Bill Text: TX HB3001 | 2011-2012 | 82nd Legislature | Engrossed
Bill Title: Relating to the monitoring of and provision of certain information regarding certain high-risk sex offenders; providing a penalty.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Engrossed - Dead) 2011-05-12 - Referred to Criminal Justice [HB3001 Detail]
Download: Texas-2011-HB3001-Engrossed.html
By: Thompson, et al. | H.B. No. 3001 |
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relating to the monitoring of and provision of certain information | ||
regarding certain high-risk sex offenders; providing a penalty. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Chapter 42, Code of Criminal Procedure, is | ||
amended by adding Article 42.0155 to read as follows: | ||
Art. 42.0155. FINDING REGARDING HIGH-RISK SEX OFFENDER. | ||
(a) This article applies only to an offense under: | ||
(1) Section 21.02, 21.11(a)(1), 22.011, or 22.021, | ||
Penal Code; | ||
(2) Section 43.25, Penal Code; | ||
(3) Section 20.04(a)(4), Penal Code, if the conduct is | ||
committed with the intent to violate or abuse the victim of the | ||
conduct sexually; or | ||
(4) Section 30.02, Penal Code, if the conduct is | ||
punishable under Subsection (d) of that section and is committed | ||
with the intent to commit an offense listed in Subdivision (1) or | ||
(2). | ||
(b) In the trial of an offense to which this article | ||
applies, the court shall make an affirmative finding of fact and | ||
enter the affirmative finding in the judgment in the case if the | ||
court determines by a preponderance of the evidence that the | ||
defendant is highly likely to commit a subsequent offense to which | ||
this article applies during a time at which the defendant is not | ||
confined in a penal institution. | ||
SECTION 2. Title 1, Code of Criminal Procedure, is amended | ||
by adding Chapter 61A to read as follows: | ||
CHAPTER 61A. ELECTRONIC MONITORING OF | ||
CERTAIN HIGH-RISK SEX OFFENDERS | ||
Art. 61A.01. DEFINITIONS. In this chapter: | ||
(1) "Department" means the Department of Public | ||
Safety. | ||
(2) "Local law enforcement authority" has the meaning | ||
assigned by Article 62.001. | ||
(3) "Monitoring system" means an electronic | ||
monitoring service, global positioning satellite service, or other | ||
appropriate technological service that is designed to track a | ||
person's location. | ||
(4) "Penal institution" means a confinement facility | ||
operated by or under contract with any division of the Texas | ||
Department of Criminal Justice. | ||
Art. 61A.02. MONITORING OF CERTAIN HIGH-RISK SEX OFFENDERS. | ||
(a) This article applies only to a person who is discharged from a | ||
penal institution, who has been convicted of an offense for which | ||
the judgment in the case contains an affirmative finding under | ||
Article 42.0155, and who: | ||
(1) is not under the supervision of the parole | ||
division of the Texas Department of Criminal Justice; or | ||
(2) has not been civilly committed under Chapter 841, | ||
Health and Safety Code. | ||
(b) A person described by Subsection (a) shall participate | ||
in any monitoring system program implemented under Subsection (c). | ||
(c) The department shall implement and coordinate a | ||
monitoring system program that tracks the location of persons | ||
subject to this chapter. A monitoring system program implemented | ||
under this subsection must require: | ||
(1) for each person subject to this chapter, the | ||
department to provide monitoring system equipment, sufficient to | ||
track the person's location, to the local law enforcement authority | ||
designated as the person's primary registration authority under | ||
Chapter 62; | ||
(2) the local law enforcement authority designated as | ||
a person's primary registration authority under Chapter 62 to use | ||
the monitoring system equipment provided under Subdivision (1) to | ||
verify the authenticity of any geographically verifiable | ||
information, including residence, contained in a sex offender | ||
registration form submitted by the person to that authority under | ||
Article 62.051; and | ||
(3) the manufacturer or vendor of the monitoring | ||
system equipment provided to a local law enforcement authority | ||
under Subdivision (1) to provide training and technological support | ||
to the authority with respect to the equipment. | ||
(d) A monitoring system that is part of a monitoring system | ||
program described by Subsection (c) must track a person's location | ||
and periodically provide a cumulative report of the tracked | ||
person's location to the department. The monitoring system is not | ||
required to be capable of tracking a person's location in real time | ||
or providing a real-time report of the person's location to the | ||
department. | ||
(e) A person who is not indigent and who is required to | ||
participate in a monitoring system program described by Subsection | ||
(c) is responsible for the cost of the monitoring system and monthly | ||
shall pay to the person's primary registration authority and to the | ||
department the amount that the primary registration authority or | ||
department, as applicable, determines is necessary to defray that | ||
entity's cost of operating the system with respect to the person | ||
during the preceding month. | ||
(f) The public safety director of the department shall adopt | ||
rules as necessary to implement and coordinate the monitoring | ||
system program described by Subsection (c). | ||
Art. 61A.03. EXEMPTION FROM MONITORING FOR CERTAIN SEX | ||
OFFENDERS. (a) Beginning on the 10th anniversary of the person's | ||
discharge from a penal institution, completion of a parole period, | ||
or participation in an early release from supervision program under | ||
Section 508.155(c), Government Code, whichever is latest, but not | ||
more than once during each calendar year, a person required to | ||
register under this chapter may petition the court having | ||
jurisdiction over the case for an order exempting the person from | ||
participating in a monitoring system program under this chapter. | ||
(b) After a hearing on the petition described by Subsection | ||
(a), the court may issue an order exempting the person from | ||
participating in a monitoring system program under this chapter if | ||
the court finds by a preponderance of the evidence that an exemption | ||
would not constitute a threat to public safety. | ||
(c) An order exempting the person from participating in a | ||
monitoring system program under this chapter does not expire, | ||
except that the court may withdraw the order if after the order is | ||
issued: | ||
(1) the person is convicted of an offense listed in | ||
Article 62.001; or | ||
(2) at a hearing, the court finds by a preponderance of | ||
the evidence that the continuation of an exemption order issued | ||
under Subsection (b) would constitute a threat to public safety. | ||
Art. 61A.04. FAILURE TO COMPLY WITH MONITORING | ||
REQUIREMENTS. (a) A person commits an offense if the person is | ||
subject to this chapter and fails to participate in a monitoring | ||
system program implemented under this chapter. | ||
(b) An offense under this article is a felony of the third | ||
degree. | ||
Art. 61A.05. FUNDING. The department may solicit and | ||
accept a gift, grant, or donation or other money from any source, | ||
including the legislature or a foundation, private entity, | ||
governmental entity, or institution of higher education, to help | ||
fund the implementation of a monitoring system program under this | ||
chapter. | ||
SECTION 3. Subchapter A, Chapter 62, Code of Criminal | ||
Procedure, is amended by adding Article 62.0052 to read as follows: | ||
Art. 62.0052. ELECTRONIC MAIL REPORTS FOR STATE | ||
LEGISLATORS. (a) The department shall maintain an electronic mail | ||
report service to which a member of the house of representatives or | ||
the senate of this state may electronically subscribe. | ||
(b) The electronic mail report service maintained under | ||
Subsection (a) must: | ||
(1) allow a subscribing representative or senator to | ||
request for each zip code any portion of which is located in the | ||
representative's or senator's district notification of: | ||
(A) the release from a penal institution or | ||
placement on deferred adjudication community supervision, | ||
community supervision, or juvenile probation of a person who | ||
expects to reside or resides in that zip code and is required to | ||
register under this chapter; and | ||
(B) any change in address of a person who expects | ||
to reside or resides in that zip code and is required to register | ||
under this chapter; and | ||
(2) not less frequently than monthly, deliver to the | ||
subscribing representative or senator a report containing the | ||
information described by Subdivision (1). | ||
(c) The department must include any public information | ||
described by Article 62.005 in an electronic mail report sent to a | ||
subscribing representative or senator. | ||
SECTION 4. Subchapter B, Chapter 62, Code of Criminal | ||
Procedure, is amended by adding Article 62.0531 to read as follows: | ||
Art. 62.0531. DETERMINATION OF PREDATORY RISK LEVEL. (a) | ||
In this article, "sexually predatory conduct" means conduct that is | ||
engaged in for the purpose of victimization and that: | ||
(1) is directed toward a stranger, a person of casual | ||
acquaintance with whom no substantial relationship exists, or a | ||
person with whom a relationship has been established or promoted | ||
for the purpose of victimization; and | ||
(2) violates: | ||
(A) Section 21.11(a)(1), 22.011, or 22.021, | ||
Penal Code; | ||
(B) Section 43.25, Penal Code; | ||
(C) Section 20.04(a)(4), Penal Code, if the | ||
conduct is committed with the intent to violate or abuse the victim | ||
of the conduct sexually; or | ||
(D) Section 30.02, Penal Code, if the conduct is | ||
punishable under Subsection (d) of that section and is committed | ||
with the intent to engage in conduct described by Paragraph (A) or | ||
(C). | ||
(b) In addition to assigning to a person a numeric risk | ||
level of one, two, or three under Article 62.053(a), before a person | ||
who will be subject to registration under this chapter and who will | ||
be described by Article 62.063(b) on or after release is due to be | ||
released from a penal institution, the Texas Department of Criminal | ||
Justice or the Texas Youth Commission, as applicable, using the | ||
dynamic risk assessment tool developed or adopted by the Council on | ||
Sex Offender Treatment under Section 110.164, Occupations Code, | ||
shall: | ||
(1) determine the likelihood that the person will | ||
engage in sexually predatory conduct after being released from the | ||
institution; and | ||
(2) assign to the person a predatory risk level of low, | ||
medium, or high. | ||
SECTION 5. Subchapter B, Chapter 62, Code of Criminal | ||
Procedure, is amended by adding Article 62.063 to read as follows: | ||
Art. 62.063. MONITORING OF CERTAIN HIGH-RISK REGISTRANTS. | ||
(a) In this article, "monitoring system" means an electronic | ||
monitoring service, global positioning satellite service, or other | ||
appropriate technological service that is designed to track a | ||
person's location. | ||
(b) This article applies only to a person 18 years of age or | ||
older who is released from a penal institution, who is required to | ||
register under this chapter as the result of a reportable | ||
conviction or adjudication, and who: | ||
(1) is not otherwise subject to monitoring under | ||
Chapter 61A; | ||
(2) is not under the supervision and control of: | ||
(A) the Texas Youth Commission; | ||
(B) a community supervision and corrections | ||
department; or | ||
(C) the parole division of the Texas Department | ||
of Criminal Justice; or | ||
(3) has not been civilly committed under Chapter 841, | ||
Health and Safety Code. | ||
(c) A person described by Subsection (b) who, under Article | ||
62.0531, is assigned a predatory risk level of high shall | ||
participate in any monitoring system program implemented under | ||
Subsection (d). A person's duty to participate in the program | ||
expires on the third anniversary of the date the person is released | ||
from the penal institution. | ||
(d) Subject to the receipt of one or more grants awarded by | ||
the criminal justice division of the governor's office, the | ||
department shall implement and coordinate a monitoring system | ||
program that tracks the location of persons subject to this | ||
article. A monitoring system program implemented under this | ||
subsection must require: | ||
(1) the department to provide to each local law | ||
enforcement authority designated as the primary registration | ||
authority under this chapter for a person subject to this article | ||
monitoring system equipment that is sufficient to track the | ||
location of the person; | ||
(2) each local law enforcement authority designated as | ||
a person's primary registration authority under this chapter to use | ||
the monitoring system equipment provided under Subdivision (1) to | ||
verify the authenticity of any geographically verifiable | ||
information contained in the registration form of a person subject | ||
to this article, including the person's residence; and | ||
(3) the manufacturer or vendor of the monitoring | ||
system equipment provided to a local law enforcement authority | ||
under Subdivision (1) to provide training and technological support | ||
to the authority with respect to the equipment. | ||
(e) A monitoring system that is part of a monitoring system | ||
program described by Subsection (d) must track a person's location | ||
and periodically provide a cumulative report of the tracked | ||
person's location to the department. The monitoring system is not | ||
required to be capable of tracking a person's location in real time | ||
or providing a real-time report of the person's location to the | ||
department. | ||
(f) A person who is not indigent and who is required to | ||
participate in a monitoring system program described by Subsection | ||
(d) is responsible for the cost of the monitoring system and monthly | ||
shall pay to the person's primary registration authority and to the | ||
department the amount that the primary registration authority or | ||
department, as applicable, determines is necessary to defray that | ||
entity's cost of operating the system with respect to the person | ||
during the preceding month. | ||
(g) In the manner prescribed by the criminal justice | ||
division of the governor's office, the department shall report to | ||
the division the amounts of any money received by the department | ||
under Subsection (f). The division shall treat that money as | ||
program income for the department and shall use the reported | ||
amounts to offset the amounts of grants awarded by the division to | ||
the department. | ||
(h) The public safety director of the department shall adopt | ||
rules as necessary to implement and coordinate the monitoring | ||
system program described by Subsection (d). | ||
(i) Notwithstanding any other provision of this article, | ||
this article does not apply to a person who is released from a penal | ||
institution before the date that the monitoring system program is | ||
implemented and becomes fully operational. | ||
SECTION 6. Section 110.164(a), Occupations Code, is amended | ||
to read as follows: | ||
(a) The council shall develop or adopt a dynamic risk | ||
assessment tool to be used in determining the likelihood that a | ||
person who is confined in a penal institution and will become | ||
subject to Chapter 62, Code of Criminal Procedure, on being | ||
released from the institution will: | ||
(1) engage in sexually predatory conduct; or | ||
(2) otherwise commit an offense described by Article | ||
62.001(5), Code of Criminal Procedure[ |
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SECTION 7. The Department of Public Safety shall ensure | ||
that the electronic mail report service required to be maintained | ||
under Article 62.0052, Code of Criminal Procedure, as added by this | ||
Act, becomes fully functional and able to receive subscription | ||
requests and shall begin to respond appropriately to those requests | ||
not later than January 1, 2012. | ||
SECTION 8. (a) Not later than September 15, 2011, the | ||
Department of Public Safety shall issue a request for | ||
qualifications or proposal for the purchase of any monitoring | ||
system equipment necessary to operate the monitoring system program | ||
described by Article 62.063, Code of Criminal Procedure, as added | ||
by this Act, and to operate the monitoring system program described | ||
by Chapter 61A, Code of Criminal Procedure, as added by this Act. | ||
The department may consider only those responses to the request for | ||
qualifications or proposal that are received from, and may only | ||
contract with, a manufacturer of the monitoring system equipment. | ||
(b) The selection process through which the Department of | ||
Public Safety chooses a manufacturer with which to contract under | ||
Subsection (a) of this section must include side-by-side test | ||
comparisons of all products being considered. In awarding a | ||
contract under Subsection (a) of this section, the department may | ||
not give greater weight to cost considerations than to | ||
considerations concerning the product test results, product | ||
reliability and functionality, and the protection of public safety. | ||
(c) Subject to the receipt of one or more grants awarded by | ||
the criminal justice division of the governor's office, the | ||
Department of Public Safety shall ensure that the monitoring system | ||
program required under Article 62.063, Code of Criminal Procedure, | ||
as added by this Act, becomes fully operational not later than | ||
February 29, 2012. | ||
SECTION 9. (a) Article 42.0155, Code of Criminal | ||
Procedure, as added by this Act, applies only to a judgment of | ||
conviction entered for an offense committed on or after the | ||
effective date of this Act. | ||
(b) The change in law made by this Act in adding Chapter 61A, | ||
Code of Criminal Procedure, applies only to an offense committed on | ||
or after the effective date of this Act. | ||
(c) An offense committed before the effective date of this | ||
Act is covered by the law in effect when the offense was committed, | ||
and the former law is continued in effect for that purpose. For the | ||
purposes of this section, an offense was committed before the | ||
effective date of this Act if any element of the offense was | ||
committed before that date. | ||
SECTION 10. This Act takes effect September 1, 2011. |