HBA-ATS S.B. 1224 76(R)    BILL ANALYSIS


Office of House Bill AnalysisS.B. 1224
By: Shapiro
Public Safety
5/13/1999
Engrossed



BACKGROUND AND PURPOSE 

A sexually violent predator may be defined as a person who has been
convicted of or charged with a sexually violent offense and who suffers
from a mental abnormality or personality disorder that makes the person
likely to engage in a predatory act of sexual violence if the person is not
confined in a secure correctional facility.  The dangers that criminally
violent sex offenders may pose upon release from prison is a concern to
many communities.  Based on the probability of future harmful conduct, some
states have responded by enacting legislation that allows the use of a
civil commitment process to continue the confinement of sexually violent
criminal offenders who are found to have a mental abnormality that causes
them to pose a danger to others, even if they are not found to have a
mental illness.  Although the use of the civil commitment of dangerous sex
offenders who do not have a mental illness is highly controversial because
civil commitment is typically intended for people with mental illnesses,
not for criminals labeled as likely to reoffend, the United States Supreme
Court has upheld its constitutionality.  See Kansas v. Hendricks, 117 S.Ct.
2072 (1997). 

Current Texas law does not provide for the civil commitment of dangerous
sex offenders who do not have a mental illness to psychiatric hospitals
following completion of their prison sentences.  In this session, several
bills have been introduced to establish a process for the civil commitment
of sex offenders.  If one or more of those bills become law, S.B. 1224
creates three new articles in the Code of Criminal Procedure that provide
for additional regulation of persons subject to registration as sex
offenders who are civilly committed. 

Article 62.0451 requires the Department of Public Safety (department), when
it receives notice that a person subject to registration who is civilly
committed as a sexually violent predator is due to be released from a penal
institution or intends to move to a new residence in this state, to provide
written notice within a certain period to at least each residential address
within a one-mile radius or a three-block area, as applicable, of the place
where the person intends to reside.  The department's duty to provide
notice in regard to a particular person ends on the date on which a court
releases the person from all requirements of the civil commitment process.
Article 62.061 requires a person who is subject to registration and is
civilly committed as a sexually violent predator to report to the authority
with whom the person is required to register not less than once in each
30-day period following the date the person first registered to verify the
information in the registration form maintained by the authority for that
person.  Article 62.101 creates an offense punishable as a felony of the
second degree for a person who fails to comply with any requirement of
Chapter 62 (Sex Offender Registration Program), Code of Criminal Procedure,
after commitment as a sexually violent predator but before the person is
released from all requirements of the civil commitment process. 

In addition, this bill creates a new article in the Code of Criminal
Procedure that applies to a person who is required to register as a sex
offender in another state with which the department has entered into a
reciprocal registration agreement and who is not otherwise required to
register under Chapter 62.  Such a person is required to comply with the
annual verification requirements of Article 62.06 (Law Enforcement
Verification of Registration Information), Code of Criminal Procedure.
Additionally, this bill requires a person to report to the local law
enforcement authority to which the person must register within seven days
of a change in address the person's new address and provide the authority
with proof of identity and residence.  Likewise, a person who is required
to register and who is unsupervised is required to report to the authority
any change in the person's health or job status within seven days of a
change. 
 
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 Article 62.02(a), Code of Criminal Procedure, to include
a person who is required to register as a condition of parole, release to
mandatory supervision, or community supervision, in addition to a person
who has a reportable conviction or adjudication, as persons who are
required to register or verify registration with the local law enforcement
authority (authority) in any municipality where they intend to reside for
more than seven days. 

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 62.021, as follows: 

Art. 62.021.  OUT-OF-STATE REGISTRANTS.  Provides that this article applies
to a person who is required to register as a sex offender in another state
with which the Department of Public Safety (department) has entered into a
reciprocal registration agreement (RRA) and who is not otherwise required
to register under this chapter (Sex Offender Registration Program).
Provides that this type of person is required to comply with the annual
verification requirements of Article 62.06 (Law Enforcement Verification of
Registration Information) as is a person who is required to verify
registration on the basis of a reportable conviction or adjudication.
Establishes the expiration of the duty to register for this type of person
as the date the person's duty to register would expire in the other state
had the person remained in that state.  Authorizes the department to
negotiate and enter into a RRA with any other state. 

SECTION 3.  Amends Article 62.03(e), Code of Criminal Procedure, to include
verification of the age of the person subject to registration, in addition
to verification of the age of the victim and verification of the reason for
registration, as obligations required to be carried out by an authority by
the eighth day after receiving a registration form.  Requires the authority
to provide notice to the superintendent of the public school district and
to the administrator of any primary or secondary school of a person's
intent to reside in the district if the person subject to registration as a
sex offender is 17 years of age or older and a student enrolled in a public
or private secondary school. 

SECTION 4.  Amends Articles 62.04(a) and (f), Code of Criminal Procedure,
as follows: 

(a) Require a person to report to an authority within seven days of a
change in address the person's new address and provide the authority with
proof of identity and residence. 

(f) Makes conforming changes.

SECTION 5.  (a) Amends Chapter 62, Code of Criminal Procedure, as added by
Chapter 668, Acts of the 75th Legislature, Regular Session, 1997, by adding
Article 62.0451, as follows: 

Art. 62.0451.  ADDITIONAL PUBLIC NOTICE FOR INDIVIDUALS SUBJECT TO CIVIL
COMMITMENT.  (a) Requires the department, when it receives notice that a
person subject to registration who is civilly committed as a sexually
violent predator is due to be released from a penal institution or intends
to move to a new residence in this state, to provide written notice, by the
seventh day after the person is released or the 10th day after the person
moves, to at least each residential address within a one-mile radius or a
three-block area, as applicable, of the place where the person intends to
reside.  

(b) Requires the department to include in the notice any public
information, but prohibits the department from including any information
that is not public information. 

(c) Requires the department to establish procedures for a person with
respect to whom notice is provided to pay to the department all costs
incurred by it in providing the  notice.  

(d) Provides that the department's duty to provide notice in regard to a
particular person ends on the date on which a court releases the person
from all requirements of the civil commitment process. 

(b) Amends Chapter 62, Code of Criminal Procedure, as added by Chapter 668,
Acts of the 75th Legislature, Regular Session, 1997, by adding Article
62.061, as follows: 

Art. 62.061.  VERIFICATION OF INDIVIDUALS SUBJECT TO COMMITMENT.  (a)
Requires a person who is subject to registration and is civilly committed
as a sexually violent predator to report to the authority with whom the
person is required to register not less than once in each 30-day period
following the date the person first registered to verify the information in
the registration form maintained by the authority for that person. Provides
that a person complies with the 30-day period if the person registers at
any time on or after the 27th day following that date but before the 33rd
day after that date. 

(b) Provides that, on the date that a court releases this type of person
from all requirements of the civil commitment process, the person's duty to
verify registration as a sex offender is no longer imposed by this article
and the person is required to verify registration as provided by Article
62.06. 

(c) Amends Chapter 62, Code of Criminal Procedure, as added by Chapter 668,
Acts of the 75th Legislature, Regular Session, 1997, by adding Article
62.101, as follows: 

Art. 62.101.  FAILURE TO COMPLY:  INDIVIDUALS SUBJECT TO COMMITMENT.
Creates an offense punishable as a felony of the second degree for a person
who fails to comply with any requirement of this chapter after commitment
as a sexually violent predator but before the person is released from all
requirements of the civil commitment process. 

(d) Provides that Articles 62.0451, 62.061, and 62.101, Code of Criminal
Procedure, take effect on January 1, 2000, but only if an Act of the 76th
Legislature, Regular Session, 1999, establishing a process for the civil
commitment of sex offenders becomes law before that date.  Provides that,
if an Act of the 76th Legislature, Regular Session, 1999, relating to
establishing a process for the civil commitment of sex offenders does not
become law before January 1, 2000, Articles 62.0451, 62.061 and 62.101 have
no effect. 

SECTION 6.  Amends Article 62.05, Code of Criminal Procedure, as follows:

(a) Created from existing text.

(b) Requires a person who is required to register and who is unsupervised
to report to the authority any change in the person's health or job status
within seven days of a change. Sets forth descriptions of changes in health
and job status. 

SECTION 7.  Amends Articles 62.06(a) and (b), Code of Criminal Procedure,
as follows: 

(a) Requires a person subject to registration who is not subject to a
90-day reporting requirement to report to the authority with whom the
person is required to register once each year not earlier than the 30th day
before and not later than the 30th day after the anniversary of the
person's birthday, rather than the anniversary of the date on which the
person first registered.  Provides that a person complies with a
requirement that the person register within a 90-day period following a
date if the person registers at any time on or after the 83rd day following
that date but before the 98th day after that date. 

(b) Authorizes the authority with whom  person is required to register to
direct the person to report to the authority to verify the information in
the registration form once in each 90-day period following the date the
person first registered, if the person is required to report not less  than
once in each 90-day period, rather than if the person has on two or more
occasions been convicted of or received an order of deferred adjudication
for a sexually violent offense, or once in each year not earlier than the
30th day before and not later than the 30th day after the anniversary of
the person's birthday, if the person is required to report once each year,
rather than after the anniversary of the date on which the person first
registered. 

SECTION 8.  Amends Chapter 62, Code of Criminal Procedure, as added by
Chapter 668, Acts of the 75th Legislature, Regular Session, 1997, by adding
Article 62.062, as follows: 

Art. 62.062.  REGISTRATION OF PERSONS REGULARLY VISITING LOCATION.  (a)
Requires a person subject to this chapter, who on at least three occasions
during any month spends more than 48 consecutive hours in a municipality or
county in this state, other than the municipality or county in which the
person is registered under this chapter, before the last day of that month
to report that fact to the authority of the municipality in which the
person is a visitor or, if the person is a visitor in a location that is
not a municipality, the authority of the county in which the person is a
visitor. 

(b) Requires this type of person to provide the authority with all
information the person is required to provide under Article 62.02(b), the
address of any location in the municipality or county, as appropriate, at
which the person was lodged during the month, and a statement as to whether
the person intends to return to the municipality or county during the
succeeding month. 

(c) Provides that this article does not impose on an authority requirements
of public notification or notification to schools relating to a person
about whom the authority is not otherwise required by this chapter to make
notifications. 

SECTION 9.  Amends Articles 62.10(b) and (c), Code of Criminal Procedure,
as follows: 

(b) Expands the type of offenses under this article.  Provides that an
offense is a state jail felony if the actor is a person whose duty to
register expires under Article 62.12(b).  Provides that an offense is a
felony of the third degree if the actor is a person whose duty to register
expires under Article 62.12(a) and who is required to verify registration
once each year under Article 62.06.  Provides that an offense is a felony
of the second degree if the actor is a person whose duty to register
expires under Article 62.12(a) and who is required to verify registration
once each 90-day period under Article 62.06. 

(c) Increases the punishment of an offense for a person previously
convicted of an offense under this article by the next highest degree of
felony, rather than punishment for a felony of the third degree. 

SECTION 10.  Requires the authority with whom a person verifies
registration by reporting within an allotted time frame to inform the
person that on the next occasion and each succeeding occasion on which the
person verifies registration the person must comply with, to accomplish the
change in law made by this Act to Articles 62.06(b) and (c), Code of
Criminal Procedure.  Provides that the change in law to which this section
applies does not affect the validity of any action taken by a person to
verify registration before the person is provided the opportunity to be
informed of the change in law.   

SECTION 11.  Effective date: September 1, 1999.

SECTION 12.  Emergency clause.