Bill Text: TX HB355 | 2017-2018 | 85th Legislature | Enrolled


Bill Title: Relating to prohibiting certain sex offenders from residing on the campus of a public or private institution of higher education.

Spectrum: Slight Partisan Bill (Republican 13-8)

Status: (Passed) 2017-06-01 - Effective on 9/1/17 [HB355 Detail]

Download: Texas-2017-HB355-Enrolled.html
 
 
  H.B. No. 355
 
 
 
 
AN ACT
  relating to prohibiting certain sex offenders from residing on the
  campus of a public or private institution of higher education.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter B, Chapter 62, Code of Criminal
  Procedure, is amended by adding Article 62.064 to read as follows:
         Art. 62.064.  PROHIBITED LOCATION OF RESIDENCE. A person
  subject to registration under this chapter may not reside on the
  campus of a public or private institution of higher education
  unless:
               (1)  the person is assigned a numeric risk level of one
  based on an assessment conducted using the sex offender screening
  tool developed or selected under Article 62.007; and
               (2)  the institution approves the person to reside on
  the institution's campus.
         SECTION 2.  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 and occurring on or after September 1,
  2013; and
                     (H)  certain locations of residence are
  prohibited under Article 62.064 for a person with a reportable
  conviction or adjudication for an offense occurring on or after
  September 1, 2017, except as otherwise provided by that article;
               (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 3.  Article 62.058, Code of Criminal Procedure, is
  amended by adding Subsection (g) to read as follows:
         (g)  A local law enforcement authority that provides to a
  person a registration form for verification as required by this
  chapter shall include with the form a statement describing the
  prohibition under Article 62.064.
         SECTION 4.  (a)  The change in law made by this Act in adding
  Article 62.064, Code of Criminal Procedure, applies only to a
  person who is required to register under Chapter 62, Code of
  Criminal Procedure, on the basis of a conviction or adjudication
  for an offense committed on or after the effective date of this Act.
  An offense committed before the effective date of this Act is
  governed by the law in effect on the date the offense was committed,
  and the former law is continued in effect for that purpose.
         (b)  A person who is required to register under Chapter 62,
  Code of Criminal Procedure, solely on the basis of a conviction or
  adjudication that occurs before the effective date of this Act is
  governed by the law in effect when the conviction or adjudication
  occurred, and the former law is continued in effect for that
  purpose.
         SECTION 5.  This Act takes effect September 1, 2017.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 355 was passed by the House on April
  20, 2017, by the following vote:  Yeas 144, Nays 0, 2 present, not
  voting.
 
  ______________________________
  Chief Clerk of the House   
 
 
         I certify that H.B. No. 355 was passed by the Senate on May
  19, 2017, by the following vote:  Yeas 31, Nays 0.
 
  ______________________________
  Secretary of the Senate    
  APPROVED:  _____________________
                     Date          
   
            _____________________
                   Governor       
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