Bill Text: TX HB2879 | 2017-2018 | 85th Legislature | Introduced
Bill Title: Relating to treatment and registration of juveniles adjudicated for a sexual offense.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2017-04-12 - Left pending in committee [HB2879 Detail]
Download: Texas-2017-HB2879-Introduced.html
By: Dutton | H.B. No. 2879 |
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relating to treatment and registration of juveniles adjudicated for | ||
a sexual offense. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Article 62.001, Chapter 62, Code of Criminal | ||
Procedure, is amended by amending Subdivisions (5) and (10) and | ||
adding Subdivision (5-a) to read as follows: | ||
(5) "Reportable conviction [ |
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conviction [ |
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the pendency of an appeal, is a conviction for or [ |
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(A) a violation of Section 21.02 (Continuous | ||
sexual abuse of young child or children), 21.11 (Indecency with a | ||
child), 22.011 (Sexual assault), 22.021 (Aggravated sexual | ||
assault), or 25.02 (Prohibited sexual conduct), Penal Code; | ||
(B) a violation of Section 43.05 (Compelling | ||
prostitution), 43.25 (Sexual performance by a child), or 43.26 | ||
(Possession or promotion of child pornography), Penal Code; | ||
(B-1) a violation of Section 43.02 | ||
(Prostitution), Penal Code, if the offense is punishable under | ||
Subsection (c)(3) of that section; | ||
(C) a violation of Section 20.04(a)(4) | ||
(Aggravated kidnapping), Penal Code, if the actor committed the | ||
offense or engaged in the conduct with intent to violate or abuse | ||
the victim sexually; | ||
(D) a violation of Section 30.02 (Burglary), | ||
Penal Code, if the offense or conduct is punishable under | ||
Subsection (d) of that section and the actor committed the offense | ||
or engaged in the conduct with intent to commit a felony listed in | ||
Paragraph (A) or (C); | ||
(E) a violation of Section 20.02 (Unlawful | ||
restraint), 20.03 (Kidnapping), or 20.04 (Aggravated kidnapping), | ||
Penal Code, if, as applicable: | ||
(i) the judgment in the case contains an | ||
affirmative finding under Article 42.015; or | ||
(ii) the order in the hearing or the papers | ||
in the case contain an affirmative finding that the victim or | ||
intended victim was younger than 17 years of age; | ||
(F) the second violation of Section 21.08 | ||
(Indecent exposure), Penal Code, but not if the second violation | ||
results in a deferred adjudication; | ||
(G) an attempt, conspiracy, or solicitation, as | ||
defined by Chapter 15, Penal Code, to commit an offense or engage in | ||
conduct listed in Paragraph (A), (B), (C), (D), (E), or (K); | ||
(H) a violation of the laws of another state, | ||
federal law, the laws of a foreign country, or the Uniform Code of | ||
Military Justice for or based on the violation of an offense | ||
containing elements that are substantially similar to the elements | ||
of an offense listed under Paragraph (A), (B), (B-1), (C), (D), (E), | ||
(G), (J), or (K), but not if the violation results in a deferred | ||
adjudication; | ||
(I) the second violation of the laws of another | ||
state, federal law, the laws of a foreign country, or the Uniform | ||
Code of Military Justice for or based on the violation of an offense | ||
containing elements that are substantially similar to the elements | ||
of the offense of indecent exposure, but not if the second violation | ||
results in a deferred adjudication; | ||
(J) a violation of Section 33.021 (Online | ||
solicitation of a minor), Penal Code; or | ||
(K) a violation of Section 20A.02(a)(3), (4), | ||
(7), or (8) (Trafficking of persons), Penal Code. | ||
(5-a) "Reportable adjudication" has the meaning | ||
assigned by Section 54A.01(2), Family Code. | ||
(10) "Extrajurisdictional registrant" means a person | ||
who: | ||
(A) is required to register as a sex offender | ||
under: | ||
(i) the laws of another state with which the | ||
department has entered into a reciprocal registration agreement; | ||
(ii) federal law or the Uniform Code of | ||
Military Justice; or | ||
(iii) the laws of a foreign country; and | ||
(B) is not otherwise required to register under | ||
this chapter because: | ||
(i) the person does not have a reportable | ||
conviction for an offense under the laws of the other state, federal | ||
law, the laws of the foreign country, or the Uniform Code of | ||
Military Justice containing elements that are substantially | ||
similar to the elements of an offense requiring registration under | ||
this chapter[ |
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SECTION 2. Article 62.002, Chapter 62, Code of Criminal | ||
Procedure, is amended to read as follows: | ||
Art. 62.002. APPLICABILITY OF CHAPTER. (a) This chapter | ||
applies only to a reportable conviction [ |
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on or after September 1, 1970 or an order to register under Chapter | ||
54A, Family Code. | ||
(b) Except as provided by Subsection (c), the duties imposed | ||
on a person required to register under this chapter on the basis of | ||
a reportable conviction or order to register under Chapter 54A, | ||
Family Code [ |
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of other entities in relation to the person required to register on | ||
the basis of that conviction, or order to register under Chapter | ||
54A, Family Code [ |
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(1) an appeal of the conviction or of the reportable | ||
adjudication the subject of an order to register under Chapter 54A, | ||
Family Code; or | ||
(2) a pardon of the conviction or of the reportable | ||
adjudication the subject of an order to register under Chapter 54A. | ||
(c) If a conviction or reportable adjudication the subject | ||
of an order to register under Chapter 54A, Family Code | ||
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chapter is set aside on appeal by a court or if the person required | ||
to register under this chapter on the basis of a conviction or | ||
reportable adjudication the subject of an order to register under | ||
Chapter 54A, Family Code receives a pardon on the basis of | ||
subsequent proof of innocence, the duties imposed on the person by | ||
this chapter and the corresponding duties and powers of other | ||
entities in relation to the person are terminated. | ||
SECTION 3. Article 62.005, Chapter 62, Code of Criminal | ||
Procedure is amended by amending Subsection (b) to read as follows: | ||
(b) The information contained in the database, including | ||
the numeric risk level assigned to a person under this chapter, is | ||
public information, with the exception of any information: | ||
(1) regarding the person's social security number or | ||
driver's license number, or any home, work, or cellular telephone | ||
number of the person; | ||
(2) that is described by Article 62.051(c)(7) or | ||
required by the department under Article 62.051(c)(8), including | ||
any information regarding an employer's name, address, or telephone | ||
number; [ |
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(3) that would identify the victim of the offense for | ||
which the person is subject to registration; or | ||
(4) that pertains to a person whose duty to register | ||
results from an order to register under Chapter 54A, Family Code. | ||
SECTION 4. Article 62.007, Chapter 62, Code of Criminal | ||
Procedure is amended by amending Subsection (g) to read as follows: | ||
(g) The numeric risk level assigned to a person required to | ||
register on the basis of a reportable conviction, using the sex | ||
offender screening tool described by this article is not | ||
confidential and is subject to disclosure under Chapter 552, | ||
Government Code. | ||
SECTION 5. Article 62.051, Chapter 62, Code of Criminal | ||
Procedure is amended by amending Subsections (a) and (i) to read as | ||
follows: | ||
Art. 62.051. REGISTRATION: GENERAL. (a) A person who has a | ||
reportable conviction or has been ordered to register under Chapter | ||
54A, Family Code [ |
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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. | ||
(i) If the other state has a registration requirement for | ||
sex offenders, a person who has a reportable conviction, or | ||
reportable 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. | ||
SECTION 6. Article 62.052, Chapter 62, Code of Criminal | ||
Procedure is amended by amending Subsection (a) to read as follows: | ||
Art. 62.052. REGISTRATION: EXTRAJURISDICTIONAL | ||
REGISTRANTS. (a) An extrajurisdictional registrant is required to | ||
comply with the annual verification requirements of Article 62.058 | ||
in the same manner as a person who is required to verify | ||
registration on the basis of a reportable conviction or an order to | ||
register under Chapter 54A, Family Code [ |
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SECTION 7. Article 62.053, Chapter 62, Code of Criminal | ||
Procedure, is amended by amending Subsections (a) and (d) to read as | ||
follows: | ||
Art. 62.053. PRERELEASE NOTIFICATION. (a) Before a person | ||
who will be subject to registration under this chapter is due to be | ||
released from a penal institution, 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 [ |
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younger than 14 years of age occurring on or after September 1, | ||
2013; | ||
(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. | ||
(d) If a person who has a reportable conviction described by | ||
Article 62.001(5)(H) or (I) 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 | ||
is required to register under Chapter 54A, Family Code [ |
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Department [ |
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under contract with the Texas Juvenile Justice Department [ |
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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. | ||
SECTION 8. Article 62.054, Chapter 62, Code of Criminal | ||
Procedure, is amended to read as follows: | ||
Art. 62.054. CIRCUMSTANCES REQUIRING NOTICE TO | ||
SUPERINTENDENT OR SCHOOL ADMINISTRATOR. (a) A local law | ||
enforcement authority shall provide notice to the superintendent | ||
and each administrator under Article 62.053(e) or 62.055(f) only | ||
if: | ||
(1) the victim was at the time of the offense a child | ||
younger than 17 years of age or a student enrolled in a public or | ||
private secondary school; | ||
(2) the person subject to registration is a student | ||
enrolled in a public or private secondary school; or | ||
(3) the basis on which the person is subject to | ||
registration is a conviction, a deferred adjudication, or an order | ||
to register under Chapter 54A, Family Code [ |
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Penal Code, or an offense under the laws of another state, federal | ||
law, or the Uniform Code of Military Justice that contains elements | ||
substantially similar to the elements of an offense under either of | ||
those sections. | ||
(b) A local law enforcement authority may not provide notice | ||
to the superintendent or any administrator under Article 62.053(e) | ||
or 62.055(f) if the basis on which the person is subject to | ||
registration is a conviction, a deferred adjudication, or an order | ||
to register under Chapter 54A, Family Code [ |
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or an offense under the laws of another state, federal law, or the | ||
Uniform Code of Military Justice that contains elements | ||
substantially similar to the elements of an offense under that | ||
section. | ||
SECTION 9. Article 62.056, Chapter 62, Code of Criminal | ||
Procedure, is amended by amending Subsection (c) to read as | ||
follows: | ||
(c) The department shall establish procedures for a person | ||
with respect to whom notice is provided under Subsection (a), other | ||
than a person subject to registration on the basis of an order to | ||
register under Chapter 54A, Family Code [ |
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department in providing the notice. The person shall pay those | ||
costs in accordance with the procedures established under this | ||
subsection. | ||
SECTION 10. Article 62.062, Chapter 62, Code of Criminal | ||
Procedure, is amended to read as follows: | ||
Art. 62.062. LIMITATION ON NEWSPAPER PUBLICATION. A [ |
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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 | ||
an order to register under Chapter 54A, Family Code [ |
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SECTION 11. Article 62.063, Chapter 62, Code of Criminal | ||
Procedure, is amended by amending Subsections (b) to read as | ||
follows: | ||
Text of subsection effective on January 01, 2017 | ||
(b) A person subject to registration under this chapter | ||
because of a reportable conviction [ |
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affirmative finding is entered under Article 42.015(b) or | ||
42A.105(a), as appropriate, may not, for compensation: | ||
(1) operate or offer to operate a bus; | ||
(2) provide or offer to provide a passenger taxicab or | ||
limousine transportation service; | ||
(3) provide or offer to provide any type of service in | ||
the residence of another person unless the provision of service | ||
will be supervised; or | ||
(4) operate or offer to operate any amusement ride. | ||
SECTION 12. Article 62.101, Chapter 62, Code of Criminal | ||
Procedure, is amended by amending Subsections (a), and (c) and | ||
adding Subsection (d) to read as follows: | ||
Art. 62.101. 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 [ |
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(1) a sexually violent offense; | ||
(2) an offense under Section 20A.02(a)(3), (4), (7), | ||
or (8), 25.02, 43.05(a)(2), or 43.26, Penal Code; | ||
(3) an offense under Section 21.11(a)(2), Penal Code, | ||
if before or after the person is convicted or adjudicated for the | ||
offense under Section 21.11(a)(2), Penal Code, the person receives | ||
or has received another reportable conviction [ |
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or conduct that requires registration under this chapter; | ||
(4) an offense under Section 20.02, 20.03, or 20.04, | ||
Penal Code, if: | ||
(A) the judgment in the case contains an | ||
affirmative finding under Article 42.015 or, for a deferred | ||
adjudication, the papers in the case contain an affirmative finding | ||
that the victim or intended victim was younger than 17 years of age; | ||
and | ||
(B) before or after the person is convicted or | ||
adjudicated for the offense under Section 20.02, 20.03, or 20.04, | ||
Penal Code, the person receives or has received another reportable | ||
conviction [ |
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registration under this chapter; or | ||
(5) an offense under Section 43.23, Penal Code, that | ||
is punishable under Subsection (h) of that section. | ||
(c) Except as provided by Subchapter I, the duty to register | ||
for a person with a reportable conviction [ |
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offense other than an offense described by Subsection (a) ends[ |
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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. | ||
(d) Except as provided by Chapter 54A, the duty to register | ||
for a person ordered to register under Chapter 54A, Family Code, | ||
ends on the 5th anniversary of the date on which the disposition | ||
order is entered or the person completes the terms of the | ||
disposition, whichever is later. | ||
SECTION 13. Article 62.152, Chapter 62, Code of Criminal | ||
Procedure, is amended by amending Subsections (a) and (e) to read as | ||
follows: | ||
Art. 62.152. 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 is ordered to | ||
register under Chapter 54A, Family Code [ |
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(2) resides in another state; and | ||
(3) is employed, carries on a vocation, or is a student | ||
in this state. | ||
(e) Notwithstanding Subsection (a), this article does not | ||
apply to a person who has a reportable conviction [ |
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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. | ||
SECTION 14. Article 62.301, Chapter 62, Code of Criminal | ||
Procedure, is amended by amending Subsection (b) to read as | ||
follows: | ||
Text of subsection effective on January 01, 2017 | ||
(b) A person is eligible to petition the court as described | ||
by Subsection (a) if: | ||
(1) the person is required to register only as a result | ||
of a single reportable conviction [ |
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(2) the court has entered in the appropriate judgment | ||
or has filed with the appropriate papers a statement of an | ||
affirmative finding described by Article 42.017 or 42A.105(c). | ||
SECTION 15. Article 62.402, Chapter 62, Code of Criminal | ||
Procedure, is amended by amending Subsections (a), (b), and (c) to | ||
read as follows: | ||
Art. 62.401. DEFINITION. In this subchapter, "council" | ||
means the Council on Sex Offender Treatment. | ||
Art. 62.402. DETERMINATION OF MINIMUM REQUIRED | ||
REGISTRATION PERIOD. (a) The department by rule shall determine | ||
the minimum required registration period under federal law for each | ||
reportable conviction under this chapter, or reportable | ||
adjudication the basis for an order to register under Chapter 54A, | ||
Family Code [ |
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(b) After determining the minimum required registration | ||
period for each reportable conviction or reportable adjudication | ||
under Subsection (a), the department shall compile and publish a | ||
list of reportable convictions, and shall compile a nonpublic list | ||
of [ |
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register under Chapter 54A for which a person must register under | ||
this chapter for a period that exceeds the minimum required | ||
registration period under federal law. | ||
(c) To the extent possible, the department shall | ||
periodically verify with the United States Department of Justice's | ||
Office of Sex Offender Sentencing, Monitoring, Apprehending, | ||
Registering, and Tracking or another appropriate federal agency or | ||
office the accuracy of the list of reportable convictions or | ||
reportable adjudications described by Subsection (b). | ||
SECTION 16. Article 62.403, Chapter 62, Code of Criminal | ||
Procedure, is amended by amending Subsections (a) and (b) to read as | ||
follows: | ||
Art. 62.403. INDIVIDUAL RISK ASSESSMENT. (a) The council | ||
by rule shall establish, develop, or adopt an individual risk | ||
assessment tool or a group of individual risk assessment tools | ||
that: | ||
(1) evaluates the criminal history of a person | ||
required to register under this chapter; and | ||
(2) seeks to predict: | ||
(A) the likelihood that the person will engage in | ||
criminal activity that may result in the person receiving a second | ||
or subsequent reportable [ |
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(B) the continuing danger, if any, that the | ||
person poses to the community. | ||
(b) On the written request of a person with a single | ||
reportable [ |
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published under Article 62.402(b), the council shall: | ||
(1) evaluate the person using the individual risk | ||
assessment tool or group of individual risk assessment tools | ||
established, developed, or adopted under Subsection (a); and | ||
(2) provide to the person a written report detailing | ||
the outcome of an evaluation conducted under Subdivision (1). | ||
SECTION 17. Article 62.404, Chapter 62, Code of Criminal | ||
Procedure, is amended by amending Subsections (a) and (b) to read as | ||
follows: | ||
Art. 62.404. MOTION FOR EARLY TERMINATION. (a) A person | ||
required to register under this chapter who has requested and | ||
received an individual risk assessment under Article 62.403 may | ||
file with the trial court that sentenced the person for the | ||
reportable conviction [ |
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termination of the person's obligation to register under this | ||
chapter. | ||
(b) A motion filed under this article must be accompanied | ||
by: | ||
(1) a written explanation of how the reportable | ||
conviction [ |
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registration under this chapter qualifies as a reportable | ||
conviction [ |
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under Article 62.402(b); and | ||
(2) a certified copy of a written report detailing the | ||
outcome of an individual risk assessment evaluation conducted under | ||
Article 62.403(b)(1). | ||
SECTION 18. Article 62.405, Chapter 62, Code of Criminal | ||
Procedure, is amended by amending Subsection (b) to read as | ||
follows: | ||
(b) The court may not grant a motion filed under Article | ||
62.404 if: | ||
(1) the motion is not accompanied by the documents | ||
required under Article 62.404(b); or | ||
(2) the court determines that the reportable | ||
conviction [ |
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register under this chapter is not a reportable conviction [ |
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period that exceeds the minimum required registration period under | ||
federal law. | ||
SECTION 19. Article 62.408, Chapter 62, Code of Criminal | ||
Procedure, is amended to read as follows: | ||
Art. 62.408. NONAPPLICABILITY. This subchapter does not | ||
apply to a person without a reportable conviction [ |
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who is required to register as a condition of parole, release to | ||
mandatory supervision, or community supervision. | ||
SECTION 20. Section 37.302, Education Code, is amended by | ||
amending Subdivision (2) to read as follows: | ||
Sec. 37.302. Applicability. | ||
This subchapter: | ||
(1) applies to a student who is required to register as a sex | ||
offender under Chapter 54A, Family Code or Chapter 62, Code of | ||
Criminal Procedure; and | ||
(2) does not apply to a student who is no longer required to | ||
register as a sex offender under Chapter 54A, Family Code or Chapter | ||
62, Code of Criminal Procedure[ |
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SECTION 21. Section 37.303, Education Code, is amended to | ||
read as follows: | ||
Sec. 37.303. REMOVAL OF REGISTERED SEX OFFENDER FROM | ||
REGULAR CLASSROOM. | ||
Notwithstanding any provision of Subchapter A, on receiving | ||
notice under Article 15.27, Code of Criminal Procedure, or Chapter | ||
62, Code of Criminal Procedure, that a student is required to | ||
register as a sex offender under that chapter, a school district may | ||
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the appropriate placement of the student in the manner provided by | ||
this subchapter. | ||
SECTION 22. Section 37.305, Education Code, is redesignated | ||
as Section 37.304, Education Code and amended to read as follows: | ||
Sec. 37.304 [ |
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A school district may place a student to whom this subchapter | ||
applies [ |
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appropriate alternative education program as provided by Section | ||
37.309 for one semester or in the regular classroom. The district | ||
may not place the student in the regular classroom if the district | ||
board of trustees determines that the student's presence in the | ||
regular classroom: (1) threatens the safety of other students or | ||
teachers; | ||
(2) will be detrimental to the educational process; or | ||
(3) is not in the best interests of the district's students. | ||
SECTION 23. Section 37.306, Education Code, is redesignated | ||
as Section 37.305, Education Code and amended by amending | ||
Subsection (a) to read as follows: | ||
Sec. 37.305 [ |
||
EDUCATION PROGRAM. | ||
(a) At the end of the first semester of a student's | ||
placement in an alternative education program under Section 37.304 | ||
[ |
||
committee to review the student's placement in the alternative | ||
education program. The committee must be composed of: (1) a | ||
classroom teacher from the campus to which the student would be | ||
assigned were the student not placed in an alternative education | ||
program; | ||
(2) the student's parole or probation officer or, in the | ||
case of a student who does not have a parole or probation officer, a | ||
representative of the local juvenile probation department; | ||
(3) an instructor from the alternative education program to | ||
which the student is assigned; | ||
(4) a school district designee selected by the board of | ||
trustees; and | ||
(5) a school counselor employed by the school district. | ||
SECTION 24. Section 37.307, Education Code, is redesignated | ||
as Section 37.306, Education Code and amended by amending | ||
Subsection (b) to read as follows: | ||
Sec. 37.306 [ |
||
DISABILITY. | ||
(b) The review under Section 37.305 [ |
||
placement of a student with a disability who receives special | ||
education services may be made only by a duly constituted | ||
admission, review, and dismissal committee. The admission, review, | ||
and dismissal committee may request that the board of trustees | ||
convene a committee described by Section 37.305(a) [ |
||
assist the admission, review, and dismissal committee in conducting | ||
the review. | ||
SECTION 25. Section 37.308, Education Code, is redesignated | ||
as Section 37.307, Education Code and amended to read as follows: | ||
Sec. 37.307 [ |
||
Except as provided by Section 37.304(b), a school district | ||
shall determine whether to place a student to whom this subchapter | ||
applies and who transfers to the district in the appropriate | ||
alternative education program as provided by Section 37.308 | ||
[ |
||
follow the procedures specified under Section 37.305 [ |
||
making the determination. | ||
SECTION 26. Section 37.309, Education Code, is redesignated | ||
as Section 37.308, Education Code. | ||
SECTION 27. Section 51.073(d-1), Family Code, is amended to | ||
read as follows: | ||
(d-1) On the final transfer of a case involving a child who | ||
has been adjudicated as having committed an offense for which | ||
registration is [ |
||
|
||
jurisdiction to conduct a hearing under that chapter. This | ||
subsection does not prohibit the receiving county juvenile court | ||
from considering the written recommendations of the sending county | ||
juvenile court. | ||
SECTION 28. Section 54.03, Family Code, is amended by | ||
adding Subsection (k) to read as follows: | ||
(k) If the court or jury found at the conclusion of the | ||
adjudication hearing that the child engaged in delinquent conduct | ||
that constitutes a reportable adjudication under Section | ||
54A.01(2), the child is not required to register as a sex offender | ||
unless there is a court order requiring registration under Chapter | ||
54A. | ||
SECTION 29. Section 54.0405, Family Code, is amended by | ||
amending Subsections (a), (b), (c), (g), and (i) and adding | ||
Subsections (j) to read as follows: | ||
Sec. 54.0405. CHILD PLACED ON PROBATION FOR CONDUCT | ||
CONSTITUTING SEXUAL OFFENSE. (a) If a court or jury makes a | ||
disposition under Section 54.04 in which a child described by | ||
Subsection (b) is placed on probation the court: | ||
(1) may require as a condition of probation that the | ||
child: | ||
(A) attend and successfully complete sex | ||
offender treatment[ |
||
|
||
(B) submit to a polygraph examination as provided | ||
by Subsection (f) for purposes of evaluating the child's treatment | ||
progress; and | ||
(2) shall require as a condition of probation that the | ||
child[ |
||
|
||
|
||
[ |
||
the Department of Public Safety under Subchapter G, Chapter 411, | ||
Government Code, for the purpose of creating a DNA record of the | ||
child, unless the child has already submitted the required specimen | ||
under other state law. | ||
(b) This section applies to a child placed on probation for | ||
conduct constituting an offense for which the child is ordered | ||
[ |
||
[ |
||
(c) Sex offender treatment [ |
||
required as a condition of probation under Subsection (a) must be | ||
with an individual or organization that: | ||
(1) provides sex offender treatment [ |
||
(2) is a sex offender treatment provider, as defined | ||
by Section 110.001(7), Occupations Code, specified by the local | ||
juvenile probation department supervising the child; and | ||
(3) meets minimum standards of sex offender treatment | ||
[ |
||
department in accordance with guidelines established by the council | ||
on sex offender treatment providers and licensing or registry | ||
standards. | ||
(g) A court that requires [ |
||
a child attend sex offender treatment [ |
||
under Subsection (a) may order the parent or guardian of the child | ||
to: | ||
(1) attend four sessions of instruction with an | ||
individual or organization specified by the court relating to: | ||
(A) sexual offenses; | ||
(B) family communication skills; | ||
(C) sex offender treatment; | ||
(D) victims' rights; | ||
(E) parental supervision; and | ||
(F) appropriate sexual behavior; and | ||
(2) during the period the child attends sex offender | ||
treatment [ |
||
treatment groups conducted by the child's treatment provider | ||
relating to the child's sex offender treatment [ |
||
|
||
(i) A court that requires as a condition of probation that a | ||
child attend sex offender treatment [ |
||
under Subsection (a) may, before the date the probation period | ||
ends, extend the probation for any additional period necessary to | ||
complete the required treatment [ |
||
treatment provider, except that the probation may not be extended | ||
to a date after the date of the child's 18th birthday, or 19th | ||
birthday if the child is placed on determinate sentence probation | ||
under Section 54.04(q). | ||
(j) A court that requires that a child attend sex offender | ||
treatment under Subsection (a) shall require the individual or | ||
organization specified by the court to promptly provide upon | ||
request by the prosecuting attorney, the child's attorney or the | ||
juvenile probation department a copy of a report that: | ||
(1) describes the treatment of the child provided by | ||
the individual or organization; and | ||
(2) states the opinion of the treatment provider | ||
whether the child would benefit from further treatment, or should | ||
be successfully or unsuccessfully discharged from further | ||
treatment. | ||
SECTION 30. Section 54.0501, Family Code, is amended by | ||
amending Subsections (g) and (h) to read as follows: | ||
(g) If the juvenile court places the child on probation for | ||
an offense for which registration as a sex offender may be ordered | ||
under Chapter 54A [ |
||
|
||
|
||
|
||
orders under Chapter 54A [ |
||
|
||
court to which probation is transferred. | ||
(h) If the juvenile court places the child on probation for | ||
an offense for which registration as a sex offender may be ordered | ||
under Chapter 54A [ |
||
|
||
order early termination of registration [ |
||
|
||
|
||
court to which probation is transferred. | ||
SECTION 31. Title 3, Family Code, is amended by adding | ||
Chapter 54A to read as follows: | ||
CHAPTER 54A. JUVENILE SEX OFFENDER REGISTRATION | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 54A.01. DEFINITIONS. In this chapter: | ||
(1) "Public or private institution of higher | ||
education" includes a college, university, community college, or | ||
technical or trade institute. | ||
(2) "Reportable adjudication" means an adjudication | ||
of delinquent conduct that, regardless of the pendency of an | ||
appeal, is an adjudication based on: | ||
(A) a violation of Section 21.02 (Continuous | ||
sexual abuse of young child or children), 21.11 (Indecency with a | ||
child), 22.011 (Sexual assault), 22.021 (Aggravated sexual | ||
assault), or 25.02 (Prohibited sexual conduct), Penal Code; | ||
(B) a violation of Section 43.05 (Compelling | ||
prostitution), 43.25 (Sexual performance by a child), or 43.26 | ||
(Possession or promotion of child pornography), Penal Code; | ||
(C) a violation of Section 20.04(a)(4) | ||
(Aggravated kidnapping), Penal Code, if the actor committed the | ||
offense or engaged in the conduct with intent to violate or abuse | ||
the victim sexually; | ||
(D) a violation of Section 30.02 (Burglary), | ||
Penal Code, if the offense or conduct is punishable under | ||
Subsection (d) of that section and the actor committed the offense | ||
or engaged in the conduct with intent to commit a felony listed in | ||
Paragraph (A) or (C); | ||
(E) the second violation of Section 21.08 | ||
(Indecent exposure), Penal Code; | ||
(F) an attempt, conspiracy, or solicitation, as | ||
defined by Chapter 15, Penal Code, to commit an offense or engage in | ||
conduct listed in Paragraph (A), (B), (C), (D), or (J); | ||
(G) a violation of the laws of another state, | ||
federal law, the laws of a foreign country for or based on the | ||
violation of an offense containing elements that are substantially | ||
similar to the elements of an offense listed under Paragraph (A), | ||
(B), (C), (D), (F), (I), or (J); | ||
(H) the second violation of the laws of another | ||
state, federal law, the laws of a foreign country for or based on | ||
the violation of an offense containing elements that are | ||
substantially similar to the elements of the offense of indecent | ||
exposure; | ||
(I) a violation of Section 33.021 (Online | ||
solicitation of a minor), Penal Code; or | ||
(J) a violation of Section 20A.02(a)(3), (4), | ||
(7), or (8) (Trafficking of persons), Penal Code. | ||
SUBCHAPTER B. JUVENILE SEX OFFENDER REGISTRATION | ||
Sec. 54A.02. MOTION AND HEARING ON SEX OFFENDER | ||
REGISTRATION. (a) After a disposition hearing for a reportable | ||
offense described in 54A.01(2), the prosecuting attorney may file a | ||
written motion requesting a hearing to require the child to | ||
register as a sex offender: | ||
(1) upon receipt of a report described in Section | ||
54.0405(j) or 245.053(j), Human Resources Code from a licensed sex | ||
offender treatment provider, as that term is defined in Section | ||
110.001(7), Occupations Code, that the child has been | ||
unsuccessfully discharged from sex offender treatment; or | ||
(2) if the child has been adjudicated to have engaged | ||
in delinquent conduct for an offense listed in Section 54A.01(2), | ||
subsequent to a prior adjudication for an offense listed in Section | ||
54A.01(2) for which the child has had an opportunity to complete | ||
court-ordered sex offender treatment. | ||
(b) A hearing under this Chapter is without a jury, and the | ||
burden of persuasion is on the prosecuting attorney to show by a | ||
preponderance of evidence that: | ||
(1) the protection of the public would be increased by | ||
registration under this section; and | ||
(2) any increase in protection of the public resulting | ||
from registration of the child clearly outweighs the anticipated | ||
substantial harm to the child and the child's family that would | ||
result from registration under this Chapter. | ||
(c) Reasonable notice of a hearing to require sex offender | ||
registration shall be given to all parties. | ||
(d) The court at the hearing shall: | ||
(1) consider all relevant evidence, including but not | ||
limited to: | ||
(i) the commission by the child of any other | ||
sexual offense listed in Section 54A.01(2); | ||
(ii) the conduct of the child in the | ||
commission of the offense or offenses which are the subject of the | ||
adjudication; | ||
(iii) any physical, mental or emotional | ||
harm to the victim as a result of the child's conduct; | ||
(iv) the age of the child at the time of the | ||
commission of the offense or offenses; and | ||
(2) make its determination based on: | ||
(i) the receipt of exhibits; | ||
(ii) the testimony of witnesses; | ||
(iii) representations of counsel for the | ||
parties; or | ||
(iv) the contents of a social history | ||
report prepared by the juvenile probation department that may | ||
include the results of testing and examination of the child by a | ||
psychologist, psychiatrist, or counselor. | ||
(e) All written matter considered by the court shall be | ||
disclosed to all parties as provided by Section 54.04(b). | ||
Sec. 54A.03. ORDER GENERALLY. (a) After a hearing under | ||
Section 54A.02, if the court determines that the protection of the | ||
public would be increased by registration under this Chapter and | ||
any increase in protection of the public resulting from | ||
registration of the child clearly outweighs the anticipated | ||
substantial harm to the child and the child's family that would | ||
result from registration under this section, the court shall enter | ||
an order requiring a child to register as a sex offender in | ||
accordance with the registration procedures set out in Chapter 62, | ||
Code of Criminal Procedure, but providing that the registration | ||
information is not public information and is restricted to use by | ||
law enforcement and criminal justice agencies, the Council on Sex | ||
Offender Treatment, the Department of Family and Protective | ||
Services, and public or private institutions of higher education | ||
and may not be posted on the internet or released to the public in | ||
any manner. | ||
(b) After a hearing under this Chapter, if the court finds | ||
the prosecuting attorney has not met its burden regarding | ||
registration, the court shall enter an order so stating and the | ||
child shall not be required to register. | ||
SUBCHAPTER C. REGISTRATION FOR CERTAIN PERSONS | ||
Sec. 54A.04. PERSONS ALREADY REGISTERED. A person who has | ||
registered under Chapter 62, Code of Criminal Procedure as a sex | ||
offender for an adjudication of delinquent conduct prior to | ||
September 1, 2017 and whose registration is on a public registry, | ||
shall be automatically removed from the public registry and that | ||
person's registration shall become nonpublic. | ||
Sec. 54A.05. MOTION, HEARING, AND ORDER CONCERNING PERSON | ||
WITH AN OUT-OF-STATE ADJUDICATION. The prosecuting attorney may | ||
file a motion requesting sex offender registration of a person with | ||
an out-of-state adjudication for an offense listed in Section | ||
54A.01(2). The motion may be filed in the juvenile court of the | ||
person's county of residence. On receipt of a motion under this | ||
subsection, the juvenile court shall conduct a hearing and make | ||
rulings as in other cases under 54A.02. | ||
SUBCHAPTER D. APPEAL OF CERTAIN ORDERS | ||
Sec. 54A.06. APPEAL OF CERTAIN ORDERS. (a) | ||
Notwithstanding Section 56.01, Family Code, on entry by a juvenile | ||
court of an order under Section 54A.03(b) or Section 54A.05(a) | ||
denying the state's motion to require registration, 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 person from | ||
registration under this chapter. The appeal is limited to review of | ||
the order denying the person from registration under this chapter | ||
and may not include any other issues in the case. | ||
(b) A child may under Section 56.01, Family Code, appeal a | ||
juvenile court's order under Section 54A.03(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 ordering registration. | ||
SUBCHAPTER E. EARLY TERMINATION OF OBLIGATION TO REGISTER | ||
Sec. 54A.07. DEFINITION. In this subchapter, "council" | ||
means the Council on Sex Offender Treatment. | ||
Sec. 54A.08. INDIVIDUAL RISK ASSESSMENT. (a) The council | ||
by rule shall establish, develop, or adopt an individual risk | ||
assessment tool or a group of individual risk assessment tools | ||
that: | ||
(1) evaluates the criminal history of a person | ||
required to register under this chapter; and | ||
(2) seeks to predict: | ||
(A) the likelihood that the person will engage in | ||
criminal activity that may result in the person receiving a second | ||
or subsequent reportable adjudication; and | ||
(B) the continuing danger, if any, that the | ||
person poses to the community. | ||
(b) On the written request of a person with a single | ||
reportable adjudication that appears on the nonpublic list compiled | ||
by the Department of Public Safety under Article 62.402(b), the | ||
council shall: | ||
(1) evaluate the person using the individual risk | ||
assessment tool or group of individual risk assessment tools | ||
established, developed, or adopted under Subsection (a); and | ||
(2) provide to the person a written report detailing | ||
the outcome of an evaluation conducted under Subdivision (1). | ||
Sec. 54A.09. MOTION FOR EARLY TERMINATION OF OBLIGATION TO | ||
REGISTER. A person ordered to register under this Chapter for a | ||
reportable adjudication, who has requested and received an | ||
individual risk assessment under Section 54A.08, may file a motion | ||
for early termination of the person's obligation to register under | ||
this Chapter with the juvenile court that adjudicated the person. | ||
(a) A motion filed under this section must be accompanied | ||
by: | ||
(1) A written explanation of how the reportable | ||
adjudication giving rise to the person's registration under this | ||
Chapter qualifies as a reportable adjudication; and | ||
(2) A certified copy of a written report detailing the | ||
outcome of an individual risk assessment evaluation conducted in | ||
accordance with Section 54A.08. | ||
Sec. 54A.10. HEARING ON PETITION. (a) After reviewing a | ||
motion filed with the juvenile court under Section 54A.09, the | ||
court may: | ||
(1) deny without a hearing the person's request for | ||
early termination; or | ||
(2) hold a hearing on the motion to determine whether | ||
to grant or deny the motion. | ||
(b) The court may not grant a motion filed under Section | ||
54A.09 if: | ||
(1) the motion is not accompanied by the documents | ||
required under Section 54A.09; or | ||
(2) the court determines that the reportable | ||
adjudication for which the person is ordered or required to | ||
register under this Chapter is not a reportable adjudication for | ||
which the person is required to register for a period that exceeds | ||
the minimum required registration period under federal law. | ||
Sec. 54A.11. COSTS OF INDIVIDUAL RISK ASSESSMENT AND OF | ||
COURT. A person required to register under this Chapter who files a | ||
motion for early termination of the person's registration | ||
obligation under this Chapter is responsible for and shall remit to | ||
the Council on Sex Offender Treatment and to the court, as | ||
applicable, all costs associated with and incurred by the council | ||
in providing the individual risk assessment or by the court in | ||
holding a hearing under Section 54A.10. | ||
Sec. 54A.12. EFFECT OF ORDER GRANTING EARLY TERMINATION. | ||
(a) If, after notice to the person and to the prosecuting attorney | ||
and a hearing, the court grants a motion filed under Section 54A.09 | ||
for early termination of a person's obligation to register under | ||
this Chapter, the person's obligation to register under this | ||
Chapter ends on the later of: | ||
(1) the date the court enters the order of early | ||
termination; or | ||
(2) the date the person has paid each cost described by | ||
Section 54A.11. | ||
(b) If the court grants a motion filed under Section 54A.09 | ||
for early termination of a person's obligation to register under | ||
this Chapter, all conditions of the person's parole, release to | ||
mandatory supervision, or community supervision shall be modified | ||
in accordance with the court's order. | ||
SUBCHAPTER F. CONFLICT OF LAW | ||
Sec. 54A.11 CONFLICT OF LAW. In the event of a conflict | ||
between this Chapter and a provision of Chapter 62, Government | ||
Code, the provisions of this Chapter shall prevail. | ||
SECTION 32. Section 58.003(n), Family Code is amended to | ||
read as follows: | ||
(n) A record created or maintained under Chapter 62, Code of | ||
Criminal Procedure as a result of registration based on an order | ||
issued under Chapter 54A, may not be sealed under this section if | ||
the person who is the subject of the record has a continuing | ||
obligation to register under Chapter 62, Code of Criminal Procedure | ||
[ |
||
SECTION 33. Section 411.1473, Government Code is amended by | ||
amending Subsection (a) to read as follows: | ||
Sec. 411.1473. DNA RECORDS OF CERTAIN REGISTERED SEX | ||
OFFENDERS. (a) This section applies only to a person who is | ||
required to register under Chapter 62, Code of Criminal Procedure | ||
as a result of a reportable conviction under that Chapter or a | ||
person who is ordered to register under Chapter 54A, Family Code. | ||
SECTION 34. Section 245.053, Human Resources Code, is | ||
amended by amending Subsections (a), (b), (c), (g), and (i) and | ||
adding Subsection (j) to read as follows: | ||
Sec. 245.053. SEX OFFENDER COUNSELING AND TREATMENT. (a) | ||
Before releasing a child described by Subsection (b) under | ||
supervision, the department: | ||
(1) may require as a condition of release that the | ||
child: | ||
(A) attend and successfully complete sex | ||
offender treatment, [ |
||
|
||
(B) submit to a polygraph examination as provided | ||
by Subsection (f) for purposes of evaluating the child's treatment | ||
progress; and | ||
(2) shall require as a condition of release that the | ||
child[ |
||
|
||
|
||
|
||
the Department of Public Safety under Subchapter G, Chapter 411, | ||
Government Code, for the purpose of creating a DNA record of the | ||
child, unless the child has already submitted the required specimen | ||
under other state law. | ||
(b) This section applies to a child adjudicated for engaging | ||
in delinquent conduct constituting an offense for which the child | ||
is ordered [ |
||
54A, Family Code [ |
||
(c) Sex offender treatment [ |
||
required as a condition of release under Subsection (a) must be with | ||
an individual or organization that: | ||
(1) provides sex offender treatment or counseling; | ||
(2) is a sex offender treatment provider, as defined | ||
by Section 110.001(7), Occupations Code, specified by the | ||
department; and | ||
(3) meets minimum standards of counseling established | ||
by the department in accordance with the guidelines established by | ||
the council on sex offender treatment providers and licensing or | ||
registry standards. | ||
(g) If the department requires as a condition of release | ||
that a child attend sex offender treatment [ |
||
|
||
court that committed the child to the department. After receiving | ||
notification from the department under this subsection, the court | ||
may order the parent or guardian of the child to: | ||
(1) attend four sessions of instruction with an | ||
individual or organization specified by the department relating to: | ||
(A) sexual offenses; | ||
(B) family communication skills; | ||
(C) sex offender treatment; | ||
(D) victims' rights; | ||
(E) parental supervision; and | ||
(F) appropriate sexual behavior; and | ||
(2) during the time the child attends sex offender | ||
treatment, [ |
||
treatment groups conducted by the child's treatment provider | ||
relating to the child's sex offender treatment [ |
||
|
||
(i) If the department requires as a condition of release | ||
that a child attend sex offender treatment [ |
||
|
||
date the period of release ends, petition the appropriate court to | ||
request the court to extend the period of release for an additional | ||
period necessary to complete the required sex offender treatment | ||
[ |
||
the release period may not be extended to a date after the date of | ||
the child's 18th birthday. | ||
(j) If the department requires as a condition of release | ||
that a child attend sex offender treatment under subsection (a), | ||
the department shall require the individual or organization | ||
specified by the department to promptly provide upon request of the | ||
department, the prosecuting attorney, or the child's attorney, a | ||
copy of a report that: | ||
(1) describes the treatment of the child provided by | ||
the individual or organization; and | ||
(2) states the opinion of the treatment provider | ||
whether the child would benefit from further treatment, or should | ||
be successfully discharged from further treatment. | ||
SECTION 35. Section 110.001, Occupations Code, is amended | ||
by adding Subdivision (7-a) to read as follows: | ||
(7-a) "Sexual behavior educator/paraprofessional" | ||
means a person, licensed by the council and recognized based on | ||
training and experience to provide psychoeducational and | ||
skills-based interventions to juveniles with sexual behavior | ||
problems who have been adjudicated or referred to a state agency or | ||
a court. | ||
SECTION 36. Section 110.151, Occupations Code, is amended | ||
by amending Subdivision (3) and adding Subdivision (2-a) to read as | ||
follows: | ||
Sec. 110.151. TREATMENT FOR SEX OFFENDERS. The council | ||
shall: | ||
(1) develop treatment strategies for sex offenders by | ||
evaluating in-state and out-of-state programs for sex offender | ||
treatment; | ||
(2) set standards for treatment of sex offenders that | ||
must be met by sex offender treatment providers to be eligible for a | ||
license under this chapter; | ||
(2-a) set standards for residential programs offering | ||
treatment to juveniles with sexual behavior problems; and | ||
(3) recommend to licensing and regulatory boards and | ||
to the directors of current programs methods of improving | ||
residential programs to meet council standards. | ||
SECTION 37. Section 110.152, Occupations Code, is amended | ||
by amending Subsection (2)(A) and adding Subdivision (A-1) to read | ||
as follows: | ||
Sec. 110.152. LIST AND LICENSE REQUIREMENTS. The council | ||
shall: | ||
(1) maintain a list of sex offender treatment | ||
providers under Section 110.161; and | ||
(2) develop and implement by rule under Subchapter G: | ||
(A) topic-specific training requirements for | ||
providers working with juveniles [ |
||
(A-1) license requirements; and | ||
(B) procedures for sex offender treatment | ||
providers. | ||
SECTION 38. Section 110.157, Occupations Code, is amended | ||
to read as follows: | ||
Sec. 110.157. CONTINUING EDUCATION PROGRAMS. The council | ||
shall design and conduct continuing education programs for sex | ||
offender treatment providers. Continuing education programs shall | ||
not serve as a substitute for the training curriculum required for | ||
initial licensure. Continuing education programs shall offer | ||
topics specific for specialized populations, including juveniles, | ||
females, and individuals with developmental or intellectual | ||
disabilities. | ||
SECTION 39. Section 110.164, Occupations Code, is amended | ||
by adding Subsection (c) to read as follows: | ||
(c) The council shall develop or adopt a dynamic risk | ||
assessment tool for use as part of an assessment battery to be | ||
administered in determining that a juvenile adjudicated for a | ||
sexual offense and ordered to register under Chapter 54A, Family | ||
Code, will be subject to registration requirements. | ||
SUBCHAPTER E. INTERAGENCY ADVISORY COMMITTEE | ||
SECTION 40. Section 110.302, Occupations Code, is amended | ||
by amending Subsection (c) to read as follows: | ||
(c) The Texas Board of Criminal Justice may vote to exempt | ||
employees of the Texas Department of Criminal Justice from a | ||
specific licensing requirement imposed under this section if the | ||
board determines that the requirement causes financial or | ||
operational hardship on the agency. The Texas Juvenile Justice | ||
Department [ |
||
commission from a licensing requirement imposed by this section for | ||
any reason. | ||
(c) The governing board of the Texas Juvenile Justice | ||
Department [ |
||
Texas Youth Commission from a specific licensing requirement | ||
imposed under this section if the board determines that the | ||
requirement causes financial or operational hardship on the agency. | ||
The Texas Board of Criminal Justice may not exempt any employee of | ||
the Texas Department of Criminal Justice from a licensing | ||
requirement imposed by this section for any reason. | ||
SECTION 41. Subchapter H, Chapter 62, Code of Criminal | ||
Procedure, is repealed. | ||
SECTION 42. Section 37.304, Education Code, as added by | ||
Acts 2007, 80th Leg., R.S., Ch. 1240 (H.B. 2532), Sec. 3, eff. June | ||
15, 2007, and as added by Acts 2007, 80th Leg., R.S., Ch. 1291 (S.B. | ||
6), Sec. 3, eff. September 1, 2007, is repealed. | ||
SECTION 43. This Act takes effect September 1, 2017. |