Bill Text: TX HB355 | 2017-2018 | 85th Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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 14-7)
Status: (Passed) 2017-06-01 - Effective on 9/1/17 [HB355 Detail]
Download: Texas-2017-HB355-Introduced.html
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 14-7)
Status: (Passed) 2017-06-01 - Effective on 9/1/17 [HB355 Detail]
Download: Texas-2017-HB355-Introduced.html
85R1044 KJE-D | ||
By: Raney | 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. | ||
SECTION 2. Article 62.051(e), Code of Criminal Procedure, | ||
is amended to read as follows: | ||
(e) Not later than the third day after a person's | ||
registering, the local law enforcement authority with whom the | ||
person registered shall send a copy of the registration form to the | ||
department [ |
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SECTION 3. 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; | ||
(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 4. 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 subject to the prohibition described by Article 62.064 a | ||
registration form for verification as required by this chapter | ||
shall include with the form a statement describing the prohibition. | ||
SECTION 5. (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 6. This Act takes effect September 1, 2017. |