made by this Act applies to a
person subject to registration under Chapter 62, Code of Criminal
Procedure, for an offense committed or conduct that occurs before,
on, or after the effective date of this Act.
SECTION 5. This Act takes effect September 1, 2017.