Bill Text: TX HB3598 | 2011-2012 | 82nd Legislature | Introduced
Bill Title: Relating to the criminal registration procedure for a convicted arsonist.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2011-04-26 - Left pending in committee [HB3598 Detail]
Download: Texas-2011-HB3598-Introduced.html
82R12784 T | ||
By: Huberty | H.B. No. 3598 |
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relating to the criminal registration procedure for a convicted | ||
arsonist. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 62(A).001 Code of Criminal Procedure, is | ||
amended to read as follows: | ||
TITLE 1. CODE OF CRIMINAL PROCEDURE | ||
CHAPTER 62(A).001 ARSONIST REGISTRATION PROGRAM | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Art. 62(A).001. DEFINITIONS. In this chapter: | ||
(1) "Department" means the Department of Public | ||
Safety. | ||
(2) "Local law enforcement authority" means, as | ||
applicable, the chief of police of a municipality, the sheriff of a | ||
county in this state, or a centralized registration authority. | ||
(3) "Penal institution" means a confinement facility | ||
operated by or under a contract with any division of the Texas | ||
Department of Criminal Justice, a confinement facility operated by | ||
or under contract with the Texas Youth Commission, or a juvenile | ||
secure pre-adjudication or post-adjudication facility operated by | ||
or under a local juvenile probation department, or a county jail. | ||
(4) "Released" means discharged, paroled, placed in a | ||
nonsecure community program for juvenile offenders, or placed on | ||
juvenile probation, community supervision, or mandatory | ||
supervision. | ||
(5) "Reportable conviction or adjudication" means a | ||
conviction or adjudication, including an adjudication of | ||
delinquent conduct or a deferred adjudication, that, regardless of | ||
the pendency of an appeal, is a conviction for or an adjudication | ||
for or based on Texas Penal Code: | ||
Sec. 28.02. ARSON. (a) A person commits an offense if the | ||
person starts a fire, regardless of when the fire continues after | ||
ignition, or causes an explosion with intent to destroy or damage: | ||
(1) any vegetation, fence, or structure on open-space | ||
land; or | ||
(2) any building, habitation, or vehicle: | ||
(A) knowing that it is within the limits of an | ||
incorporated city or town; | ||
(B) knowing that it is insured against damage or | ||
destruction; | ||
(C) knowing that it is subject to a mortgage or | ||
other security interest; | ||
(D) knowing that it is located on property | ||
belonging to another; | ||
(E) knowing that it has located within it | ||
property belonging to another; or | ||
(F) when the person is reckless about whether the | ||
burning or explosion will endanger the life of some individual or | ||
the safety of the property of another. | ||
(a-1) A person commits an offense if the person recklessly | ||
starts a fire or causes an explosion while manufacturing or | ||
attempting to manufacture a controlled substance and the fire or | ||
explosion damages any building, habitation, or vehicle. | ||
(b) It is an exception to the application of Subsection | ||
(a)(1) that the fire or explosion was a part of the controlled | ||
burning of open-space land. | ||
(c) It is a defense to prosecution under Subsection | ||
(a)(2)(A) that prior to starting the fire or causing the explosion, | ||
the actor obtained a permit or other written authorization granted | ||
in accordance with a city ordinance, if any, regulating fires and | ||
explosions. | ||
(d) An offense under Subsection (a) is a felony of the | ||
second degree, except that the offense is a felony of the first | ||
degree if it is shown on the trial of the offense that: | ||
(1) bodily injury or death was suffered by any person | ||
by reason of the commission of the offense; or | ||
(2) the property intended to be damaged or destroyed | ||
by the actor was a habitation or a place of assembly or worship. | ||
(e) An offense under Subsection (a-1) is a state jail | ||
felony, except that the offense is a felony of the third degree if | ||
it is shown on the trial of the offense that bodily injury or death | ||
was suffered by any person by reason of the commission of the | ||
offense. | ||
(f) It is a felony of the third degree if a person commits an | ||
offense under Subsection (a)(2) of this section and the person | ||
intentionally starts a fire in or on a building, habitation, or | ||
vehicle, with intent to damage or destroy property belonging to | ||
recklessly causes damage to the building, habitation, or vehicle. | ||
(g) If conduct that constitutes an offense under Subsection | ||
(a-1) or that constitutes an offense under Subsection (f) also | ||
constitutes an offense under another subsection of this section or | ||
another section of this code, the actor may be prosecuted under | ||
Subsection (a-1) or Subsection (f), under the other subsection of | ||
this section, or under the other section of this code. | ||
(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), (C), (D), (E), (F) | ||
and (H), 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; or | ||
(J) a violation of Section 28.02 Penal Code. | ||
(6) "Convicted Arsonist" means any of the following | ||
offenses committed by a person 17 years of age or older: | ||
(A) an offense under Section Penal Code; | ||
(B) an offense (E) an offense under the laws of | ||
another state, federal law, the laws of a foreign country, or the | ||
Uniform Code of Military Justice if the offense contains elements | ||
that are substantially similar to the elements of an offense listed | ||
under Paragraph (A), (B), (C), or (D). | ||
(7) "Residence" includes a residence established in | ||
this state by a person described by Article 62.152(e). | ||
(8) "Public or private institution of higher | ||
education" includes a college, university, community college, or | ||
technical or trade institute. | ||
(9) "Authority for campus security" means the | ||
authority with primary law enforcement jurisdiction over property | ||
under the control of a public or private institution of higher | ||
education, other than a local law enforcement authority. | ||
(10) "Extrajurisdictional registrant" means a person | ||
who: | ||
(A) is required to register as an Arsonist 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; or | ||
(ii) the person does not have a reportable | ||
adjudication of delinquent conduct based on a violation of an | ||
offense under the laws of the other state, federal law, or the laws | ||
of the foreign country containing elements that are substantially | ||
similar to the elements of an offense requiring registration under | ||
this chapter. | ||
(11) "Centralized registration authority" means a | ||
mandatory countywide registration location designated under | ||
Article (A) 62.0045. | ||
(11) "Online identifier" means electronic mail | ||
address information or a name used by a person when sending or | ||
receiving an instant message, social networking communication, or | ||
similar Internet communication or when participating in an Internet | ||
chat. The term includes an assumed name, nickname, pseudonym, | ||
moniker, or user name established by a person for use in connection | ||
with an electronic mail address, chat or instant chat room | ||
platform, commercial social networking site, or online | ||
picture-sharing service. | ||
Art. 62(A).002. APPLICABILITY OF CHAPTER. (a) This | ||
chapter applies only to a reportable conviction or adjudication | ||
occurring on or after September 1, 2000. | ||
(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 adjudication, and the corresponding | ||
duties and powers of other entities in relation to the person | ||
required to register on the basis of that conviction or | ||
adjudication, are not affected by: | ||
(1) an appeal of the conviction or adjudication; or | ||
(2) a pardon of the conviction or adjudication. | ||
(c) If a conviction or adjudication that is the basis of a | ||
duty to register under this 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 adjudication 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. | ||
Art. 62(A).003. DETERMINATION REGARDING SUBSTANTIALLY | ||
SIMILAR ELEMENTS OF OFFENSE. (a) For the purposes of this chapter, | ||
the department is responsible for determining whether an offense | ||
under the laws of another state, federal law, the laws of a foreign | ||
country, or the Uniform Code of Military Justice contains elements | ||
that are substantially similar to the elements of an offense under | ||
the laws of this state. | ||
(b) The department annually shall provide or make available | ||
to each prosecuting attorney's office in this state: | ||
(1) the criteria used in making a determination under | ||
Subsection (a); and | ||
(2) any existing record or compilation of offenses | ||
under the laws of another state, federal law, the laws of a foreign | ||
country, and the Uniform Code of Military Justice that the | ||
department has already determined to contain elements that are | ||
substantially similar to the elements of offenses under the laws of | ||
this state. | ||
(c) An appeal of a determination made under this article | ||
shall be brought in a district court in Travis County. | ||
Art. 62(A).004. DETERMINATION REGARDING PRIMARY | ||
REGISTRATION AUTHORITY. (a) Except as provided by Subsection | ||
(a-1), for each person subject to registration under this chapter, | ||
the department shall determine which local law enforcement | ||
authority serves as the person's primary registration authority | ||
based on the municipality or county in which the person resides or, | ||
as provided by Article (A) 62.152, the municipality or county in | ||
which the person works or attends school. | ||
(a-1) Notwithstanding any other provision of this chapter, | ||
if a person resides or, as described by Article (A) 62.152, works or | ||
attends school in a county with a centralized registration | ||
authority, the centralized registration authority serves as the | ||
person's primary registration authority under this chapter, | ||
regardless of whether the person resides, works, or attends school, | ||
as applicable, in any municipality located in that county. | ||
(b) The department shall notify each person subject to | ||
registration under this chapter of the person's primary | ||
registration authority in a timely manner. | ||
Art. 62(A).0045. CENTRALIZED REGISTRATION AUTHORITY. (a) | ||
The commissioners court in a county with a population of 100,000 or | ||
more may designate the office of the sheriff of the county or may, | ||
through interlocal agreement, designate the office of a chief of | ||
police of a municipality in that county to serve as a mandatory | ||
countywide registration location for persons subject to this | ||
chapter. | ||
(b) Notwithstanding any other provision of this chapter, a | ||
person who is subject to this chapter shall register under Article | ||
(A) 62.051 or verify registration under Article (A) 62.058 only | ||
with the centralized registration authority for the county, | ||
regardless of whether the person resides in any municipality | ||
located in that county. If the person resides in a municipality, and | ||
the local law enforcement authority in the municipality does not | ||
serve as the person's centralized registration authority, the | ||
centralized registration authority, not later than the third day | ||
after the date the person registers or verifies registration with | ||
that authority, shall provide to the local law enforcement | ||
authority in that municipality notice of the person's registration | ||
or verification of registration, as applicable, with the | ||
centralized registration authority. | ||
Art. 62(A).005. CENTRAL DATABASE; PUBLIC INFORMATION. (a) | ||
The department shall maintain a computerized central database | ||
containing the information required for registration under this | ||
chapter. The department may include in the computerized central | ||
database the numeric risk level assigned to a person under this | ||
chapter. | ||
(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 (A) 62.051(c)(7) or | ||
required by the department under Article (A) 62.051(c)(8); or | ||
(3) that would identify the county of the offense for | ||
which the person is subject to registration. | ||
(c) Notwithstanding Chapter 730, Transportation Code, the | ||
department shall maintain in the database, and shall post on any | ||
department website related to the database, any photograph of the | ||
person that is available through the process for obtaining or | ||
renewing a personal identification certificate or driver's license | ||
under Section 521.103 or 521.272, Transportation Code. The | ||
department shall update the photograph in the database and on the | ||
website annually or as the photograph otherwise becomes available | ||
through the renewal process for the certificate or license. | ||
(d) A local law enforcement authority shall release public | ||
information described under Subsection (b) to any person who | ||
requests the information from the authority. The authority may | ||
charge the person a fee not to exceed the amount reasonably | ||
necessary to cover the administrative costs associated with the | ||
authority's release of information to the person under this | ||
subsection. | ||
(e) The department shall provide a licensing authority with | ||
notice of any person required to register under this chapter who | ||
holds or seeks a license that is issued by the authority. The | ||
department shall provide the notice required by this subsection as | ||
the applicable licensing information becomes available through the | ||
person's registration or verification of registration. | ||
(f) On the written request of a licensing authority that | ||
identifies an individual and states that the individual is an | ||
applicant for or a holder of a license issued by the authority, the | ||
department shall release any information described by Subsection | ||
(a) to the licensing authority. | ||
(g) For the purposes of Subsections (e) and (f): | ||
(1) "License" means a license, certificate, | ||
registration, permit, or other authorization that: | ||
(A) is issued by a licensing authority; and | ||
(B) a person must obtain to practice or engage in | ||
a particular business, occupation, or profession. | ||
(2) "Licensing authority" means a department, | ||
commission, board, office, or other agency of the state or a | ||
political subdivision of the state that issues a license. | ||
(h) Not later than the third day after the date on which the | ||
applicable information becomes available through the person's | ||
registration or verification of registration or under Article (A) | ||
62.058, the department shall send notice of any person required to | ||
register under this chapter who is or will be employed, carrying on | ||
a vocation, or a student at a public or private institution of | ||
higher education in this state to: | ||
(1) for an institution in this state: | ||
(A) the authority for campus security for that | ||
institution; or | ||
(B) if an authority for campus security for that | ||
institution does not exist, the local law enforcement authority of: | ||
(i) the municipality in which the | ||
institution is located; or | ||
(ii) the county in which the institution is | ||
located, if the institution is not located in a municipality; or | ||
(2) for an institution in another state, any existing | ||
authority for campus security at that institution. | ||
(i) On the written request of an institution of higher | ||
education described by Subsection (h) that identifies an individual | ||
and states that the individual has applied to work or study at the | ||
institution, the department shall release any information | ||
described by Subsection (a) to the institution. | ||
(j) The department, for law enforcement purposes, shall | ||
release all relevant information described by Subsection (a), | ||
including information that is not public information under | ||
Subsection (b), to a peace officer, an employee of a local law | ||
enforcement authority, or the attorney general on the request of | ||
the applicable person or entity. | ||
Art. 62(A).006. INFORMATION PROVIDED TO PEACE OFFICER ON | ||
REQUEST. The department shall establish a procedure by which a | ||
peace officer or employee of a law enforcement agency who provides | ||
the department with a driver's license number, personal | ||
identification certificate number, or license plate number is | ||
automatically provided information as to whether the person to whom | ||
the driver's license or personal identification certificate is | ||
issued is required to register under this chapter or whether the | ||
license plate number is entered in the computerized central | ||
database under Article (A) 62.005 as assigned to a vehicle owned or | ||
driven by a person required to register under this chapter. | ||
Art. 62(A).008. GENERAL IMMUNITY. The following persons are | ||
immune from liability for good faith conduct under this chapter: | ||
(1) an employee or officer of the Texas Department of | ||
Criminal Justice, the Texas Youth Commission, the Texas Juvenile | ||
Probation Commission, the Department of Public Safety, the Board of | ||
Pardons and Paroles, or a local law enforcement authority; | ||
(2) an employee or officer of a community supervision | ||
and corrections department or a juvenile probation department; | ||
(3) a member of the judiciary; | ||
Art. 62(A).009. IMMUNITY FOR RELEASE OF PUBLIC INFORMATION. | ||
(a) The department, a penal institution, a local law enforcement | ||
authority, or an authority for campus security may release to the | ||
public information regarding a person required to register under | ||
this chapter only if the information is public information under | ||
this chapter. | ||
(b) An individual, agency, entity, or authority is not | ||
liable under Chapter 101, Civil Practice and Remedies Code, or any | ||
other law for damages arising from conduct authorized by Subsection | ||
(a). | ||
(c) For purposes of determining liability, the release or | ||
withholding of information by an appointed or elected officer of an | ||
agency, entity, or authority is a discretionary act. | ||
(d) A private primary or secondary school, public or private | ||
institution of higher education, or administrator of a private | ||
primary or secondary school or public or private institution of | ||
higher education may release to the public information regarding a | ||
person required to register under this chapter only if the | ||
information is public information under this chapter and is | ||
released to the administrator under Section 28.02. A private | ||
primary or secondary school, public or private institution of | ||
higher education, or administrator of a private primary or | ||
secondary school or public or private institution of higher | ||
education is not liable under any law for damages arising from | ||
conduct authorized by this subsection. | ||
Art. 62(A).010. RULEMAKING AUTHORITY. The Texas Department | ||
of Criminal Justice, the Texas Youth Commission, the Texas Juvenile | ||
Probation Commission, and the department may adopt any rule | ||
necessary to implement this chapter. | ||
SUBCHAPTER B. REGISTRATION AND VERIFICATION REQUIREMENTS; RELATED | ||
NOTICE | ||
Art. 62(A).051. REGISTRATION: GENERAL. (a) A person who has | ||
a reportable conviction or adjudication or who is required to | ||
register as a 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. | ||
(b) The department shall provide the Texas Department of | ||
Criminal Justice, the Texas Youth Commission, the Texas Juvenile | ||
Probation Commission, and each local law enforcement authority, | ||
authority for campus security, county jail, and court with a form | ||
for registering persons required by this chapter to register. | ||
(c) The registration form shall require: | ||
(1) the person's full name, including each alias, the | ||
person's date of birth, sex, race, height, weight, eye color, hair | ||
color, social security number, driver's license number, and shoe | ||
size, and the address at which the person resides or intends to | ||
reside or, if the person does not reside or intend to reside at a | ||
physical address, a detailed description of each geographical | ||
location at which the person resides or intends to reside; | ||
(2) a recent color photograph or, if possible, an | ||
electronic digital image of the person and a complete set of the | ||
person's fingerprints; | ||
(3) the address of offense the person was convicted | ||
of, the date of conviction, and the punishment received; | ||
(4) an indication as to whether the person is | ||
discharged, paroled, or released on juvenile probation, community | ||
supervision, or mandatory supervision; | ||
(5) an indication of each license, as defined by | ||
Article 62.005(g), that is held or sought by the person; | ||
(6) an indication as to whether the person is or will | ||
be employed, carrying on a vocation, or a student at a particular | ||
public or private institution of higher education in this state or | ||
another state, and the name and address of that institution; and | ||
(7) any other information required by the department. | ||
(c) The registration form shall require: | ||
(1) the person's full name, date of birth, sex, race, | ||
height, weight, eye color, hair color, social security number, | ||
driver's license number, shoe size, and home address and each alias | ||
used by the person and any home, work, or cellular telephone number | ||
of the person; | ||
(2) a recent color photograph or, if possible, an | ||
electronic digital image of the person and a complete set of the | ||
person's fingerprints; | ||
(3) the address of the offense the person was | ||
convicted of, the date of conviction, and the punishment received; | ||
(4) an indication as to whether the person is | ||
discharged, paroled, or released on juvenile probation, community | ||
supervision, or mandatory supervision; | ||
(5) an indication of each license, as defined by | ||
Article 62(A).005(g), that is held or sought by the person; | ||
(6) an indication as to whether the person is or will | ||
be employed, carrying on a vocation, or a student at a particular | ||
public or private institution of higher education in this state or | ||
another state, and the name and address of that institution; | ||
(7) the identification of any online identifier | ||
established or used by the person; and | ||
(8) any other information required by the department. | ||
(d) The registration form must contain a statement and | ||
description of any registration duties the person has or may have | ||
under this chapter. | ||
(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 and, if the person resides on the campus of a public or | ||
private institution of higher education, to any authority for | ||
campus security for that institution. | ||
(f) Not later than the seventh day after the date on which | ||
the person is released, a person for whom registration is completed | ||
under this chapter shall report to the applicable local law | ||
enforcement authority to verify the information in the registration | ||
form received by the authority under this chapter. The authority | ||
shall require the person to produce proof of the person's identity | ||
and residence before the authority gives the registration form to | ||
the person for verification. If the information in the registration | ||
form is complete and accurate, the person shall verify registration | ||
by signing the form. If the information is not complete or not | ||
accurate, the person shall make any necessary additions or | ||
corrections before signing the form. | ||
(g) A person who is required to register or verify | ||
registration under this chapter shall ensure that the person's | ||
registration form is complete and accurate with respect to each | ||
item of information required by the form in accordance with | ||
Subsection (c). | ||
(h) If a person subject to registration under this chapter | ||
does not move to an intended residence by the end of the seventh day | ||
after the date on which the person is released or the date on which | ||
the person leaves a previous residence, the person shall: | ||
(1) report to the juvenile probation officer, | ||
community supervision and corrections department officer, or | ||
parole officer supervising the person by not later than the seventh | ||
day after the date on which the person is released or the date on | ||
which the person leaves a previous residence, as applicable, and | ||
provide the officer with the address of the person's temporary | ||
residence; and | ||
(2) continue to report to the person's supervising | ||
officer not less than weekly during any period of time in which the | ||
person has not moved to an intended residence and provide the | ||
officer with the address of the person's temporary residence. | ||
(i) If the other state has a registration requirement for | ||
arsonists, a person who has a reportable conviction or | ||
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. | ||
(j) If a person subject to registration under this chapter | ||
is released from a penal institution without being released to | ||
parole or placed on any other form of supervision and the person | ||
does not move to the address indicated on the registration form as | ||
the person's intended residence or does not indicate an address on | ||
the registration form, the person shall, not later than the seventh | ||
day after the date on which the person is released: | ||
(1) report in person to the local law enforcement | ||
authority for the municipality or county, as applicable, in which | ||
the person is residing and provide that authority with the address | ||
at which the person is residing or, if the person's residence does | ||
not have a physical address, a detailed description of the | ||
geographical location of the person's residence; and | ||
(2) until the person indicates the person's current | ||
address as the person's intended residence on the registration form | ||
or otherwise complies with the requirements of Article 62(A).055, | ||
as appropriate, continue to report, in the manner required by | ||
Subdivision (1), to that authority not less than once in each | ||
succeeding 30-day period and provide that authority with the | ||
address at which the person is residing or, if applicable, a | ||
detailed description of the geographical location of the person's | ||
residence. | ||
(k) A person required to register under this chapter may not | ||
refuse or otherwise fail to provide any information required for | ||
the accurate completion of the registration form. | ||
Art. 62(A).052. REGISTRATION: EXTRAJURISDICTIONAL | ||
REGISTRANTS. (a) An extrajurisdictional registrant is required to | ||
comply with the annual verification requirements of Article | ||
62(A).058 in the same manner as a person who is required to verify | ||
registration on the basis of a reportable conviction or | ||
adjudication. | ||
(b) The duty to register for an extrajurisdictional | ||
registrant expires on the date the person's duty to register would | ||
expire under the laws of the other state or foreign country had the | ||
person remained in that state or foreign country, under federal | ||
law, or under the Uniform Code of Military Justice, as applicable. | ||
(c) The department may negotiate and enter into a reciprocal | ||
registration agreement with any other state to prevent residents of | ||
this state and residents of the other state from frustrating the | ||
public purpose of the registration of arsonists by moving from one | ||
state to the other. | ||
Art. 62(A).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. 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(A).051(h) or (j) or 62(A).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 | ||
arsonists; | ||
(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; and | ||
(F) the person must notify appropriate entities | ||
of any change in status as described by Article 62(A).057; | ||
(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. | ||
(b) On the seventh day before the date on which a person who | ||
will be subject to registration under this chapter is due to be | ||
released from a penal institution, or on receipt of notice by a | ||
penal institution that a person who will be subject to registration | ||
under this chapter is due to be released in less than seven days, an | ||
official of the penal institution shall send the person's completed | ||
registration form and numeric risk level to the department and to: | ||
(1) the applicable local law enforcement authority in | ||
the municipality or county in which the person expects to reside, if | ||
the person expects to reside in this state; or | ||
(2) the law enforcement agency that is identified by | ||
the department as the agency designated by another state to receive | ||
registration information, if the person expects to reside in that | ||
other state and that other state has a registration requirement for | ||
arsonists. | ||
(d) If a person who has a reportable conviction described by | ||
Article 28.02 Penal Code 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 | ||
has a reportable adjudication of delinquent conduct described by | ||
Article 62(A).001(5)(H) or (I) is, as permitted by Section 60.002, | ||
Family Code, placed under the supervision of the Texas Youth | ||
Commission, a public or private vendor operating under contract | ||
with the Texas Youth Commission, a local juvenile probation | ||
department, or a juvenile 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. | ||
(e) Not later than the eighth day after receiving a | ||
registration form under Subsection (b), (c), or (d), the local law | ||
enforcement authority shall verify the basis on which the person is | ||
subject to registration under this chapter. | ||
Art. 62(A).055. CHANGE OF ADDRESS; LACK OF ADDRESS. (a) If a | ||
person required to register under this chapter intends to change | ||
address, regardless of whether the person intends to move to | ||
another state, the person shall, not later than the seventh day | ||
before the intended change, 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 and | ||
provide the authority and the officer with the person's anticipated | ||
move date and new address. If a person required to register changes | ||
address, the person shall, not later than the later of the seventh | ||
day after changing the address or the first date the applicable | ||
local law enforcement authority by policy allows the person to | ||
report, report in person to the local law enforcement authority in | ||
the municipality or county in which the person's new residence is | ||
located and provide the authority with proof of identity and proof | ||
of residence. | ||
(b) Not later than the third day after receipt of notice | ||
under Subsection (a), the person's juvenile probation officer, | ||
community supervision and corrections department officer, or | ||
parole officer shall forward the information provided under | ||
Subsection (a) to the local law enforcement authority designated as | ||
the person's primary registration authority by the department and, | ||
if the person intends to move to another municipality or county in | ||
this state, to the applicable local law enforcement authority in | ||
that municipality or county. | ||
(c) If the person moves to another state that has a | ||
registration requirement for convicted arsonists, the person | ||
shall, not later than the 10th day after the date on which the | ||
person arrives in the other state, register with the law | ||
enforcement agency that is identified by the department as the | ||
agency designated by that state to receive registration | ||
information. | ||
(d) Not later than the third day after receipt of | ||
information under Subsection (a) or (b), whichever is earlier, the | ||
local law enforcement authority shall forward this information to | ||
the department and, if the person intends to move to another | ||
municipality or county in this state, to the applicable local law | ||
enforcement authority in that municipality or county. | ||
(e) If a person who reports to a local law enforcement | ||
authority under Subsection (a) does not move on or before the | ||
anticipated move date or does not move to the new address provided | ||
to the authority, the person shall: | ||
(1) not later than the seventh day after the | ||
anticipated move date, and not less than weekly after that seventh | ||
day, report to the local law enforcement authority designated as | ||
the person's primary registration authority by the department and | ||
provide an explanation to the authority regarding any changes in | ||
the anticipated move date and intended residence; and | ||
(2) report to the juvenile probation officer, | ||
community supervision and corrections department officer, or | ||
parole officer supervising the person not less than weekly during | ||
any period in which the person has not moved to an intended | ||
residence. | ||
(f) If the person moves to another municipality or county in | ||
this state, the department shall inform the applicable local law | ||
enforcement authority in the new area of the person's residence not | ||
later than the third day after the date on which the department | ||
receives information under Subsection (a). Not later than the | ||
eighth day after the date on which the local law enforcement | ||
authority is informed under Subsection (a) or under this | ||
subsection, the authority shall verify the basis on which the | ||
person is subject to registration under this chapter. | ||
Art. 62(A).057. STATUS REPORT BY SUPERVISING OFFICER OR | ||
LOCAL LAW ENFORCEMENT AUTHORITY. (a) If the juvenile probation | ||
officer, community supervision and corrections department officer, | ||
or parole officer supervising a person subject to registration | ||
under this chapter receives information to the effect that the | ||
person's status has changed in any manner that affects proper | ||
supervision of the person, including a change in the person's name, | ||
online identifiers, physical health, job or educational status, | ||
including higher educational status, incarceration, or terms of | ||
release, the supervising officer shall promptly notify the | ||
appropriate local law enforcement authority or authorities of that | ||
change. If the person required to register intends to change | ||
address, the supervising officer shall notify the local law | ||
enforcement authorities designated by Article 62(A).055(b). Not | ||
later than the seventh day after the date the supervising officer | ||
receives the relevant information, the supervising officer shall | ||
notify the local law enforcement authority of any change in the | ||
person's job or educational status in which the person: | ||
(1) becomes employed, begins to carry on a vocation, | ||
or becomes a student at a particular public or private institution | ||
of higher education; or | ||
(2) terminates the person's status in that capacity. | ||
(b) Not later than the later of the seventh day after the | ||
date of the change or the first date the applicable authority by | ||
policy allows the person to report, a person subject to | ||
registration under this chapter shall report to the local law | ||
enforcement authority designated as the person's primary | ||
registration authority by the department any change in the person's | ||
name, online identifiers, physical health, or job or educational | ||
status, including higher educational status. | ||
(c) For purposes of Subsection (b): | ||
(1) a person's job status changes if the person leaves | ||
employment for any reason, remains employed by an employer but | ||
changes the location at which the person works, or begins | ||
employment with a new employer; | ||
(2) a person's health status changes if the person is | ||
hospitalized as a result of an illness; | ||
(3) a change in a person's educational status includes | ||
the person's transfer from one educational facility to another; and | ||
(4) regarding a change of name, notice of the proposed | ||
name provided to a local law enforcement authority as described by | ||
Sections 45.004 and 45.103, Family Code, is sufficient, except that | ||
the person shall promptly notify the authority of any denial of the | ||
person's petition for a change of name. | ||
(d) Not later than the seventh day after the date the local | ||
law enforcement authority receives the relevant information, the | ||
local law enforcement authority shall notify the department of any | ||
change in the person's job or educational status in which the | ||
person: | ||
(1) becomes employed, begins to carry on a vocation, | ||
or becomes a student at a particular public or private institution | ||
of higher education; or | ||
(2) terminates the person's status in that capacity. | ||
Art. 62(A).058. LAW ENFORCEMENT VERIFICATION OF | ||
REGISTRATION INFORMATION. (a) A person subject to registration | ||
under this chapter who has for an arson offense been convicted two | ||
or more times, received an order of deferred adjudication two or | ||
more times, or been convicted and received an order of deferred | ||
adjudication shall report to the local law enforcement authority | ||
designated as the person's primary registration authority by the | ||
department not less than once in each 90-day period following the | ||
date the person first registered under this chapter to verify the | ||
information in the registration form maintained by the authority | ||
for that person. A person subject to registration under this | ||
chapter who is not subject to the 90-day reporting requirement | ||
described by this subsection shall report to the local law | ||
enforcement authority designated as the person's primary | ||
registration authority by the department once each year not earlier | ||
than the 30th day before and not later than the 30th day after the | ||
anniversary of the person's date of birth to verify the information | ||
in the registration form maintained by the authority for that | ||
person. For purposes of this subsection, a person complies with a | ||
requirement that the person register within a 90-day period | ||
following a date if the person registers at any time on or after the | ||
83rd day following that date but before the 98th day after that | ||
date. | ||
(b) A local law enforcement authority designated as a | ||
person's primary registration authority by the department may | ||
direct the person to report to the authority to verify the | ||
information in the registration form maintained by the authority | ||
for that person. The authority may direct the person to report under | ||
this subsection once in each 90-day period following the date the | ||
person first registered under this chapter, if the person is | ||
required to report not less than once in each 90-day period under | ||
Subsection (a) or once in each year not earlier than the 30th day | ||
before and not later than the 30th day after the anniversary of the | ||
person's date of birth, if the person is required to report once | ||
each year under Subsection (a). A local law enforcement authority | ||
may not direct a person to report to the authority under this | ||
subsection if the person is required to report under Subsection (a) | ||
and is in compliance with the reporting requirements of that | ||
subsection. | ||
(c) A local law enforcement authority with whom a person | ||
reports under this article shall require the person to produce | ||
proof of the person's identity and residence before the authority | ||
gives the registration form to the person for verification. If the | ||
information in the registration form is complete and accurate, the | ||
person shall verify registration by signing the form. If the | ||
information is not complete or not accurate, the person shall make | ||
any necessary additions or corrections before signing the form. | ||
(d) A local law enforcement authority designated as a | ||
person's primary registration authority by the department may at | ||
any time mail a nonforwardable verification form to the last | ||
reported address of the person. Not later than the 21st day after | ||
receipt of a verification form under this subsection, the person | ||
shall: | ||
(1) indicate on the form whether the person still | ||
resides at the last reported address and, if not, provide on the | ||
form the person's new address; | ||
(2) complete any other information required by the | ||
form; | ||
(3) sign the form; and | ||
(4) return the form to the authority. | ||
(e) For purposes of this article, a person receives multiple | ||
convictions or orders of deferred adjudication regardless of | ||
whether: | ||
(1) the judgments or orders are entered on different | ||
dates; or | ||
(2) the offenses for which the person was convicted or | ||
placed on deferred adjudication arose out of different criminal | ||
transactions. | ||
Art. 62(A).059. REGISTRATION OF PERSONS REGULARLY VISITING | ||
LOCATION. (a) A person subject to this chapter who on at least three | ||
occasions during any month spends more than 48 consecutive hours in | ||
a municipality or county in this state, other than the municipality | ||
or county in which the person is registered under this chapter, | ||
before the last day of that month shall report that fact to: | ||
(1) the local law enforcement authority of the | ||
municipality in which the person is a visitor; or | ||
(2) if the person is a visitor in a location that is | ||
not a municipality, the local law enforcement authority of the | ||
county in which the person is a visitor. | ||
(b) A person described by Subsection (a) shall provide the | ||
local law enforcement authority with: | ||
(1) all information the person is required to provide | ||
under Article (A) 62.051(c); | ||
(2) the address of any location in the municipality or | ||
county, as appropriate, at which the person was lodged during the | ||
month; and | ||
(3) a statement as to whether the person intends to | ||
return to the municipality or county during the succeeding month. | ||
(c) This article does not impose on a local law enforcement | ||
authority requirements of public notification or notification to | ||
schools relating to a person about whom the authority is not | ||
otherwise required by this chapter to make notifications. | ||
Art. 62(A).060. REQUIREMENTS RELATING TO DRIVER'S LICENSE | ||
OR PERSONAL IDENTIFICATION CERTIFICATE. (a) A person subject to | ||
registration under this chapter shall apply to the department in | ||
person for the issuance of, as applicable, an original or renewal | ||
driver's license under Section 521.272, Transportation Code, an | ||
original or renewal personal identification certificate under | ||
Section 521.103, Transportation Code, or an original or renewal | ||
commercial driver's license or commercial driver learner's permit | ||
under Section 522.033, Transportation Code, not later than the 30th | ||
day after the date: | ||
(1) the person is released from a penal institution or | ||
is released by a court on community supervision or juvenile | ||
probation; or | ||
(2) the department sends written notice to the person | ||
of the requirements of this article. | ||
(b) The person shall annually renew in person each driver's | ||
license or personal identification certificate issued by the | ||
department to the person, including each renewal, duplicate, or | ||
corrected license or certificate, until the person's duty to | ||
register under this chapter expires. | ||
Art. 62.061. DNA SPECIMEN. A person required to register | ||
under this chapter shall comply with a request for a DNA specimen | ||
made by a law enforcement agency under Section 411.1473, Government | ||
Code. | ||
Art. 62(A).062. LIMITATION ON NEWSPAPER PUBLICATION. (a) | ||
Except as provided by Subsection (b), a local law enforcement | ||
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 | ||
one or more adjudications of delinquent conduct. | ||
SUBCHAPTER C. EXPIRATION OF DUTY TO REGISTER; GENERAL | ||
PENALTIES FOR NONCOMPLIANCE | ||
Art. 62(A).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 or adjudication, other than an adjudication | ||
of delinquent conduct, for: | ||
(1) an arson offense; | ||
(2) an offense under Section 28.02, Penal Code; | ||
(3) an offense under Section 28.02 Penal Code, the | ||
person receives or has received another reportable conviction or | ||
adjudication, other than an adjudication of delinquent conduct, for | ||
an offense or conduct that requires registration under this | ||
chapter; | ||
(4) an offense under Section 28.02 Penal Code, if: | ||
(A) the judgment in the case contains an | ||
affirmative finding under Article; and | ||
(B) before or after the person is convicted or | ||
adjudicated for the offense under Penal Code, the person receives | ||
or has received another reportable conviction or adjudication, | ||
other than an adjudication of delinquent conduct, for an offense or | ||
conduct that requires registration under this chapter; or | ||
(b) Except as provided by Subchapter I, the duty to register | ||
for a person otherwise subject to Subsection (a) ends on the 10th | ||
anniversary of the date on which the person is released from a penal | ||
institution or discharges community supervision or the court | ||
dismisses the criminal proceedings against the person and | ||
discharges the person, whichever date is later, if the person's | ||
duty to register is based on a conviction or an order of deferred | ||
adjudication in a cause that was transferred to a district court or | ||
criminal district court under Section 54.02, Family Code. | ||
(c) Except as provided by Subchapter I, the duty to register | ||
for a person with a reportable conviction or adjudication for an | ||
offense other than an offense described by Subsection (a) ends: | ||
(1) if the person's duty to register is based on an | ||
adjudication of delinquent conduct, on the 10th anniversary of the | ||
date on which the disposition is made or the person completes the | ||
terms of the disposition, whichever date is later; or | ||
(2) if the person's duty to register is based on a | ||
conviction or on an order of deferred adjudication, on the 10th | ||
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. | ||
Art. 62(A).102. FAILURE TO COMPLY WITH REGISTRATION | ||
REQUIREMENTS. (a) A person commits an offense if the person is | ||
required to register and fails to comply with any requirement of | ||
this chapter. | ||
(b) An offense under this article is: | ||
(1) a state jail felony if the actor is a person whose | ||
duty to register expires under Article (A) 62.101(b) or (c); | ||
(2) a felony of the third degree if the actor is a | ||
person whose duty to register expires under Article 62(A).101(a) | ||
and who is required to verify registration once each year under | ||
Article 62(A).058; and | ||
(3) a felony of the second degree if the actor is a | ||
person whose duty to register expires under Article 62(A).101(a) | ||
and who is required to verify registration once each 90-day period | ||
under Article 62(A).058. | ||
(c) If it is shown at the trial of a person for an offense or | ||
an attempt to commit an offense under this article that the person | ||
has previously been convicted of an offense or an attempt to commit | ||
an offense under this article, the punishment for the offense or the | ||
attempt to commit the offense is increased to the punishment for the | ||
next highest degree of felony. | ||
SUBCHAPTER D. PROVISIONS APPLICABLE TO CERTAIN WORKERS AND STUDENTS | ||
Art. 62(A).151. DEFINITIONS. For purposes of this | ||
subchapter, a person: | ||
(1) is employed or carries on a vocation if the person | ||
works or volunteers on a full-time or part-time basis for a | ||
consecutive period exceeding 14 days or for an aggregate period | ||
exceeding 30 days in a calendar year; | ||
(2) works regardless of whether the person works for | ||
compensation or for governmental or educational benefit; and | ||
(3) is a student if the person enrolls on a full-time | ||
or part-time basis in any educational facility, including: | ||
(A) a public or private primary or secondary | ||
school, including a high school or alternative learning center; or | ||
(B) a public or private institution of higher | ||
education. | ||
Art. 62(A).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 adjudication; | ||
(2) resides in another state; and | ||
(3) is employed, carries on a vocation, or is a student | ||
in this state. | ||
(b) A person described by Subsection (a) is subject to the | ||
registration and verification requirements of Articles 62(A).051 | ||
and 62(A).058 and to the change of address requirements of Article | ||
62(A).055, except that the registration and verification and the | ||
reporting of a change of address are based on the municipality or | ||
county in which the person works or attends school. The person is | ||
subject to the school notification requirements of Articles | ||
62(A).053-62(A).055, except that notice provided to the | ||
superintendent and any administrator is based on the public school | ||
district in which the person works or attends school. | ||
(c) A person described by Subsection (a) is not subject to | ||
Article 62(A).101. | ||
(d) The duty to register for a person described by | ||
Subsection (a) ends when the person no longer works or studies in | ||
this state, provides notice of that fact to the local law | ||
enforcement authority in the municipality or county in which the | ||
person works or attends school, and receives notice of verification | ||
of that fact from the authority. The authority must verify that the | ||
person no longer works or studies in this state and must provide to | ||
the person notice of that verification within a reasonable time. | ||
(e) Notwithstanding Subsection (a), this article does not | ||
apply to a person who has a reportable conviction or adjudication, | ||
who resides in another state, and who is employed, 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. | ||
Art. 62(A).153. REGISTRATION OF WORKERS OR STUDENTS AT | ||
INSTITUTIONS OF HIGHER EDUCATION. (a) Not later than the later of | ||
the seventh day after the date on which the person begins to work or | ||
attend school or the first date the applicable authority by policy | ||
allows the person to register, a person required to register under | ||
Article 62(A).152 or any other provision of this chapter who is | ||
employed, carries on a vocation, or is a student at a public or | ||
private institution of higher education in this state shall report | ||
that fact to: | ||
(1) the authority for campus security for that | ||
institution; or | ||
(2) if an authority for campus security for that | ||
institution does not exist, the local law enforcement authority of: | ||
(A) the municipality in which the institution is | ||
located; or | ||
(B) the county in which the institution is | ||
located, if the institution is not located in a municipality. | ||
(b) A person described by Subsection (a) shall provide the | ||
authority for campus security or the local law enforcement | ||
authority with all information the person is required to provide | ||
under Article 62(A).051(c). | ||
(c) A person described by Subsection (a) shall notify the | ||
authority for campus security or the local law enforcement | ||
authority not later than the seventh day after the date of | ||
termination of the person's status as a worker or student at the | ||
institution. | ||
(d) The authority for campus security or the local law | ||
enforcement authority shall promptly forward to the administrative | ||
office of the institution any information received from the person | ||
under this article and any information received from the department | ||
under Article 62(A).005. | ||
(e) Subsection (a)(2) does not require a person to register | ||
with a local law enforcement authority if the person is otherwise | ||
required by this chapter to register with that authority. | ||
(f) This article does not impose the requirements of public | ||
notification or notification to public or private primary or | ||
secondary schools on: | ||
(1) an authority for campus security; or | ||
(2) a local law enforcement authority, if those | ||
requirements relate to a person about whom the authority is not | ||
otherwise required by this chapter to make notifications. | ||
SUBCHAPTER E. PROVISIONS APPLICABLE TO PERSONS SUBJECT TO CIVIL | ||
COMMITMENT | ||
Art. 62(A).201. ADDITIONAL PUBLIC NOTICE FOR INDIVIDUALS | ||
SUBJECT TO CIVIL COMMITMENT. (a) On receipt of notice under this | ||
chapter that a person subject to registration who is civilly | ||
committed as an arsonist is due to be released from a penal | ||
institution or intends to move to a new residence in this state, the | ||
department shall, not later than the seventh day after the date on | ||
which the person is released or the seventh day after the date on | ||
which the person moves, provide written notice mailed or delivered | ||
to at least each address, other than a post office box, within a | ||
one-mile radius, in an area that has not been subdivided, or a | ||
three-block area, in an area that has been subdivided, of the place | ||
where the person intends to reside. | ||
(b) The department shall provide the notice in English and | ||
Spanish and shall include in the notice any information that is | ||
public information under this chapter. The department may not | ||
include any information that is not public information under this | ||
chapter. | ||
(c) The department shall establish procedures for a person | ||
with respect to whom notice is provided under this article to pay to | ||
the department all costs incurred by the department in providing | ||
the notice. The person shall pay those costs in accordance with the | ||
procedures established under this subsection. | ||
(d) The department's duty to provide notice under this | ||
article in regard to a particular person ends on the date on which a | ||
court releases the person from all requirements of the civil | ||
commitment process. | ||
Art. 62(A).202. VERIFICATION OF INDIVIDUALS SUBJECT TO | ||
COMMITMENT. (a) Notwithstanding Article 62(A).058, if an | ||
individual subject to registration under this chapter is civilly | ||
committed as an arsonist, the person shall report to the local law | ||
enforcement authority designated as the person's primary | ||
registration authority by the department not less than once in each | ||
30-day period following the date the person first registered under | ||
this chapter to verify the information in the registration form | ||
maintained by the authority for that person. For purposes of this | ||
subsection, a person complies with a requirement that the person | ||
register within a 30-day period following a date if the person | ||
registers at any time on or after the 27th day following that date | ||
but before the 33rd day after that date. | ||
(b) On the date a court releases a person described by | ||
Subsection (a) from all requirements of the civil commitment | ||
process: | ||
(1) the person's duty to verify registration as an | ||
arsonist is no longer imposed by this article; | ||
Art. 62(A).203. FAILURE TO COMPLY: INDIVIDUALS SUBJECT TO | ||
COMMITMENT. (a) A person commits an offense if the person, after | ||
commitment as an arsonist but before the person is released from all | ||
requirements of the civil commitment process, fails to comply with | ||
any requirement of this chapter. | ||
(b) An offense under this article is a felony of the second | ||
degree. | ||
SUBCHAPTER F. REMOVAL OF REGISTRATION INFORMATION | ||
Art. 62(A).251. REMOVING REGISTRATION INFORMATION WHEN | ||
DUTY TO REGISTER EXPIRES. (a) When a person is no longer required to | ||
register as an arsonist under this chapter, the department shall | ||
remove all information about the person from the Arson | ||
Registration. | ||
(b) The duty to remove information under Subsection (a) | ||
arises if: | ||
(1) the department has received notice from a local | ||
law enforcement authority under Subsection (c) or (d) that the | ||
person is no longer required to register or will no longer be | ||
required to renew registration and the department verifies the | ||
correctness of that information; | ||
(2) the court having jurisdiction over the case for | ||
which registration is required requests removal and the department | ||
determines that the duty to register has expired; or | ||
(3) the person or the person's representative requests | ||
removal and the department determines that the duty to register has | ||
expired. | ||
(c) When a person required to register under this chapter | ||
appears before a local law enforcement authority to renew or modify | ||
registration information, the authority shall determine whether | ||
the duty to register has expired. If the authority determines that | ||
the duty to register has expired, the authority shall remove all | ||
information about the person from the arson registry and notify the | ||
department that the person's duty to register has expired. | ||
(d) When a person required to register under this chapter | ||
appears before a local law enforcement authority to renew | ||
registration information, the authority shall determine whether | ||
the renewal is the final annual renewal of registration required by | ||
law. If the authority determines that the person's duty to register | ||
will expire before the next annual renewal is scheduled, the | ||
authority shall automatically remove all information about the | ||
person from the arson registry on expiration of the duty to register | ||
and notify the department that the information about the person has | ||
been removed from the registry. | ||
(e) When the department has removed information under | ||
Subsection (a), the department shall notify all local law | ||
enforcement authorities that have provided registration | ||
information to the department about the person of the removal. A | ||
local law enforcement authority that receives notice from the | ||
department under this subsection shall remove all registration | ||
information about the person from its registry. | ||
(f) When the department has removed information under | ||
Subsection (a), the department shall notify all public and private | ||
agencies or organizations to which it has provided registration | ||
information about the person of the removal. On receiving notice, | ||
the public or private agency or organization shall remove all | ||
registration information about the person from any registry the | ||
agency or organization maintains that is accessible to the public | ||
with or without charge. | ||
Art. 62(A).355. WAIVER OF HEARING. (a) The prosecuting | ||
attorney may waive the state's right to a hearing under this | ||
subchapter and agree that registration under this chapter is not | ||
required. A waiver under this subsection must state whether the | ||
waiver is entered under a plea agreement. | ||
(b) If the waiver is entered under a plea agreement, the | ||
court, without a hearing, shall: | ||
(1) enter an order exempting the respondent from | ||
registration under this chapter; or | ||
(2) under Section 54.03(j), Family Code, inform the | ||
respondent that the court believes a hearing under this article is | ||
required and give the respondent the opportunity to: | ||
(A) withdraw the respondent's plea of guilty, | ||
nolo contendere, or true; or | ||
(B) affirm the respondent's plea and participate | ||
in the hearing. | ||
(c) If the waiver is entered other than under a plea | ||
agreement, the court, without a hearing, shall enter an order | ||
exempting the respondent from registration under this chapter. | ||
Art. 62(A).356. EFFECT OF CERTAIN ORDERS. (a) A person who | ||
has an adjudication of delinquent conduct that would otherwise be | ||
reportable under Article 62(A).001 does not have a reportable | ||
adjudication of delinquent conduct for purposes of this chapter if | ||
the juvenile court enters an order under this subchapter exempting | ||
the person from the registration requirements of this chapter. | ||
(b) If the juvenile court enters an order exempting a person | ||
from registration under this chapter, the respondent may not be | ||
required to register in this or any other state for the offense for | ||
which registration was exempted. | ||
Art. 62(A).357. APPEAL OF CERTAIN ORDERS. (a) | ||
Notwithstanding Section 56.01, Family Code, on entry by a juvenile | ||
court of an order under Article 62(A).352(a) exempting a respondent | ||
from registration under this chapter, 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 respondent from registration | ||
under this chapter. The appeal is limited to review of the order | ||
exempting the respondent from registration under this chapter and | ||
may not include any other issues in the case. | ||
(b) A respondent may under Section 56.01, Family Code, | ||
appeal a juvenile court's order under Article 62(A).352(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 requiring registration. | ||
SECTION 2. EFFECTIVE DATE. This Act takes effect | ||
immediately if it receives a vote of two-thirds of all members | ||
elected to each house, as provided by Section 39, Article III, Texas | ||
Constitution. If this Act does not receive the vote necessary for | ||
immediate effect, the Act takes effect on the ninety-first day | ||
after the last day of the legislative session in which it is | ||
enacted. |