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.
Sponsorship: Slight Partisan Bill (Republican 14-7)
Status: (Passed) 2017-06-01 - Effective on 9/1/17 [HB355 Detail]
Download: Texas-2017-HB355-Enrolled.html
| H.B. No. 355 | ||
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| 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; [ |
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| (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 | ||
