Patterson Bill Keeps Child Sex Offenders 1,000 Feet From Victims’ Homes

The text as introduced · 2,133 words

90R3390 JDK-D

By: Patterson
H.B. No. 615

A BILL TO BE ENTITLED

AN ACT

relating to prohibiting a registered sex offender whose victim was

younger than 18 years of age from going within 1,000 feet of the

residence of the victim or the victim's family.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Article 42.015, Code of Criminal Procedure, is

amended by adding Subsection (c) to read as follows:

(c) In the trial of an offense for which the defendant is

required to register as a sex offender under Chapter 62, or an

attempt, conspiracy, or solicitation to commit one of those

offenses, the judge shall make an affirmative finding of fact and

enter the affirmative finding in the judgment in the case if the

judge determines that the victim or intended victim was younger

than 18 years of age at the time of the offense.

SECTION 2. Article 42A.105, Code of Criminal Procedure, is

amended by adding Subsection (g) to read as follows:

(g) If a judge places on deferred adjudication community

supervision a defendant charged with an offense for which

registration as a sex offender under Chapter 62 is required, or an

attempt, conspiracy, or solicitation to commit one of those

offenses, the judge shall make an affirmative finding of fact and

file a statement of that affirmative finding with the papers in the

case if the judge determines that the victim or intended victim was

younger than 18 years of age at the time of the offense.

SECTION 3. Article 62.001(5), Code of Criminal Procedure,

as amended by Chapters 123 (H.B. 2000), 248 (H.B. 1465), 557 (H.B.

1422), and 1145 (S.B. 1610), Acts of the 89th Legislature, Regular

Session, 2025, is reenacted and 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 disabled individual), 21.03

(Continuous sexual abuse), 21.09 (Bestiality), 21.11 (Indecency

with a child), 21.15 (Invasive visual recording), 22.011 (Sexual

assault), 22.021 (Aggravated sexual assault), or 25.02 (Prohibited

sexual conduct), Penal Code;

(B) a violation of Section 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 43.021

(Solicitation of Prostitution), Penal Code, if the offense is

punishable as a felony of the second degree;

(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 (a) or (b) ; 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), (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), (K), (L), or (M), 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;

(K) a violation of Section 20A.02(a)(3), (4),

(7), or (8) (Trafficking of persons), Penal Code;

(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; [ or ]

(M) a violation of Section 15.032 (Child

grooming), Penal Code ; or

(N) [ (M) ] a violation of any law of this state

for which the person has been civilly committed as a sexually

violent predator under Chapter 841, Health and Safety Code.

SECTION 4. 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; and

(J) the person may not go within 1,000 feet of the

residence of:

(i) a victim of any offense for which the

person is subject to registration under this chapter who was

younger than 18 years of age at the time of the commission of the

offense; or

(ii) a family member, as defined by Article

62.066, of the victim;

(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 5. Subchapter B, Chapter 62, Code of Criminal

Procedure, is amended by adding Article 62.066 to read as follows:

Art. 62.066. PROXIMITY TO CERTAIN LOCATIONS. (a) In this

article, "family member" means an individual related to another

individual within the second degree of consanguinity or affinity.

(b) A person subject to registration under this chapter may

not go within 1,000 feet of the residence of:

(1) a victim of any offense for which the person is

subject to registration under this chapter who was younger than 18

years of age at the time of the commission of the offense; or

(2) a family member of the victim.

SECTION 6. 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 (3), 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) 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 (a) or (b) 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;

(6) an offense under Section 43.23, Penal Code, that

is punishable under Subsection (h) of that section; or

(7) an offense for which the person has been civilly

committed as a sexually violent predator under Chapter 841, Health

and Safety Code.

SECTION 7. The change in law made by this Act in amending

Chapter 62, Code of Criminal Procedure, applies to a person who is

required to register under Chapter 62, Code of Criminal Procedure,

on or after the effective date of this Act, regardless of whether

the offense or conduct for which the person is required to register

occurs before, on, or after the effective date of this Act.

SECTION 8. To the extent of any conflict, this Act prevails

over another Act of the 90th Legislature, Regular Session, 2027,

relating to nonsubstantive additions to and corrections in enacted

codes.

SECTION 9. This Act takes effect September 1, 2027.