85R2515 MEW-D     By: Kolkhorst S.B. No. 811       A BILL TO BE ENTITLED   AN ACT   relating to sex offender registration and a prohibition on certain   registered sex offenders from being in a motor vehicle with a minor   who is not a family member.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Article 62.001(5), Code of Criminal Procedure,   is amended to read as follows:                (5)  "Reportable conviction or adjudication" means a   conviction or adjudication, including an adjudication of   delinquent conduct or a deferred adjudication, that, regardless of   the pendency of an appeal, is a conviction for or an adjudication   for or based on:                      (A)  a violation of Section 21.02 (Continuous   sexual abuse of young child or children), 21.11 (Indecency with a   child), 22.011 (Sexual assault), 22.021 (Aggravated sexual   assault), or 25.02 (Prohibited sexual conduct), Penal Code;                      (B)  a violation of Section 43.03 (Promotion of   prostitution), 43.04 (Aggravated promotion of prostitution), 43.05   (Compelling prostitution), 43.25 (Sexual performance by a child),   or 43.26 (Possession or promotion of child pornography), Penal   Code;                      (B-1)  a violation of Section 43.02(b) [43.02]   (Prostitution), Penal Code[, if the offense is punishable under   Subsection (c)(3) of that section];                      (C)  a violation of Section 20.04(a)(4)   (Aggravated kidnapping), Penal Code, if the actor committed the   offense or engaged in the conduct with intent to violate or abuse   the victim sexually;                      (D)  a violation of Section 30.02 (Burglary),   Penal Code, if the offense or conduct is punishable under   Subsection (d) of that section and the actor committed the offense   or engaged in the conduct with intent to commit a felony listed in   Paragraph (A) or (C);                      (E)  a violation of Section 20.02 (Unlawful   restraint), 20.03 (Kidnapping), or 20.04 (Aggravated kidnapping),   Penal Code, if, as applicable:                            (i)  the judgment in the case contains an   affirmative finding under Article 42.015; or                            (ii)  the order in the hearing or the papers   in the case contain an affirmative finding that the victim or   intended victim was younger than 17 years of age;                      (F)  the second violation of Section 21.08   (Indecent exposure), Penal Code, but not if the second violation   results in a deferred adjudication;                      (G)  an attempt, conspiracy, or solicitation, as   defined by Chapter 15, Penal Code, to commit an offense or engage in   conduct listed in Paragraph (A), (B), (C), (D), (E), [or] (K), or   (L);                      (H)  a violation of the laws of another state,   federal law, the laws of a foreign country, or the Uniform Code of   Military Justice for or based on the violation of an offense   containing elements that are substantially similar to the elements   of an offense listed under Paragraph (A), (B), (B-1), (C), (D), (E),   (G), (J), [or] (K), or (L), but not if the violation results in a   deferred adjudication;                      (I)  the second violation of the laws of another   state, federal law, the laws of a foreign country, or the Uniform   Code of Military Justice for or based on the violation of an offense   containing elements that are substantially similar to the elements   of the offense of indecent exposure, but not if the second violation   results in a deferred adjudication;                      (J)  a violation of Section 33.021 (Online   solicitation of a minor), Penal Code; [or]                      (K)  a violation of Section 20A.02(a)(3), (4),   (7), or (8) (Trafficking of persons), Penal Code; or                      (L)  a violation of Section 20A.03 (Continuous   trafficking of persons), Penal Code, if the offense is based partly   or wholly on conduct that constitutes an offense under Section   20A.02(a)(3), (4), (7), or (8) of that code.          SECTION 2.  Article 62.053(a), Code of Criminal Procedure,   is amended to read as follows:          (a)  Before a person who will be subject to registration   under this chapter is due to be released from a penal institution,   the Texas Department of Criminal Justice or the Texas Juvenile   Justice Department shall determine the person's level of risk to   the community using the sex offender screening tool developed or   selected under Article 62.007 and assign to the person a numeric   risk level of one, two, or three. Before releasing the person, an   official of the penal institution shall:                (1)  inform the person that:                      (A)  not later than the later of the seventh day   after the date on which the person is released or after the date on   which the person moves from a previous residence to a new residence   in this state or not later than the first date the applicable local   law enforcement authority by policy allows the person to register   or verify registration, the person must register or verify   registration with the local law enforcement authority in the   municipality or county in which the person intends to reside;                      (B)  not later than the seventh day after the date   on which the person is released or the date on which the person   moves from a previous residence to a new residence in this state,   the person must, if the person has not moved to an intended   residence, report to the applicable entity or entities as required   by Article 62.051(h) or (j) or 62.055(e);                      (C)  not later than the seventh day before the   date on which the person moves to a new residence in this state or   another state, the person must report in person to the local law   enforcement authority designated as the person's primary   registration authority by the department and to the juvenile   probation officer, community supervision and corrections   department officer, or parole officer supervising the person;                      (D)  not later than the 10th day after the date on   which the person arrives in another state in which the person   intends to reside, the person must register with the law   enforcement agency that is identified by the department as the   agency designated by that state to receive registration   information, if the other state has a registration requirement for   sex offenders;                      (E)  not later than the 30th day after the date on   which the person is released, the person must apply to the   department in person for the issuance of an original or renewal   driver's license or personal identification certificate and a   failure to apply to the department as required by this paragraph   results in the automatic revocation of any driver's license or   personal identification certificate issued by the department to the   person;                      (F)  the person must notify appropriate entities   of any change in status as described by Article 62.057; [and]                      (G)  certain types of employment are prohibited   under Article 62.063 for a person with a reportable conviction or   adjudication for a sexually violent offense involving a victim   younger than 14 years of age and occurring on or after September 1,   2013; and                      (H)  for a person with a reportable conviction or   adjudication, other than a reportable conviction or adjudication   described by Article 62.001(5)(F) or (I), that is for or based on an   offense occurring on or after September 1, 2017, the person may not   be in a motor vehicle with a minor who is not a family member, as   provided by Article 62.064;                (2)  require the person to sign a written statement   that the person was informed of the person's duties as described by   Subdivision (1) or Subsection (g) or, if the person refuses to sign   the statement, certify that the person was so informed;                (3)  obtain the address or, if applicable, a detailed   description of each geographical location where the person expects   to reside on the person's release and other registration   information, including a photograph and complete set of   fingerprints; and                (4)  complete the registration form for the person.          SECTION 3.  Article 62.058, Code of Criminal Procedure, is   amended by adding Subsection (g) to read as follows:          (g)  A local law enforcement authority that provides to a   person subject to the prohibition described by Article 62.064 a   registration form for verification as required by this chapter   shall include with the form a statement describing the prohibition.          SECTION 4.  Subchapter B, Chapter 62, Code of Criminal   Procedure, is amended by adding Article 62.064 to read as follows:          Art. 62.064.  CERTAIN MINORS IN MOTOR VEHICLES PROHIBITED.   (a) In this article:                (1)  "Family member" means a person related to another   person within the third degree by consanguinity or affinity, as   described by Subchapter B, Chapter 573, Government Code.                (2)  "Minor" means an individual who is younger than 18   years of age.          (b)  A person subject to registration under this chapter   because of a reportable conviction or adjudication, other than a   reportable conviction or adjudication described by Article   62.001(5)(F) or (I), may not be in a motor vehicle with a minor who   is not a family member.          SECTION 5.  Article 62.101(a), Code of Criminal Procedure,   is amended to read as follows:          (a)  Except as provided by Subsection (b) and Subchapter I,   the duty to register for a person ends when the person dies if the   person has a reportable conviction or adjudication, other than an   adjudication of delinquent conduct, for:                (1)  a sexually violent offense;                (2)  an offense under Section 20A.02(a)(3), (4), (7),   or (8), 25.02, 43.05(a)(2), or 43.26, Penal Code;                (3)  an offense under Section 20A.03, Penal Code, if   based partly or wholly on conduct that constitutes an offense under   Section 20A.02(a)(3), (4), (7), or (8) of that code;                (4)  an offense under Section 21.11(a)(2), Penal Code,   if before or after the person is convicted or adjudicated for the   offense under Section 21.11(a)(2), Penal Code, the person receives   or has received another reportable conviction or adjudication,   other than an adjudication of delinquent conduct, for an offense or   conduct that requires registration under this chapter;                (5) [(4)]  an offense under Section 20.02, 20.03, or   20.04, Penal Code, if:                      (A)  the judgment in the case contains an   affirmative finding under Article 42.015 or, for a deferred   adjudication, the papers in the case contain an affirmative finding   that the victim or intended victim was younger than 17 years of age;   and                      (B)  before or after the person is convicted or   adjudicated for the offense under Section 20.02, 20.03, or 20.04,   Penal Code, the person receives or has received another reportable   conviction or adjudication, other than an adjudication of   delinquent conduct, for an offense or conduct that requires   registration under this chapter; or                (6) [(5)]  an offense under Section 43.23, Penal Code,   that is punishable under Subsection (h) of that section.          SECTION 6.  The changes in law made by this Act in amending   Chapter 62, Code of Criminal Procedure, apply only to a person who   is required to register under Chapter 62, Code of Criminal   Procedure, on the basis of a conviction or adjudication for or based   on an offense committed on or after the effective date of this Act.   A person who is required to register under Chapter 62, Code of   Criminal Procedure, solely on the basis of a conviction or   adjudication for or based on an offense committed before the   effective date of this Act is governed by the law in effect on the   date the offense was committed, and the former law is continued in   effect for that purpose. For purposes of this section, an offense   was committed before the effective date of this Act if any element   of the offense occurred before that date.          SECTION 7.  This Act takes effect September 1, 2017.