HBA-NIK H.B. 3115 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 3115 By: Uresti Public Safety 4/20/1999 Introduced BACKGROUND AND PURPOSE Currently, Texas law does not provide for the registration of convicted drug dealers. Persons convicted of first degree felony offenses can move freely into neighborhoods frequented by schoolage children. Parents and teachers may be unaware that a convicted drug dealer resides in the area. H.B. 3115 requires persons convicted of first-degree felony drug offenses to register with local law enforcement. 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 Chapter 481, Health and Safety Code, by adding Subchapter H, as follows: SUBCHAPTER H. REGISTRATION REQUIREMENTS Sec. 481.251. DEFINITIONS. Defines "local law enforcement authority," "penal institution," "released," and "reportable conviction." Sec. 481.252. REGISTRATION. (a) Requires a person who has a reportable conviction to register, or verify registration as provided by Subsection (c), with the local law enforcement authority in any municipality where the person resides or intends to reside for more than seven days. Requires the person to register or verify registration in any county 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. Requires the person to satisfy the requirements of this subsection not later than the seventh day after the person's arrival in the municipality or county. (b) Requires the Department of Public Safety (department) to provide the Texas Department of Criminal Justice and each local law enforcement authority with a form for registering persons required by this subchapter to register. Requires the registration form to require the person's full name, each alias, date of birth, sex, race, height, weight, eye color, hair color, social security number, driver's license number, and home address, and the offense the person was convicted of, the date of conviction, and the punishment received. (c) Requires a person for whom registration is completed under this subchapter to report to the applicable local law enforcement authority to verify the information in the registration form received by the authority under this subchapter. Requires the authority to 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. Requires the person to verify registration by signing the form if the information in the registration form is complete and accurate. Requires the person to make any necessary additions or corrections before signing the form if the information is incomplete or inaccurate. Sec. 481.253. PRERELEASE NOTIFICATION. (a) Requires an official of a penal institution, before the person who will be subject to registration under this subchapter is due to be released from the penal institution, to inform the person of the person's duties under this subchapter, to obtain the address where the person expects to reside on the person's release and other registration information, and, to complete the registration form for the person. (b) Requires an official of a penal institution to send the person's completed registration form to the department and to the applicable local law enforcement authority in the municipality or county in which the person intends to reside on the seventh day before the date on which a person who will be subject to registration under this subchapter is due to be released from the penal institution, or on receipt of notice by the penal institution that a person who will be subject to registration under this subchapter is due to be released in less than seven days. (c) Requires the local law enforcement authority, on receiving a registration form under this section, to provide notice to the superintendent of the public school district and to the administrator of any private primary or secondary school located in the public school district in which the person subject to registration intends to reside by mail to the office of the superintendent or administrator, as appropriate. Requires the local law enforcement authority to include in the notice any information the authority determines is necessary to protect the public, except the person's social security number, driver's license number, or telephone number. Sec. 481.254. CHANGE OF ADDRESS. (a) Requires a person required to register, if the person intends to change address, to report in person to the local law enforcement authority with whom the person last registered and to the parole officer supervising the person and provide the authority and the officer with the person's anticipated move date and new address not later than the seventh day before the intended change. (b) Requires the person's parole officer to forward the information provided under Subsection (a) to the department, to the local law enforcement authority with whom the person last registered, and to the applicable local law enforcement authority in the municipality or county in which the person intends to reside not later than the third day after receipt of notice under Subsection (a). (c) Requires the local law enforcement authority in the municipality or county in which the person intends to reside to provide notice by mail to the office of the superintendent of the public school district or administrator of any private primary or secondary school, as appropriate, located in the public school district in which the person subject to registration intends to reside, upon receipt of this information. Requires the local law enforcement authority to include in the notice any information the authority determines is necessary to protect the public, except the person's social security number, driver's license number, or telephone number. Sec. 481.255. FAILURE TO COMPLY WITH REGISTRATION REQUIREMENTS. Provides that a person commits an offense if the person is required to register and fails to register under this subchapter. Provides that an offense under this article is a state jail felony. Sec. 481.256. EXPIRATION OF DUTY TO REGISTER. Provides that the duty to register for a person with a reportable conviction under this subchapter expires on the 10th anniversary of the date on which the person is released from a penal institution having discharged the person's sentence or completes the person's period of parole or release on mandatory supervision. SECTION 2. Effective date: September 1, 1999. Makes application of this Act prospective. SECTION 3. Emergency clause.