85R1044 KJE-D     By: Buckingham S.B. No. 1041       A BILL TO BE ENTITLED   AN ACT   relating to prohibiting certain sex offenders from residing on the   campus of a public or private institution of higher education.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Subchapter B, Chapter 62, Code of Criminal   Procedure, is amended by adding Article 62.064 to read as follows:          Art. 62.064.  PROHIBITED LOCATION OF RESIDENCE. A person   subject to registration under this chapter may not reside on the   campus of a public or private institution of higher education.          SECTION 2.  Article 62.051(e), Code of Criminal Procedure,   is amended to read as follows:          (e)  Not later than the third day after a person's   registering, the local law enforcement authority with whom the   person registered shall send a copy of the registration form to the   department [and, if the person resides on the campus of a public or   private institution of higher education, to any authority for   campus security for that institution].          SECTION 3.  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)  certain locations of residence are   prohibited under Article 62.064 for a person with a reportable   conviction or adjudication for an offense occurring on or after   September 1, 2017;                (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 4.  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 5.  (a)  The change in law made by this Act in adding   Article 62.064, Code of Criminal Procedure, applies 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 an offense committed on or after the effective date of this Act.   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.          (b)  A person who is required to register under Chapter 62,   Code of Criminal Procedure, solely on the basis of a conviction or   adjudication that occurs before the effective date of this Act is   governed by the law in effect when the conviction or adjudication   occurred, and the former law is continued in effect for that   purpose.          SECTION 6.  This Act takes effect September 1, 2017.