Bill Text: TX SB811 | 2017-2018 | 85th Legislature | Introduced
Bill Title: Relating to sex offender registration and a prohibition on certain registered sex offenders from being in a motor vehicle with a minor who is not a family member.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2017-02-27 - Referred to Criminal Justice [SB811 Detail]
Download: Texas-2017-SB811-Introduced.html
85R2515 MEW-D | ||
By: Kolkhorst | S.B. No. 811 |
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relating to sex offender registration and a prohibition on certain | ||
registered sex offenders from being in a motor vehicle with a minor | ||
who is not a family member. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Article 62.001(5), Code of Criminal Procedure, | ||
is amended to read as follows: | ||
(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: | ||
(A) a violation of Section 21.02 (Continuous | ||
sexual abuse of young child or children), 21.11 (Indecency with a | ||
child), 22.011 (Sexual assault), 22.021 (Aggravated sexual | ||
assault), or 25.02 (Prohibited sexual conduct), Penal Code; | ||
(B) a violation of Section 43.03 (Promotion of | ||
prostitution), 43.04 (Aggravated promotion of prostitution), 43.05 | ||
(Compelling prostitution), 43.25 (Sexual performance by a child), | ||
or 43.26 (Possession or promotion of child pornography), Penal | ||
Code; | ||
(B-1) a violation of Section 43.02(b) [ |
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(Prostitution), Penal Code[ |
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(C) a violation of Section 20.04(a)(4) | ||
(Aggravated kidnapping), Penal Code, if the actor committed the | ||
offense or engaged in the conduct with intent to violate or abuse | ||
the victim sexually; | ||
(D) a violation of Section 30.02 (Burglary), | ||
Penal Code, if the offense or conduct is punishable under | ||
Subsection (d) of that section and the actor committed the offense | ||
or engaged in the conduct with intent to commit a felony listed in | ||
Paragraph (A) or (C); | ||
(E) a violation of Section 20.02 (Unlawful | ||
restraint), 20.03 (Kidnapping), or 20.04 (Aggravated kidnapping), | ||
Penal Code, if, as applicable: | ||
(i) the judgment in the case contains an | ||
affirmative finding under Article 42.015; or | ||
(ii) the order in the hearing or the papers | ||
in the case contain an affirmative finding that the victim or | ||
intended victim was younger than 17 years of age; | ||
(F) the second violation of Section 21.08 | ||
(Indecent exposure), Penal Code, but not if the second violation | ||
results in a deferred adjudication; | ||
(G) an attempt, conspiracy, or solicitation, as | ||
defined by Chapter 15, Penal Code, to commit an offense or engage in | ||
conduct listed in Paragraph (A), (B), (C), (D), (E), [ |
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(L); | ||
(H) a violation of the laws of another state, | ||
federal law, the laws of a foreign country, or the Uniform Code of | ||
Military Justice for or based on the violation of an offense | ||
containing elements that are substantially similar to the elements | ||
of an offense listed under Paragraph (A), (B), (B-1), (C), (D), (E), | ||
(G), (J), [ |
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deferred adjudication; | ||
(I) the second violation of the laws of another | ||
state, federal law, the laws of a foreign country, or the Uniform | ||
Code of Military Justice for or based on the violation of an offense | ||
containing elements that are substantially similar to the elements | ||
of the offense of indecent exposure, but not if the second violation | ||
results in a deferred adjudication; | ||
(J) a violation of Section 33.021 (Online | ||
solicitation of a minor), Penal Code; [ |
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(K) a violation of Section 20A.02(a)(3), (4), | ||
(7), or (8) (Trafficking of persons), Penal Code; or | ||
(L) a violation of Section 20A.03 (Continuous | ||
trafficking of persons), Penal Code, if the offense is based partly | ||
or wholly on conduct that constitutes an offense under Section | ||
20A.02(a)(3), (4), (7), or (8) of that code. | ||
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) for a person with a reportable conviction or | ||
adjudication, other than a reportable conviction or adjudication | ||
described by Article 62.001(5)(F) or (I), that is for or based on an | ||
offense occurring on or after September 1, 2017, the person may not | ||
be in a motor vehicle with a minor who is not a family member, as | ||
provided by Article 62.064; | ||
(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 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 4. Subchapter B, Chapter 62, Code of Criminal | ||
Procedure, is amended by adding Article 62.064 to read as follows: | ||
Art. 62.064. CERTAIN MINORS IN MOTOR VEHICLES PROHIBITED. | ||
(a) In this article: | ||
(1) "Family member" means a person related to another | ||
person within the third degree by consanguinity or affinity, as | ||
described by Subchapter B, Chapter 573, Government Code. | ||
(2) "Minor" means an individual who is younger than 18 | ||
years of age. | ||
(b) A person subject to registration under this chapter | ||
because of a reportable conviction or adjudication, other than a | ||
reportable conviction or adjudication described by Article | ||
62.001(5)(F) or (I), may not be in a motor vehicle with a minor who | ||
is not a family member. | ||
SECTION 5. Article 62.101(a), Code of Criminal Procedure, | ||
is amended to read as follows: | ||
(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) a sexually violent offense; | ||
(2) an offense under Section 20A.02(a)(3), (4), (7), | ||
or (8), 25.02, 43.05(a)(2), or 43.26, Penal Code; | ||
(3) an offense under Section 20A.03, Penal Code, if | ||
based partly or wholly on conduct that constitutes an offense under | ||
Section 20A.02(a)(3), (4), (7), or (8) of that code; | ||
(4) an offense under Section 21.11(a)(2), Penal Code, | ||
if before or after the person is convicted or adjudicated for the | ||
offense under Section 21.11(a)(2), Penal Code, the person receives | ||
or has received another reportable conviction or adjudication, | ||
other than an adjudication of delinquent conduct, for an offense or | ||
conduct that requires registration under this chapter; | ||
(5) [ |
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20.04, Penal Code, if: | ||
(A) the judgment in the case contains an | ||
affirmative finding under Article 42.015 or, for a deferred | ||
adjudication, the papers in the case contain an affirmative finding | ||
that the victim or intended victim was younger than 17 years of age; | ||
and | ||
(B) before or after the person is convicted or | ||
adjudicated for the offense under Section 20.02, 20.03, or 20.04, | ||
Penal Code, the person receives or has received another reportable | ||
conviction or adjudication, other than an adjudication of | ||
delinquent conduct, for an offense or conduct that requires | ||
registration under this chapter; or | ||
(6) [ |
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that is punishable under Subsection (h) of that section. | ||
SECTION 6. The changes in law made by this Act in amending | ||
Chapter 62, Code of Criminal Procedure, apply 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 or based | ||
on an offense committed on or after the effective date of this Act. | ||
A person who is required to register under Chapter 62, Code of | ||
Criminal Procedure, solely on the basis of a conviction or | ||
adjudication for or based on 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. For purposes of this section, an offense | ||
was committed before the effective date of this Act if any element | ||
of the offense occurred before that date. | ||
SECTION 7. This Act takes effect September 1, 2017. |