Capriglione Bill’s 2,000-Foot Rule Skips Everyone Already On The Registry

The text as introduced · 1,380 words

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.