89R5480 EAS-D     By: Capriglione H.B. No. 2430       A BILL TO BE ENTITLED   AN ACT   relating to prohibiting sex offenders from residing or loitering   within a certain distance of certain locations where children   commonly gather and from participating in certain Halloween   activities; creating a criminal offense.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  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;                      (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;                      (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, except as otherwise provided by that article;   [and]                      (I)  if the person enters the premises of a school   as described by Article 62.065 and is subject to the requirements of   that article, the person must immediately notify the administrative   office of the school of the person's presence and the person's   registration status under this chapter;                      (J)  the person may not reside within 2,000 feet   of or loiter within 500 feet of certain locations as provided by   Article 62.066; and                       (K)  the person may not engage in certain   activities on Halloween as provided by Article 62.067;                 (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 2.  Article 62.058, Code of Criminal Procedure, is   amended by adding Subsection (i) to read as follows:          (i)  A local law enforcement authority that provides to a   person a registration form for verification as required by this   chapter shall include with the form a statement describing the   prohibitions under Articles 62.066 and 62.067.          SECTION 3.  Subchapter B, Chapter 62, Code of Criminal   Procedure, is amended by adding Articles 62.066 and 62.067 to read   as follows:          Art. 62.066.  PROHIBITED LOCATIONS FOR RESIDENCE OR   LOITERING. (a)  This article applies to the following locations   where children commonly gather:                (1)  a school as defined by Section 481.134, Health and   Safety Code;                (2)  a playground as defined by Section 481.134, Health   and Safety Code;                (3)  a youth center as defined by Section 481.134,   Health and Safety Code;                (4)  a public swimming pool or child water play area;                (5)  a video arcade facility as defined by Section   481.134, Health and Safety Code;                (6)  a movie theatre;                (7)  a public or private park;                (8)  a public or private recreational facility;                (9)  a library;                (10)  an athletic field;                (11)  a jogging or hiking trail;                (12)  a bicycle trail; and                (13)  an equestrian trail.          (b)  A person subject to registration under this chapter   based on a reportable conviction or adjudication for an offense   occurring on or after September 1, 2025, may not reside within 2,000   feet of a location to which this article applies.          (c)  A person subject to registration under this chapter may   not knowingly remain in essentially one location for more than 10   minutes for no apparent lawful purpose if that location is within   500 feet of a location to which this article applies.          (d)  A person commits an offense if the person violates this   article.  An offense under this subsection is a Class B misdemeanor,   except that the offense is a Class A misdemeanor if it is shown on   the trial of the offense that the defendant has been previously   convicted of an offense under this article.          Art. 62.067.  LIMITATION ON PARTICIPATION IN CERTAIN   HALLOWEEN ACTIVITIES. (a)  A person subject to registration under   this chapter may not, on the date on which Halloween is observed:                (1)  leave on any exterior lights at the person's   residence during the period beginning at 5 p.m. and ending at 11:59   p.m.; or                (2)  hand out or offer any type of Halloween treat,   candy, or other edible product to children.          (b)  A person commits an offense if the person violates this   article.  An offense under this subsection is a Class B misdemeanor,   except that the offense is a Class A misdemeanor if it is shown on   the trial of the offense that the defendant has been previously   convicted of an offense under this article.          SECTION 4.  (a) Except as provided by Subsection (b) of this   section, the changes in law made by this Act to Chapter 62, Code of   Criminal Procedure, apply to a person who is subject to   registration under Chapter 62, Code of Criminal Procedure, on or   after the effective date of this Act, regardless of whether the   applicable offense or conduct occurs before, on, or after the   effective date of this Act.          (b)  Article 62.066(b), Code of Criminal Procedure, as added   by this Act, applies only to a person subject to registration under   this chapter based on a reportable conviction or adjudication for   an offense committed on or after the effective date of this Act.     For purposes of this subsection, an offense was committed before   the effective date of this Act if any element of the offense   occurred before that date.          SECTION 5.  This Act takes effect September 1, 2025.