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A BILL TO BE ENTITLED
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AN ACT
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relating to prohibitions on certain employment and volunteer |
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activity for sex offenders required to register for life. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 62.063, Code of Criminal Procedure, is |
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amended to read as follows: |
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Art. 62.063. PROHIBITED EMPLOYMENT AND VOLUNTEER ACTIVITY. |
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(a) In this article: |
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(1) "Amusement ride" has the meaning assigned by |
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Section 2151.002, Occupations Code. |
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(2) "Bus" has the meaning assigned by Section 541.201, |
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Transportation Code. |
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(3) "Playground," "premises," "school," "video arcade |
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facility," and "youth center" have the meanings assigned by Section |
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481.134, Health and Safety Code. |
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(b) A person whose duty to register [subject to
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registration] under this chapter expires under Article 62.101(a) |
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[because of a reportable conviction or adjudication for which an
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affirmative finding is entered under Article 42.015(b) or Section
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5(e)(2), Article 42.12, as appropriate,] may not: |
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(1) [,] for compensation: |
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(A) [(1)] operate or offer to operate a bus; |
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(B) [(2)] provide or offer to provide a passenger |
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taxicab or limousine transportation service; |
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(C) [(3)] provide or offer to provide any type of |
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service in the residence of another person unless the provision of |
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service will be supervised; or |
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(D) [(4)] operate or offer to operate any |
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amusement ride; or |
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(2) regardless of any compensation received: |
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(A) supervise or participate in any program that |
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includes as participants or recipients persons who are 17 years of |
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age or younger and that regularly provides athletic, civic, or |
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cultural activities; or |
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(B) provide or offer to provide any type of |
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service at a premises where children commonly gather, including a |
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school, day-care facility, playground, public or private youth |
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center, public swimming pool, or video arcade facility. |
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SECTION 2. Article 62.053(a), Code of Criminal Procedure, |
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is amended to read as follows: |
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(a) Before a person who will be subject to registration |
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under this chapter is due to be released from a penal institution, |
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the Texas Department of Criminal Justice or the Texas Juvenile |
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Justice Department shall determine the person's level of risk to |
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the community using the sex offender screening tool developed or |
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selected under Article 62.007 and assign to the person a numeric |
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risk level of one, two, or three. Before releasing the person, an |
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official of the penal institution shall: |
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(1) inform the person that: |
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(A) not later than the later of the seventh day |
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after the date on which the person is released or after the date on |
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which the person moves from a previous residence to a new residence |
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in this state or not later than the first date the applicable local |
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law enforcement authority by policy allows the person to register |
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or verify registration, the person must register or verify |
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registration with the local law enforcement authority in the |
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municipality or county in which the person intends to reside; |
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(B) not later than the seventh day after the date |
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on which the person is released or the date on which the person |
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moves from a previous residence to a new residence in this state, |
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the person must, if the person has not moved to an intended |
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residence, report to the applicable entity or entities as required |
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by Article 62.051(h) or (j) or 62.055(e); |
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(C) not later than the seventh day before the |
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date on which the person moves to a new residence in this state or |
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another state, the person must report in person to the local law |
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enforcement authority designated as the person's primary |
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registration authority by the department and to the juvenile |
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probation officer, community supervision and corrections |
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department officer, or parole officer supervising the person; |
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(D) not later than the 10th day after the date on |
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which the person arrives in another state in which the person |
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intends to reside, the person must register with the law |
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enforcement agency that is identified by the department as the |
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agency designated by that state to receive registration |
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information, if the other state has a registration requirement for |
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sex offenders; |
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(E) not later than the 30th day after the date on |
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which the person is released, the person must apply to the |
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department in person for the issuance of an original or renewal |
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driver's license or personal identification certificate and a |
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failure to apply to the department as required by this paragraph |
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results in the automatic revocation of any driver's license or |
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personal identification certificate issued by the department to the |
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person; |
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(F) the person must notify appropriate entities |
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of any change in status as described by Article 62.057; [and] |
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(G) certain types of employment are prohibited |
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under Article 62.063 for a person with a reportable conviction or |
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adjudication for a sexually violent offense involving a victim |
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younger than 14 years of age and occurring on or after September 1, |
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2013, but before September 1, 2015; and |
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(H) if the person's duty to register under this |
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chapter expires under Article 62.101(a), certain types of |
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employment and certain types of volunteer activity are prohibited |
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under Article 62.063 for a person with a reportable conviction or |
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adjudication for an offense occurring on or after September 1, |
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2015; |
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(2) require the person to sign a written statement |
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that the person was informed of the person's duties as described by |
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Subdivision (1) or Subsection (g) or, if the person refuses to sign |
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the statement, certify that the person was so informed; |
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(3) obtain the address or, if applicable, a detailed |
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description of each geographical location where the person expects |
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to reside on the person's release and other registration |
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information, including a photograph and complete set of |
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fingerprints; and |
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(4) complete the registration form for the person. |
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SECTION 3. Article 62.058(f), Code of Criminal Procedure, |
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is amended to read as follows: |
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(f) A local law enforcement authority that provides to a |
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person subject to the prohibitions described by Article 62.063 a |
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registration form for verification as required by this chapter |
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shall include with the form a statement summarizing the types of |
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employment and the types of volunteer activity that are prohibited |
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for that person. |
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SECTION 4. (a) The change in law made by this Act in |
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amending Article 62.063, Code of Criminal Procedure, applies only |
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to a person who is required to register under Chapter 62, Code of |
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Criminal Procedure, on the basis of a conviction or adjudication |
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for an offense committed on or after the effective date of this Act. |
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An offense committed before the effective date of this Act is |
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governed by the law in effect on the date the offense was committed, |
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and the former law is continued in effect for that purpose. |
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(b) A person who is required to register under Chapter 62, |
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Code of Criminal Procedure, solely on the basis of a conviction or |
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adjudication that occurs before the effective date of this Act is |
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governed by the law in effect when the conviction or adjudication |
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occurred, and the former law is continued in effect for that |
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purpose. |
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SECTION 5. This Act takes effect September 1, 2015. |