Bill Text: TX HB4968 | 2023-2024 | 88th Legislature | Introduced
Bill Title: Relating to the establishment of a terrorist offender registry and to the supervision of those terrorist offenders; creating criminal offenses related to terrorism.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2023-03-23 - Referred to Criminal Jurisprudence [HB4968 Detail]
Download: Texas-2023-HB4968-Introduced.html
88R7241 CJD-F | ||
By: Guillen | H.B. No. 4968 |
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relating to the establishment of a terrorist offender registry and | ||
to the supervision of those terrorist offenders; creating criminal | ||
offenses related to terrorism. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Title 1, Code of Criminal Procedure, is amended | ||
by adding Chapter 65 to read as follows: | ||
CHAPTER 65. TERRORIST OFFENDER REGISTRATION PROGRAM | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Art. 65.001. DEFINITIONS. In this chapter: | ||
(1) "Authority for campus security" means the | ||
authority with primary law enforcement jurisdiction over property | ||
under the control of a public or private institution of higher | ||
education. | ||
(2) "Centralized registration authority" means a | ||
mandatory countywide registration location designated under | ||
Article 65.005. | ||
(3) "Department" means the Department of Public | ||
Safety. | ||
(4) "Extrajurisdictional registrant" means a person | ||
who is required to register as a terrorist under the laws of another | ||
state with which the department has entered into a reciprocal | ||
registration agreement. | ||
(5) "Local law enforcement authority" means the office | ||
of the chief of police of a municipality, the office of the sheriff | ||
of a county in this state, or a centralized registration authority. | ||
(6) "Officer" means a juvenile probation officer, | ||
community supervision and corrections department officer, or | ||
parole officer. | ||
(7) "Penal institution" means: | ||
(A) a confinement facility operated by or under | ||
contract with any division of the Texas Department of Criminal | ||
Justice; | ||
(B) a confinement facility operated by or under | ||
contract with the Texas Juvenile Justice Department; | ||
(C) a juvenile secure pre-adjudication or | ||
post-adjudication facility operated by or under a local juvenile | ||
probation department; or | ||
(D) a county jail. | ||
(8) "Released" means discharged, paroled, placed in a | ||
nonsecure community program for juvenile offenders, or placed on | ||
juvenile probation, community supervision, or mandatory | ||
supervision. | ||
(9) "Reportable conviction or adjudication" means a | ||
conviction or adjudication, including an adjudication of | ||
delinquent conduct or deferred adjudication, that, regardless of | ||
the pendency of an appeal, is a conviction for or an adjudication | ||
for committing: | ||
(A) a terroristic threat under Section | ||
22.07(a)(1), (3), (4), or (5), Penal Code; | ||
(B) an offense under Chapter 76, Penal Code; | ||
(C) an offense described by 18 U.S.C. Section | ||
2332b(g)(5); | ||
(D) an offense under 18 U.S.C. Section 2332f, | ||
2332g, 2332h, or 2332i; or | ||
(E) an offense against the Uniform Code of | ||
Military Justice, against a state or territory of the United | ||
States, or against a foreign country, where the offense contains | ||
elements that are substantially similar to the elements of an | ||
offense described by this subdivision. | ||
(10) "Terrorist offender" means a person who has a | ||
reportable conviction or adjudication. | ||
Art. 65.002. APPLICABILITY OF CHAPTER. (a) This chapter | ||
applies only to a reportable conviction or adjudication occurring | ||
on or after January 1, 2024. | ||
(b) Except as provided by Subsection (c), the duties imposed | ||
on a person required to register under this chapter on the basis of | ||
a reportable conviction or adjudication, and the corresponding | ||
duties and powers of other entities in relation to the person | ||
required to register on the basis of that conviction of | ||
adjudication, are not affected by an appeal of the conviction or | ||
adjudication. | ||
(c) If a conviction or adjudication that is the basis of a | ||
duty to register under this chapter is set aside on appeal by a | ||
court or if the person required to register under this chapter | ||
receives a pardon, the duties imposed on the person by this chapter | ||
and the corresponding duties and powers of other entities in | ||
relation to the person are terminated. | ||
Art. 65.003. DETERMINATION REGARDING SUBSTANTIALLY SIMILAR | ||
ELEMENTS OF OFFENSE. (a) For purposes of this chapter, the | ||
department is responsible for determining whether an offense under | ||
the laws of another state or a foreign country, federal law, or the | ||
Uniform Code of Military Justice contains elements that are | ||
substantially similar to the elements of an offense described by | ||
Article 65.001(9)(A), (B), (C), or (D). | ||
(b) The department annually shall provide or make available | ||
to each prosecuting attorney's office in this state: | ||
(1) the criteria used in making a determination under | ||
Subsection (a); and | ||
(2) any existing record or compilation of offenses | ||
under the laws of another state or a foreign country, federal law, | ||
and the Uniform Code of Military Justice that the department has | ||
already determined to contain elements that are substantially | ||
similar to the elements of offenses under the laws of this state. | ||
Art. 65.004. DETERMINATION REGARDING PRIMARY REGISTRATION | ||
AUTHORITY. (a) Except as provided by Subsection (b), for each | ||
person subject to registration under this chapter, the department | ||
shall determine which local law enforcement authority serves as the | ||
person's registration authority based on the municipality or county | ||
in which the person resides. | ||
(b) If a person resides, works, or attends school in a | ||
county with a centralized registration authority, the centralized | ||
registration authority serves as the person's registration | ||
authority, regardless of whether the person resides, works, or | ||
attends school in any municipality located in that county. | ||
(c) The department shall notify each person subject to | ||
registration under this chapter of the person's primary | ||
registration authority in a timely manner. | ||
Art. 65.005. CENTRALIZED REGISTRATION AUTHORITY. (a) The | ||
commissioners court of a county may designate the office of the | ||
sheriff or the office of a chief of police to serve as a centralized | ||
registration authority. | ||
(b) A person subject to this chapter is required to perform | ||
the registration and verification requirements of Articles 65.051 | ||
and 65.056 and the change of address requirements of Article 65.054 | ||
only with respect to the centralized registration authority for the | ||
county, regardless of whether the person resides in any | ||
municipality located in that county. If the person resides in a | ||
municipality, and the local law enforcement authority does not | ||
serve as the person's centralized registration authority, the | ||
centralized registration authority, not later than the third day | ||
after the date the person registers or verifies registration or | ||
changes address with that authority, shall provide to the local law | ||
enforcement authority notice of the person's registration, | ||
verification of registration, or change of address, as applicable, | ||
with the centralized registration authority. | ||
(c) This article does not affect a person's duty to register | ||
with a secondary terrorist offender registry under Article 65.057. | ||
Art. 65.006. CENTRAL DATABASE. (a) The department shall | ||
maintain a computerized central database containing the | ||
information required for registration under this chapter. | ||
(b) Except as provided by Subsections (d), (e), (g), (h), | ||
and (i), the information contained in the database is confidential | ||
and not subject to disclosure under Chapter 552, Government Code. | ||
Information from the database that is received by an entity under | ||
Subsection (d), (e), (g), (h), or (i) is confidential and not | ||
subject to disclosure by the entity. | ||
(c) The department shall maintain in the database any | ||
photograph of the person that is available, including through the | ||
process for obtaining or renewing a personal identification | ||
certificate or driver's license under Section 521.103 or 521.272, | ||
Transportation Code, and shall update the photographs in the | ||
database annually or as photographs otherwise become available. | ||
(d) The department shall provide a licensing authority with | ||
notice of any person required to register under this chapter who | ||
holds or seeks a license that is issued by the authority. | ||
(e) On the written request of a licensing authority that | ||
identifies an individual and states that the individual is an | ||
applicant for or a holder of a license issued by the authority, the | ||
department shall release any information described by Subsection | ||
(a) to the licensing authority. | ||
(f) For the purposes of Subsections (d) and (e): | ||
(1) "License" means a license, certificate, | ||
registration, permit, or other authorization that: | ||
(A) is issued by a licensing authority; and | ||
(B) a person must obtain to practice or engage in | ||
a particular business, occupation, or profession. | ||
(2) "Licensing authority" means a department, | ||
commission, board, office, or other agency of the state or a | ||
political subdivision of the state that issues a license. | ||
(g) Not later than the third day after the date on which the | ||
applicable information becomes available through the person's | ||
registration or verification of registration or under Article | ||
65.056, the department shall send notice of any person required to | ||
register under this chapter who is or will be employed by, carrying | ||
on a vocation at, or a student at an institution of higher education | ||
in this state to: | ||
(1) for an institution in this state: | ||
(A) the authority for campus security; or | ||
(B) if an authority for campus security does not | ||
exist, the local law enforcement authority of: | ||
(i) the municipality in which the | ||
institution is located; or | ||
(ii) the county in which the institution is | ||
located, if the institution is not located in a municipality; or | ||
(2) for an institution in another state, any existing | ||
authority for campus security. | ||
(h) On the written request of an institution of higher | ||
education described by Subsection (g) that identifies an individual | ||
and states that the individual has applied to work or study at the | ||
institution, the department shall release any information | ||
described by Subsection (a) to the institution. | ||
(i) The department, for law enforcement purposes, shall | ||
release all relevant information described by Subsection (a) to a | ||
peace officer, an employee of a local law enforcement authority, or | ||
the attorney general on the request of the applicable person or | ||
entity. | ||
Art. 65.007. INFORMATION PROVIDED TO PEACE OFFICER ON | ||
REQUEST; ALERT. (a) The department shall establish a procedure by | ||
which a peace officer or employee of a law enforcement agency who | ||
provides the department with a driver's license number, personal | ||
identification certificate number, or license plate number is | ||
automatically provided information as to whether the person is | ||
required to register under this chapter or whether the license | ||
plate number is entered in the computerized central database under | ||
Article 65.006. | ||
(b) The department shall establish an alert flag on the | ||
criminal history record information of each person who is required | ||
to register under this chapter that would be visible and accessible | ||
to a peace officer and employee of a law enforcement agency while in | ||
the performance of the officer or employee's official duties. | ||
Art. 65.008. GENERAL IMMUNITY. The following persons are | ||
immune from liability for good faith conduct under this chapter: | ||
(1) an employee or officer of the department, the | ||
Texas Department of Criminal Justice, the Texas Juvenile Justice | ||
Department, the Board of Pardons and Paroles, or a local law | ||
enforcement authority; | ||
(2) an employee or officer of a community supervision | ||
and corrections department or a juvenile probation department; and | ||
(3) a member of the judiciary. | ||
Art. 65.009. RULEMAKING AUTHORITY. The department, the | ||
Texas Department of Criminal Justice, and the Texas Juvenile | ||
Justice Department may adopt any rule necessary to implement this | ||
chapter. | ||
SUBCHAPTER B. REGISTRATION AND VERIFICATION REQUIREMENTS; RELATED | ||
NOTICE | ||
Art. 65.051. REGISTRATION: GENERAL. (a) A person who is | ||
required to register under this chapter as a condition of parole, | ||
release to mandatory supervision, or community supervision shall | ||
register or, if the person is a person for whom registration is | ||
completed under this chapter, verify registration, as provided by | ||
Subsection (f), with the local law enforcement authority in any | ||
municipality 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, the person shall register or verify registration | ||
in any county where the person resides or intends to reside for more | ||
than seven days. The person shall satisfy the requirements of this | ||
subsection not later than: | ||
(1) the seventh day after the person's arrival in the | ||
municipality or county; or | ||
(2) the first date the local law enforcement authority | ||
of the municipality or county by policy allows the person to | ||
register or verify registration, as applicable. | ||
(b) The department shall provide the Texas Department of | ||
Criminal Justice, the Texas Juvenile Justice Department, and each | ||
local law enforcement authority, authority for campus security, | ||
county jail, and court with a form for registering persons required | ||
by this chapter to register. | ||
(c) The registration form shall require: | ||
(1) the person's full name, date of birth, sex, race, | ||
height, weight, eye color, hair color, social security number, and | ||
driver's license number; | ||
(2) the address at which the person resides or intends | ||
to reside or a detailed description of the geographical location at | ||
which the person resides or intends to reside; | ||
(3) each alias used by the person and any home, work, | ||
or cellular telephone number; | ||
(4) a recent color photograph or an electronic digital | ||
image of the person and a complete set of the person's fingerprints; | ||
(5) the type of offense for which the person is | ||
required to register, the date of conviction or adjudication, and | ||
the punishment received; | ||
(6) an indication as to whether the person is | ||
discharged, paroled, or released on juvenile probation, community | ||
supervision, or mandatory supervision; | ||
(7) an indication of each license, as defined by | ||
Article 65.006, that is held or sought by the person; | ||
(8) an indication as to whether the person is or will | ||
be employed by, carrying on a vocation at, or a student at an | ||
institution of higher education, and the name and address of that | ||
institution; | ||
(9) the vehicle registration information of any | ||
vehicle owned by the person, including the make, model, vehicle | ||
identification number, color, and license plate number; and | ||
(10) any other information required by the department. | ||
(d) The registration form must contain a description of any | ||
registration duties the person has under this chapter. | ||
(e) Not later than the third day after a person registers, | ||
the local law enforcement authority 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. | ||
(f) Not later than the seventh day after the date on which | ||
the person is released, a person for whom registration is completed | ||
under this chapter shall report to the applicable local law | ||
enforcement authority to verify the information in the registration | ||
form received by the authority under this chapter. The authority | ||
shall 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. If the information in the registration | ||
form is complete and accurate, the person shall verify registration | ||
by signing the form. If the information is not complete or | ||
accurate, the person shall make any necessary additions or | ||
corrections before signing the form. | ||
(g) A person who is required to register or verify | ||
registration under this chapter shall ensure that the person's | ||
registration form is complete and accurate with respect to each | ||
piece of information required by the form in accordance with | ||
Subsection (c). | ||
(h) If a person subject to registration under this chapter | ||
does not move to an intended residence by the end of the seventh day | ||
after the date on which the person is released or the date on which | ||
the person leaves a previous residence, the person shall: | ||
(1) report to the officer supervising the person by | ||
not later than the seventh day after the date the person is released | ||
or the date on which the person leaves a previous residence, and | ||
provide the officer with the address of the person's temporary | ||
residence; and | ||
(2) continue to report to the officer weekly during | ||
the time in which the person has not moved to an intended residence | ||
and provide the officer with the address of the person's temporary | ||
residence. | ||
(i) If the other state has a registration requirement for a | ||
terrorist offender, a person who has a reportable conviction or | ||
adjudication, who resides in this state, and who is employed by, | ||
carries on a vocation at, or is a student at an institution of | ||
higher education in another state shall, not later than the 10th day | ||
after the date on which the person begins to work or attend school | ||
in the other state, register with the law enforcement authority | ||
that is identified by the department as the authority designated by | ||
that state to receive registration information. If the person is | ||
employed by, carries on a vocation at, or is a student at a public or | ||
private institution of higher education in the other state and if an | ||
authority for campus security exists at the institution, the person | ||
shall also register with that authority not later than the 10th day | ||
after the date on which the person begins to work or attend school. | ||
(j) If a person subject to registration under this chapter | ||
is released from a penal institution without being released to | ||
parole or placed on any other form of supervision, and the person | ||
does not move to the address indicated on the registration form as | ||
the person's intended residence or does not indicate an address on | ||
the registration form, the person shall, not later than the seventh | ||
day after the date on which the person is released: | ||
(1) report in person to the local law enforcement | ||
authority for the municipality or county, as applicable, in which | ||
the person is residing and provide that authority with the address | ||
at which the person is residing or, if the person's residence does | ||
not have a physical address, a detailed description of the | ||
geographical location of the person's residence; and | ||
(2) until the person indicates the person's current | ||
address on the registration form or otherwise complies with the | ||
requirements of Article 65.054, as appropriate, continue to report, | ||
in the manner required by Subdivision (1), to that authority not | ||
less than once in each succeeding 30-day period and provide that | ||
authority with the address at which the person is residing or, if | ||
applicable, a detailed description of the geographical location of | ||
the person's residence. | ||
(k) A person required to register under this chapter may not | ||
refuse or otherwise fail to provide any information required for | ||
the accurate completion of the registration form. | ||
Art. 65.052. REGISTRATION: EXTRAJURISDICTIONAL | ||
REGISTRANTS. (a) An extrajurisdictional registrant is required to | ||
comply with the annual verification requirements of Article 65.056. | ||
(b) The duty to register for an extrajurisdictional | ||
registrant expires on the date the person's duty to register would | ||
expire under the laws of the other state or foreign country had the | ||
person remained in that state or foreign country, under federal | ||
law, or under the Uniform Code of Military Justice, as applicable. | ||
Art. 65.053. PRERELEASE NOTIFICATION. (a) Before a person | ||
who will be subject to registration under this chapter is due to be | ||
released from a penal institution, an official of the penal | ||
institution shall: | ||
(1) inform the person that: | ||
(A) not later than 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 65.051 or 65.054; | ||
(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 registration | ||
authority and to the 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 in that state to receive registration | ||
information, if the other state has a registration requirement; | ||
(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; and | ||
(F) the person must notify appropriate entities | ||
of any change in status as described by Article 65.055; | ||
(2) require the person to sign a written statement | ||
confirming that the person was informed of the person's duties as | ||
described by Subdivision (1) 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 the 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. | ||
(b) On the seventh day before the date on which a person who | ||
will be subject to registration under this chapter is due to be | ||
released from a penal institution, or on receipt of notice by a | ||
penal institution that a person who will be subject to registration | ||
under this chapter is due to be released in less than seven days, an | ||
official of the penal institution shall send the person's completed | ||
registration form to the department and to: | ||
(1) the applicable local law enforcement authority in | ||
the municipality or county in which the person expects to reside in | ||
this state, if the person expects to reside in this state; or | ||
(2) the law enforcement agency that is identified by | ||
the department as the agency designated by another state to receive | ||
registration information, if the person expects to reside in that | ||
other state and that other state has a registration requirement for | ||
terrorist offenders. | ||
(c) If a person who is subject to registration under this | ||
chapter receives an order deferring adjudication, placing the | ||
person on community supervision or juvenile probation, or imposing | ||
only a fine, the court pronouncing the order or sentence shall | ||
ensure that the prerelease notification and registration | ||
requirements are conducted on the day of entering the order or | ||
sentencing. If a community supervision and corrections department | ||
representative is available in court at the time a court pronounces | ||
a sentence of deferred adjudication or community supervision, the | ||
representative shall immediately conduct the prerelease | ||
notification and registration requirements. In any other case in | ||
which the court pronounces a sentence under this subsection, the | ||
court shall designate another appropriate individual to conduct the | ||
prerelease notification and registration requirements. | ||
(d) If a person who will be subject to registration under | ||
this chapter is placed under the supervision of the parole division | ||
of the Texas Department of Criminal Justice or a community | ||
supervision and corrections department under Section 510.017, | ||
Government Code, the division or department, as applicable, shall | ||
conduct the prerelease notification and registration requirements | ||
on the date the person is placed under supervision. | ||
(e) Before a person who will be subject to registration | ||
under this chapter is due to be released from a penal institution in | ||
this state, an official of the penal institution shall inform the | ||
person that: | ||
(1) if the person intends to reside in another state | ||
and to work or attend school in this state, the person must, not | ||
later than the seventh day after the date on which the person begins | ||
to work or attend school or the first date the applicable local law | ||
enforcement authority allows the person to register or verify | ||
registration, register or verify registration with the local law | ||
enforcement authority in the municipality or county in which the | ||
person intends to work or attend school; and | ||
(2) if the person intends to reside in this state and | ||
to work or attend school in another state and if the other state has | ||
a registration requirement for terrorist offenders, the person | ||
must, not later than the 10th day after the date on which the person | ||
begins to work or attend school in the other state, register with | ||
the law enforcement authority that is identified by the department | ||
as the authority designated by that state to receive registration | ||
information. | ||
Art. 65.054. CHANGE OF ADDRESS; LACK OF ADDRESS. (a) If a | ||
person required to register under this chapter intends to change | ||
address, the person shall, not later than the seventh day before the | ||
intended change, report in person to the local law enforcement | ||
authority designated as the person's registration authority and the | ||
officer supervising the person and provide the authority and the | ||
officer with the person's anticipated move date and new address. If | ||
a person required to register under this chapter changes address, | ||
the person shall, not later than the seventh day after changing the | ||
address or the first date the applicable local law enforcement | ||
authority allows the person to report, report in person to the local | ||
law enforcement authority in the municipality or county in which | ||
the person's new residence is located and provide the authority | ||
with proof of identity and proof of residence. | ||
(b) Not later than the third day after receiving a report | ||
under Subsection (a), the officer supervising the person shall | ||
forward the information provided under Subsection (a) to the local | ||
law enforcement authority designated as the person's primary | ||
registration authority by the department and, if the person intends | ||
to move to another municipality or county in this state, to the | ||
applicable local law enforcement authority in that municipality or | ||
county. | ||
(c) If the person moves to another state that has a | ||
registration requirement for terrorist offenders, the person | ||
shall, not later than the 10th day after the date on which the | ||
person arrives in the other state, register with the law | ||
enforcement agency that is identified by the department as the | ||
agency designated by that state to receive registration | ||
information. | ||
(d) Not later than the third day after receipt of | ||
information under Subsection (a) or (b), whichever is earlier, the | ||
local law enforcement authority shall forward the information to | ||
the department and, if the person intends to move to another | ||
municipality or county in this state, to the applicable local law | ||
enforcement authority in that municipality or county. | ||
(e) If a person who reports to a local law enforcement | ||
authority under Subsection (a) does not move on or before the | ||
anticipated move date or does not move to the new address provided | ||
to the authority, the person shall: | ||
(1) not later than the seventh day after the | ||
anticipated move date, and not less than weekly after that seventh | ||
day, report to the local law enforcement authority designated as | ||
the person's primary registration authority by the department and | ||
provide an explanation to the authority regarding any changes in | ||
the anticipated move date and intended residence; and | ||
(2) report to the officer supervising the person not | ||
less than weekly during any period in which the person has not moved | ||
to an intended residence. | ||
(f) If the person moves to another municipality or county in | ||
this state, the department shall inform the applicable local law | ||
enforcement authority in the new area of the person's residence not | ||
later than the third day after the date the person moves. | ||
(g) If the person moves to another state, the department | ||
shall, immediately on receiving information under Subsection (d): | ||
(1) inform the agency that is designated by the other | ||
state to receive registration information, if that state has a | ||
registration requirement for terrorist offenders; and | ||
(2) send to the Federal Bureau of Investigation a copy | ||
of the person's registration form, including the record of | ||
conviction and a complete set of fingerprints. | ||
(h) If a person required to register under this chapter | ||
resides for more than seven days at a location or locations to which | ||
a physical address has not been assigned by a governmental entity, | ||
the person, not less than once in each 30-day period, shall confirm | ||
the person's location or locations by: | ||
(1) reporting to the local law enforcement authority | ||
in the municipality where the person resides or, if the person does | ||
not reside in a municipality, the local law enforcement authority | ||
in the county in which the person resides; and | ||
(2) providing a detailed description of the applicable | ||
location or locations. | ||
Art. 65.055. STATUS REPORT BY SUPERVISING OFFICER OR LOCAL | ||
LAW ENFORCEMENT AUTHORITY. (a) If the officer supervising a person | ||
subject to registration under this chapter receives information to | ||
the effect that the person's status has changed in any manner that | ||
affects proper supervision of the person, including a change in the | ||
person's name, physical health, job or educational status, | ||
including higher educational status, incarceration, or terms of | ||
release, the officer shall promptly notify the appropriate local | ||
law enforcement authority or authorities of that change. If the | ||
person required to register intends to change address, the officer | ||
shall notify the local law enforcement authorities designated by | ||
Article 65.054(b). Not later than the seventh day after the date the | ||
officer receives the relevant information, the officer shall notify | ||
the local law enforcement authority of any change in the person's | ||
job or educational status in which the person: | ||
(1) becomes employed, begins to carry on a vocation, | ||
or becomes a student at a particular institution of higher | ||
education; or | ||
(2) terminates the person's status in that capacity. | ||
(b) Not later than the seventh day after the date of the | ||
change or the first date the applicable authority by policy allows | ||
the person to report, a person subject to registration under this | ||
chapter shall report to the local law enforcement authority | ||
designated as the person's registration authority any change in the | ||
person's name or job or educational status or if the person is | ||
hospitalized for any reason. | ||
Art. 65.056. LAW ENFORCEMENT VERIFICATION OF REGISTRATION | ||
INFORMATION. (a) A person subject to registration under this | ||
chapter who has, with respect to an offense described by Article | ||
65.001(9), been convicted two or more times, received an order of | ||
deferred adjudication two or more times, or been convicted and | ||
received an order of deferred adjudication shall report to the | ||
local law enforcement authority designated as the person's | ||
registration authority not less than once in each 90-day period | ||
following the date the person first registered under this chapter | ||
to verify the information in the registration form maintained by | ||
the authority for that person. A person subject to registration | ||
under this chapter who is not subject to the 90-day reporting | ||
requirement described by this subsection shall report to the local | ||
law enforcement authority designated as the person's registration | ||
authority once each year not earlier than the 30th day before and | ||
not later than the 30th day after the anniversary of the person's | ||
date of birth to verify the information in the registration form | ||
maintained by the authority for that person. | ||
(b) A local law enforcement authority designated as a | ||
person's registration authority by the department may direct the | ||
person to report to the authority to verify the information in the | ||
registration form maintained by the department for that person. | ||
The authority may direct the person to report under this subsection | ||
once in each 90-day period following the date the person first | ||
registered under this chapter, if the person is required to report | ||
not less than once in each 90-day period under Subsection (a), 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 date of | ||
birth, if the person is required to report once each year under | ||
Subsection (a). A local law enforcement authority may not direct a | ||
person to report to the authority under this subsection if the | ||
person is required to report under Subsection (a) and is in | ||
compliance with the reporting requirements of that subsection. | ||
(c) The local law enforcement authority shall 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. If the information in the registration form is | ||
complete and accurate, the person shall verify registration by | ||
signing the form. If the information is not complete or not | ||
accurate, the person shall make any necessary additions or | ||
corrections before signing the form. | ||
(d) A local law enforcement authority designated as a | ||
person's primary registration authority by the department may at | ||
any time mail a nonforwardable verification form to the last | ||
reported address of the person. Not later than the 21st day after | ||
receipt of a verification form under this subsection, the person | ||
shall: | ||
(1) indicate on the form whether the person still | ||
resides at the last reported address or the person's new address; | ||
(2) complete any other information required by the | ||
form; | ||
(3) sign the form; and | ||
(4) return the form to the authority. | ||
(e) For purposes of this article, a person receives multiple | ||
convictions or orders of deferred adjudication regardless of | ||
whether: | ||
(1) the judgments or orders are entered on different | ||
dates; or | ||
(2) the offenses for which the person was convicted or | ||
placed on deferred adjudication arose out of different criminal | ||
transactions. | ||
Art. 65.057. REGISTRATION OF PERSONS REGULARLY VISITING | ||
LOCATION. (a) 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 shall report that fact | ||
to: | ||
(1) the local law enforcement authority of the | ||
municipality in which the person is a visitor; or | ||
(2) if the person is a visitor in a location that is | ||
not a municipality, the local law enforcement authority of the | ||
county in which the person is a visitor. | ||
(b) A person described by Subsection (a) shall provide the | ||
local law enforcement authority with: | ||
(1) all information the person is required to provide | ||
under Article 65.051(c); | ||
(2) the address of any location in the municipality or | ||
county, as appropriate, at which the person was lodged during the | ||
month; and | ||
(3) a statement as to whether the person intends to | ||
return to the municipality or county during the succeeding month. | ||
Art. 65.058. REQUIREMENTS RELATING TO DRIVER'S LICENSE OR | ||
PERSONAL IDENTIFICATION CERTIFICATE. (a) A person subject to | ||
registration under this chapter shall apply to the department in | ||
person for the issuance of an original or renewal driver's license | ||
under Section 521.272, Transportation Code, a personal | ||
identification certificate under Section 521.103, Transportation | ||
Code, or a commercial driver's license or commercial learner's | ||
permit under Section 522.033, Transportation Code, not later than | ||
the 30th day after the date: | ||
(1) the person is released from a penal institution or | ||
by a court; or | ||
(2) the department sends written notice to the person | ||
of the requirements of this article. | ||
(b) The person shall annually renew in person the driver's | ||
license or personal identification certificate until the person's | ||
duty to register under this chapter expires. | ||
Art. 65.059. DNA SPECIMEN. A person required to register | ||
under this chapter shall comply with a request for a DNA specimen | ||
made by a law enforcement agency under Section 411.1473, Government | ||
Code. | ||
Art. 65.060. PROHIBITED LOCATION OF RESIDENCE. A person | ||
subject to registration under this chapter may not reside on the | ||
campus of an institution of higher education unless the institution | ||
approves the person to reside on the institution's campus. | ||
SUBCHAPTER C. EXPIRATION OF DUTY TO REGISTER; OFFENSE | ||
Art. 65.101. EXPIRATION OF DUTY TO REGISTER. The duty to | ||
register for a person ends when the person dies if the person has a | ||
reportable conviction or adjudication. | ||
Art. 65.102. FAILURE TO COMPLY WITH REGISTRATION | ||
REQUIREMENTS. (a) A person commits an offense if the person is | ||
required to register and fails to comply with any requirement of | ||
this chapter. | ||
(b) Except as provided by Subsection (c), an offense under | ||
this article is a felony of the third degree. | ||
(c) An offense is a felony of the second degree if it is | ||
shown at the trial of a person: | ||
(1) for an offense or an attempt to commit an offense | ||
under this article that the person has previously been convicted | ||
under this article; and | ||
(2) for an offense or an attempt to commit an offense | ||
under this article that the person fraudulently used identifying | ||
information in violation of Section 32.51, Penal Code, during the | ||
commission or attempted commission of the offense. | ||
SUBCHAPTER D. REMOVAL OF REGISTRATION INFORMATION | ||
Art. 65.151. REMOVING REGISTRATION INFORMATION WHEN DUTY TO | ||
REGISTER EXPIRES. (a) When a person is no longer required to | ||
register as a terrorist offender under this chapter, the department | ||
shall remove all information about the person from the terrorist | ||
offender registry. | ||
(b) The duty to remove information under Subsection (a) | ||
arises if the department has received notice from a local law | ||
enforcement authority or the person's representative that the | ||
person has died and the department verifies the information. | ||
(c) When the department has removed information under | ||
Subsection (a), the department shall notify all local law | ||
enforcement authorities that have provided registration | ||
information to the department about the person of the removal. A | ||
local law enforcement authority that receives notice from the | ||
department under this subsection shall remove all registration | ||
information about the person from its registry. | ||
SECTION 2. The heading to Section 411.1473, Government | ||
Code, is amended to read as follows: | ||
Sec. 411.1473. DNA RECORDS OF CERTAIN REGISTERED SEX | ||
OFFENDERS AND TERRORIST OFFENDERS. | ||
SECTION 3. Sections 411.1473(a) and (b), Government Code, | ||
are amended to read as follows: | ||
(a) This section applies only to a person who is required to | ||
register under Chapter 62 or 65, Code of Criminal Procedure. | ||
(b) The department by rule shall require a law enforcement | ||
agency serving as a person's primary registration authority under | ||
Chapter 62 or 65, Code of Criminal Procedure, to: | ||
(1) take one or more specimens from a person described | ||
by Subsection (a) for the purpose of creating a DNA record; and | ||
(2) preserve the specimen and maintain a record of the | ||
collection of the specimen. | ||
SECTION 4. Section 15.02(d), Penal Code, is amended to read | ||
as follows: | ||
(d) An offense under this section is one category lower than | ||
the most serious felony that is the object of the conspiracy, and if | ||
the most serious felony that is the object of the conspiracy is a | ||
state jail felony, the offense is a Class A misdemeanor. This | ||
subsection does not apply to an offense under Section 76.02. | ||
SECTION 5. The Penal Code is amended by adding Title 12 to | ||
read as follows: | ||
TITLE 12. TERRORISM | ||
CHAPTER 76. TERRORISTIC OFFENSES | ||
Sec. 76.01. DEFINITIONS. In this chapter: | ||
(1) "Material support or resources" means: | ||
(A) currency or other financial securities; | ||
(B) financial services; | ||
(C) instruments of value; | ||
(D) lodging; | ||
(E) training; | ||
(F) safehouses; | ||
(G) false documentation or identification; | ||
(H) communications equipment; | ||
(I) computer equipment; | ||
(J) software; | ||
(K) facilities; | ||
(L) a deadly weapon; | ||
(M) lethal substances; | ||
(N) an explosive weapon or components of an | ||
explosive weapon, a chemical dispensing device, or a hoax bomb, as | ||
those terms are defined by Section 46.01; | ||
(O) personnel; | ||
(P) transportation; and | ||
(Q) other tangible assets, other than medical | ||
care provided by a licensed health care provider or religious | ||
materials. | ||
(2) "Training" means teaching or demonstrating | ||
directly to another person, either in person or through a writing or | ||
by use of a computer or computer network, the use, application, or | ||
making of: | ||
(A) a weapon prohibited by Section 46.05; | ||
(B) a deadly weapon; | ||
(C) a component of an explosive weapon, as | ||
defined by Section 46.01; or | ||
(D) an incendiary device capable of causing | ||
injury or death to persons. | ||
Sec. 76.02. TERRORISM. (a) A person commits an offense if | ||
the person: | ||
(1) commits or conspires to commit an offense under: | ||
(A) Chapter 19; | ||
(B) Section 20.02; | ||
(C) Section 20.03; | ||
(D) Section 20.05; | ||
(E) Section 20A.02; | ||
(F) Section 22.02; | ||
(G) Section 22.021; | ||
(H) Section 22.05; | ||
(I) Section 22.07; | ||
(J) Section 22.09; | ||
(K) Section 28.02; | ||
(L) Section 28.07; | ||
(M) Section 29.03; | ||
(N) Section 30.05; | ||
(O) Section 31.07; | ||
(P) Section 38.152; | ||
(Q) Section 42.02; | ||
(R) Section 42.06; | ||
(S) Section 42.062; | ||
(T) Section 42.14; or | ||
(U) Section 46.08; and | ||
(2) commits or conspires to commit that offense with | ||
the intent to: | ||
(A) intimidate or coerce the civilian | ||
population; or | ||
(B) influence, by intimidation or coercion, the | ||
policy, conduct, or activities of this state, a political | ||
subdivision of this state, or the United States. | ||
(b) An offense under this section is one category higher | ||
than the most serious offense listed in Subsection (a) that was | ||
committed or conspired to commit, except that: | ||
(1) if the most serious offense is a Class A | ||
misdemeanor, the offense under this section is a Class A | ||
misdemeanor with a minimum term of confinement of 180 days; and | ||
(2) if the most serious offense is a felony of the | ||
first degree, the offense under this section is a felony of the | ||
first degree with a minimum term of confinement of 15 years. | ||
Sec. 76.03. AIDING IN COMMISSION OF TERRORISM. (a) A | ||
person commits an offense if the person intentionally raises, | ||
solicits, collects, or provides material support or resources with | ||
intent or knowledge that the material support or resources will be | ||
used, wholly or partly, to solicit, direct, supervise, plan, | ||
prepare, promote, carry out, assist, or aid in committing an | ||
offense under Section 76.02. | ||
(b) An offense under this section is of the same degree as | ||
the offense under Section 76.02 that the person aided. | ||
Sec. 76.04. HINDERING PROSECUTION OF TERRORISM. (a) A | ||
person commits an offense if, with intent to hinder the arrest, | ||
prosecution, conviction, or punishment of another for an offense | ||
under Section 76.02 or 76.03, the person: | ||
(1) harbors or conceals the other; | ||
(2) provides or aids in providing the other with any | ||
means of avoiding arrest or effecting escape; | ||
(3) warns the other of impending discovery or | ||
apprehension; or | ||
(4) tampers with any physical evidence that might aid | ||
in the discovery or apprehension of the other. | ||
(b) An offense under this section is of the same degree as | ||
the offense under Section 76.02 or 76.03 for which the person | ||
committed the act described by Subsection (a). | ||
Sec. 76.05. ASSISTANCE BY ATTORNEY GENERAL. (a) The | ||
attorney general, if requested to do so by the attorney | ||
representing the state, may assist the attorney representing the | ||
state in the investigation or prosecution of an offense under this | ||
chapter. | ||
(b) The attorney general shall designate one individual in | ||
the division of the attorney general's office that assists in the | ||
prosecution of criminal cases to coordinate responses to requests | ||
to assist in prosecution made under this section. | ||
SECTION 6. This Act takes effect September 1, 2023. |