HBA-DMD S.B. 1650 76(R)BILL ANALYSIS


Office of House Bill AnalysisS.B. 1650
By: Jackson
Corrections
5/11/1999
Engrossed



BACKGROUND AND PURPOSE 

Under current Texas law, a person subject to sex offender registration is
required to register with certain authorities upon being released from a
penal institution. S.B. 1650 requires the risk assessment review committee
(committee) established by the Texas Department of Criminal Justice to
determine the person's level of risk to the community using the sex
offender screening tool developed by the committee, to assign the person a
numeric risk level of one or two, and to immediately send a written notice
of the risk level to the penal institution from which the person is due to
be released, before a person who will be subject to registration is due to
be released from the penal institution.  

This bill requires an official of the penal institution to send the
person's numeric risk level, in addition to the person's completed
registration form, to the Department of Public Safety (DPS) and to other
specified agencies, seven days before a person who will be subject to
registration is due to be released from a penal institution, or upon
receiving notice by a penal institution that a person who will be subject
to registration is due to be released in less than seven days. This bill
also requires the committee to develop or select from among existing tools
a sex offender screening tool to be used in determining the level of risk
of a person subject to registration. It authorizes the committee to assign
to a person a numeric risk level of three only upon receiving notice that
the person intends to move to a new residence in this state and only if
certain conditions are met.  

S.B. 1650 requires DPS, upon receiving notice that a person subject to
registration is due to be released from a penal institution, has been
placed on community supervision or juvenile probation, or intends to move
to a new residence in this state, to verify the person's numeric risk
level. In addition, this bill requires DPS, if the person is assigned a
numeric risk level one, no later than seven days after the person is
released or 10 days after the person moves, to provide written notice
mailed or delivered to at least each residential address 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. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Articles 62.03(a), (b), (c), (e), and (f), Code of
Criminal Procedure, as follows: 

(a) Requires the risk assessment review committee (committee) established
under Article 62.035, Code of Criminal Procedure, before a person who will
be subject to registration under this chapter is due to be released from a
penal institution, to determine the person's level of risk to the community
using the sex offender screening tool developed or selected under that
article, assign the person a numeric risk level of one or two, and
immediately send a written notice of the risk level to the penal
institution from which the person is due to be released. Sets forth
requirements for an official of the penal institution, upon receiving
notice under this subsection. The existing text sets forth requirements for
an  official of the penal institution, before a person who will be subject
to registration under this chapter is due to be released from a penal
institution. 

(b) Requires an official of the penal institution to send the person's
numeric risk level, in addition to the person's completed registration
form, to the Department of Public Safety (DPS) and to other specified
agencies, seven days before a person who will be subject to registration
under this chapter is due to be released from a penal institution, or upon
receiving 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. 

(c) Requires the court that orders deferred adjudication, probation or
community supervision, or imposes a fine for a person who is subject to
registration under this chapter, to make a determination of the person's
numeric risk level using the sex offender screening tool developed or
selected under Article 62.035, to assign the person a numeric risk level of
one or two, and to ensure that the prerelease notification and registration
requirements specified in this article are conducted on the day of entering
the order or sentencing. Makes conforming changes. 

(e) Makes conforming changes.

(f) Includes the person's numeric risk level assigned under this chapter
and the guidelines used to determine a person's risk level generally, among
other information that the local law enforcement authority is required to
include in the notice by publication in a newspaper. 

SECTION 2.  Amends Chapter 62, Code of Criminal Procedure, as added by
Chapter 668, Acts of the 75th Legislature, Regular Session, 1997, by adding
Article 62.035, as follows: 

Art. 62.035. RISK ASSESSMENT REVIEW COMMITTEE; SEX OFFENDER SCREENING TOOL.
(a) Requires the Texas Department of Criminal Justice to establish a risk
assessment review committee (committee) composed of at least five members,
each of whom is a state employee whose service on the committee is in
addition to the employee's regular duties. Sets forth the composition of
the committee. 

(b) Requires the committee to develop or select from among existing tools a
sex offender screening tool to be used in determining the level of risk of
a person subject to registration under this chapter. Provides that the sex
offender screening tool must use an objective point system which assigns a
person a designated number of points for each of various factors, such as
the nature of the offense for which the person is subject to registration,
the age of the victim, and the number of occasions on which the person has
been convicted of or adjudicated for an offense for which a person is
subject to registration under this chapter. Requires the committee, when
developing or selecting the sex offender screening tool, to use or select a
screening tool that may be adapted to use certain general guidelines. 

(c) Authorizes the committee to assign to a person a numeric risk level of
three only upon receiving notice under Article 62.04, Code of Criminal
Procedure, that the person intends to move to a new residence in this state
and only if certain conditions are met. 

SECTION 3.  Amends Articles 62.04(d), (f), and (g), Code of Criminal
Procedure, as follows: 

(d) Requires the local law enforcement authority, no later than the third
day after receiving information under Subsection (a) or (b), whichever is
earlier, to forward this information to DPS and, if the person meets the
criteria described by Article 62.035(c), Code of Criminal Procedure, to be
reassigned a numeric risk level of three, to the committee established
under that article. Requires the committee, upon receiving information
under this subsection, to determine whether the person meets the criteria
to be reassigned a numeric risk level of three, assign to the person a
numeric risk level of three, if the person meets that criteria, and
immediately send a written notice of the person's risk level to DPS  and to
the local law enforcement authority in the municipality or county where the
person intends to reside.  

(f) Requires the authority, if the person is not assigned a numeric risk
level three, in addition to the condition that the victim is a child
younger than 17 years of age, the basis on which the person is subject to
registration is not an adjudication of delinquent conduct and is not a
conviction or a deferred adjudication for an offense under Section 25.02
(Prohibited Sexual Conduct), Penal Code, to immediately publish notice in
English and Spanish in the newspaper of greatest paid circulation in the
county in which the person subject to registration intends to reside or, if
there is no newspaper of paid circulation in that county, in the newspaper
of greatest general circulation in the county. Makes conforming changes. 

(g) Includes the person's numeric risk level assigned under this chapter
and the guidelines used to determine a person's risk level generally, among
other information that the local law enforcement authority is required to
include in the notice by publication in a newspaper. 

SECTION 4.  Amends Chapter 62, Code of Criminal Procedure, as added by
Chapter 668, Acts of the 75th Legislature, Regular Session, 1997, by adding
Article 62.045, as follows: 

Art. 62.045. ADDITIONAL PUBLIC NOTICE FOR CERTAIN OFFENDERS. (a) Requires
DPS, upon receiving notice under this chapter that a person subject to
registration is due to be released from a penal institution, has been
placed on community supervision or juvenile probation, or intends to move
to a new residence in this state, to verify the person's numeric risk level
assigned under this chapter. Requires DPS, if the person is assigned a
numeric risk level one, no later than seven days after the person is
released or 10 days after the person moves, to provide written notice
mailed or delivered to at least each residential address 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) Requires DPS to include in the notice any information that is public
information under this chapter. Prohibits DPS from including any
information that is not public information under this chapter. 

(c) Requires DPS to establish procedures for a person with respect to whom
notice is provided under Subsection (a), other than a person subject to
registration on the basis of an adjudication of delinquent conduct, to pay
to DPS all costs incurred by DPS in providing the notice. Requires the
person to pay those costs in accordance with the procedures established
under this subsection. 

(d) Authorizes the local law enforcement authority, upon receiving notice
under this chapter that a person subject to registration under this chapter
is required to register or verify registration with a local law enforcement
authority and has been assigned a numeric risk level of one, to provide
notice to the public in any manner determined appropriate by the local law
enforcement authority, including holding a neighborhood meeting, posting
notices in the area where the person intends to reside, distributing
printed notices to area residents, or establishing a specialized local
website. Authorizes the local law enforcement authority to include in the
notice any information that is public information under this chapter.  

SECTION 5. Requires the Texas Department of Criminal Justice to establish
the committee, as required by Article 62.035, Code of Criminal Procedure,
as added by this Act, no later than September 1, 1999. Requires the
committee to develop or select the sex offender screening tool, as required
by Article 62.035, no later than December 1, 1999, and to make the tool
available to all judges hearing criminal cases not later than December 15,
1999. Provides that each person released from a penal institution, as
defined by Article 62.01 (Definitions), Code of Criminal Procedure, or
placed on community supervision or juvenile probation on or after January
1, 2000, and for whom registration is required under Chapter 62 (Sex
Offender Registration Program), Code of Criminal  Procedure, as added by
Chapter 668, Acts of the 75th Legislature, Regular Session, 1997, must be
assigned a numeric risk level as required by Chapter 62. 

SECTION 6. (a) Requires DPS to establish the procedures required by Article
62.045, Code of Criminal Procedure, as added by this Act, no later than
January 1, 2000. 

(b) Makes application of Article 62.045, Code of Criminal Procedure, as
added by this Act, prospective on January 1, 2000. 

SECTION 7.  Provides that this Act takes effect only if a specific
appropriation for the implementation of this Act is provided in H.B. No. 1,
Acts of the 76th Legislature, Regular Session, 1999. Provides that if no
specific appropriation is provided in H.B. No. 1, this Act has no effect. 

SECTION 8.Emergency clause.
  Effective date: upon passage.