Texas Code of Criminal Procedures

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Texas Code of Criminal Procedures

CHAPTER 62. SEX OFFENDER REGISTRATION PROGRAM
(Redesignated from Art. 6252-13c.1, Revised Statutes and chgd. by 
L.1997, chap. 668(1), eff. 9/1/97.)

Art. 62.01. Definitions. 

Art. 62.011. Workers or students. 

Art. 62.02. Registration. 

Art. 62.021. Out-of-state registrants. 

Art. 62.03. Prerelease notification. 

Art. 62.035. Risk assessment review committee; sex offender screening tool. 

Art. 62.04. Change of address. 

Art. 62.045. Additional public notice for certain offenders. 

Art. 62.0451. Additional public notice for individuals subject to civil commitment. 

Art. 62.05. Status report by supervising officer. 

Art. 62.06. Law enforcement verification of registration information. 

Art. 62.061. Verification of individuals subject to commitment. 

Art. 62.061. Registration of certain workers or students. 

Art. 62.062. Registration of persons regularly visiting location. 

Art. 62.065. Requirements relating to driver's license or personal identification certificate. 

Art. 62.07. Remedies related to public notice. 

Art. 62.08. Central database; public information. 

Art. 62.085. Information provided to peace officer. 

Art. 62.09. Immunity for release of public information. 

Art. 62.10. Failure to comply with registration requirements. 

Art. 62.101. Failure to comply: individuals subject to commitment. 

Art. 62.11. Applicability. 

Art. 62.12. Expiration of duty to register. 

CHAPTER 62. SEX OFFENDER REGISTRATION PROGRAM
(Redesignated from Art. 6252-13c.1, Revised Statutes and chgd. by L.1997, chap. 668(1), eff. 9/1/97.)

Art. 62.01. Definitions.

In this chapter:

(1) "Department" means the Department of Public Safety.

(2) "Local law enforcement authority" means the chief of police of a municipality or the sheriff of a county in this state.

(3) "Penal institution" means a confinement facility operated by or under a contract with any division of the Texas Department of Criminal Justice, a confinement facility operated by or under contract with the Texas Youth Commission, or a juvenile secure pre-adjudication or post-adjudication facility operated by or under a local juvenile probation department, or a county jail.

(4) "Released" means discharged, paroled, placed in a nonsecure community program for juvenile offenders, or placed on juvenile probation, community supervision, or mandatory supervision.

(5) "Reportable conviction or adjudication" means a conviction or adjudication, regardless of the pendency of an appeal, that is:

(A) a conviction for a violation of Section 21.11 (Indecency with a child), 22.011 (Sexual assault), 22.021 (Aggravated sexual assault), or 25.02 (Prohibited sexual conduct), Penal Code;

(B) a conviction for a violation of Section 43.05 (Compelling prostitution), 43.25 (Sexual performance by a child), or 43.26 (Possession or promotion of child pornography), Penal Code;

(C) a conviction for a violation of Section 20.04(a)(4) (Aggravated kidnapping), Penal Code, if the defendant committed the offense with intent to violate or abuse the victim sexually;

(D) a conviction for a violation of Section 30.02 (Burglary), Penal Code, if the offense is punishable under Subsection (d) of that section and the defendant committed the offense with intent to commit a felony listed in Paragraph (A) or (C);

(E) a conviction for a violation of Section 20.02 (Unlawful restraint), 20.03 (Kidnapping), or 20.04 (Aggravated kidnapping), Penal Code, if the judgment in the case contains an affirmative finding under Article 42.015;

(F) the second conviction for a violation of Section 21.08 (Indecent exposure), Penal Code;

(G) a conviction for an attempt, conspiracy, or solicitation, as defined by Chapter 15, Penal Code, to commit an offense listed in Paragraph (A), (B), (C), (D), or (E);

(H) an adjudication of delinquent conduct:

(i) based on a violation of one of the offenses listed in Paragraph (A), (B), (C), (D), or (G) or, if the order in the hearing contains an affirmative finding that the victim or intended victim was younger than 17 years of age, one of the offenses listed in Paragraph (E); or

(ii) for which two violations of the offense listed in Paragraph (F) are shown;

(I) a deferred adjudication for an offense listed in:

(i) Paragraph (A), (B), (C), (D), or (G); or

(ii) Paragraph (E) if the papers in the case contain an affirmative finding that the victim or intended victim was younger than 17 years of age;

(J) a conviction under the laws of another state, federal law, or the Uniform Code of Military Justice for an offense containing elements that are substantially similar to the elements of an offense listed under Paragraph (A), (B), (C), (D), (E), or (G);

(K) an adjudication of delinquent conduct under the laws of another state or federal law based on a violation of an offense containing elements that are substantially similar to the elements of an offense listed under Paragraph (A), (B), (C), (D), (E), or (G);

(L) the second conviction under the laws of another state, federal law, or the Uniform Code of Military Justice for an offense containing elements that are substantially similar to the elements of the offense of indecent exposure; or

(M) the second adjudication of delinquent conduct under the laws of another state or federal law based on a violation of an offense containing elements that are substantially similar to the elements of the offense of indecent exposure.

(6) "Sexually violent offense" means any of the following offenses committed by a person 17 years of age or older:

(A) an offense under Section 21.11(a)(1) (Indecency with a child), 22.011 (Sexual assault), or 22.021 (Aggravated sexual assault), Penal Code;

(B) an offense under Section 43.25 (Sexual performance by a child), Penal Code;

(C) an offense under Section 20.04(a)(4) (Aggravated kidnapping), Penal Code, if the defendant committed the offense with intent to violate or abuse the victim sexually;

(D) an offense under Section 30.02 (Burglary), Penal Code, if the offense is punishable under Subsection (d) of that section and the defendant committed the offense with intent to commit a felony listed in Paragraph (A) or (C) of Subdivision (5); or

(E) an offense under the laws of another state, federal law, or the Uniform Code of Military Justice if the offense contains elements that are substantially similar to the elements of an offense listed under Paragraph (A), (B), (C), or (D).

(7) "Residence" includes a residence established in this state by a person described by Article 62.061(e).

(Redesignated from Art. 6252-13c.1, Sec. 1, Revised Statutes, and chgd. by L.1997, chap. 668(1); chgd. by L.1999, chaps. 1193(4), 1415(7), (8), eff. 9/1/99.)

Art. 62.011. Workers or students.

(a) A person is employed or carries on a vocation for purposes of this chapter if the person works on a full-time or part-time basis for a consecutive period exceeding 14 days or for an aggregate period exceeding 30 days in a calendar year, whether the person works for compensation or for governmental or educational benefit.

(b) A person is a student for purposes of this chapter if the person enrolls in any educational facility, including:

(1) a public or private primary or secondary school, including a high school or alternative learning center; or

(2) a public or private institution of higher education, including a college, university, community college, or technical or trade institute.

(Added by L.1999, chaps. 1193(8), 1415(9), eff. 9/1/99.)

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Art. 62.02. Registration.

(a) A person who has a reportable conviction or adjudication or who is required to register 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 (d), 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 the seventh day after the person's arrival in the municipality or county.

(b) The department shall provide the Texas Department of Criminal Justice, the Texas Youth Commission, the Juvenile Probation Commission, and each local law enforcement authority, county jail, and court with a form for registering persons required by this chapter to register. The registration form shall require:

(1) the person's full name, each alias, date of birth, sex, race, height, weight, eye color, hair color, social security number, driver's license number, shoe size, and home address;

(2) a photograph of the person and a complete set of the person's fingerprints;

(3) the type of offense the person was convicted of, the age of the victim, the date of conviction, and the punishment received;

(4) an indication as to whether the person is discharged, paroled, or released on juvenile probation, community supervision, or mandatory supervision; and

(5) any other information required by the department.

(c) 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.

(d) 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 not accurate, the person shall make any necessary additions or corrections before signing the form.

(e) 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 item of information required by the form in accordance with Subsection (b).

(f) 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 juvenile probation officer, community supervision and corrections department officer, or parole officer supervising the person by not later than the seventh day after the date on which the person is released or the date on which the person leaves a previous residence, as applicable, and provide the officer with the address of the person's temporary residence; and

(2) continue to report to the person's supervising officer not less than weekly during any period of 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.

(g) If the other state has a registration requirement for sex offenders, a person who has a reportable conviction or adjudication, who resides in this state, and who is employed, carries on a vocation, or is a student 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.

(Redesignated from Art. 6252-13c.1, Sec. 2, Revised Statutes, and chgd. by L.1997, chap. 668(1); chgd. by L.1999, chaps. 444(1), 1193(5), 1415(10), eff. 9/1/99.)

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Art. 62.021. Out-of-state registrants.

(a) This article applies to a person who is required to register as a sex offender under the laws of another state with which the department has entered into a reciprocal registration agreement and who is not otherwise required to register under this chapter because:

(1) the person does not have a reportable conviction for an offense under the laws of the other state containing elements that are substantially similar to an offense requiring registration under this chapter; or

(2) the person does not have a reportable adjudication of delinquent conduct based on a violation of an offense under the laws of the other state containing elements that are substantially similar to an offense requiring registration under this chapter.

(b) A person described by Subsection (a) is required to comply with the annual verification requirements of Article 62.06 in the same manner as a person who is required to verify registration on the basis of a reportable conviction or adjudication.

(c) The expiration of the duty to register for a person described by Subsection (a) expires on the date the person's duty to register would expire in the other state had the person remained in that state.

(d) The department may negotiate and enter into a reciprocal registration agreement with any other state to prevent residents of this state and residents of the other state from frustrating the public purpose of the registration of sex offenders by moving from one state to the other.

(Added by L.1999, chaps. 444(2), 1415(11), eff. 9/1/99.)

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Art. 62.03. Prerelease notification.

(a) Before a person who will be subject to registration under this chapter is due to be released from a penal institution, the risk assessment review committee established under Article 62.035 shall determine the person's level of risk to the community using the sex offender screening tool developed or selected under that article, assign to the person a numeric risk level to the penal institution from which the person is due to be released. On receiving notice under this subsection, 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 the date on which the person moves from a previous residence to a new residence in this state, the person must:

(i) register or verify registration with the local law enforcement authority in the municipality or county in which the person intends to reside; or

(ii) if the person has not moved to an intended residence, report to the juvenile probation officer, community supervision and corrections department officer, or parole officer supervising the person;

(B) 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 with whom the person last registered and to the juvenile probation officer, community supervision and corrections department officer, or parole officer supervising the person; [and]

(C) 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; and

(D) 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;

(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, if the person refuses to sign the statement, certify that the person was so informed;

(3) obtain the address 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 and numeric risk level to the department and to:

(1) the applicable local law enforcement authority in the municipality or county in which the person expects to reside, 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 sex offenders.

(c) If a person who is subject to registration under this chapter receives an order deferring adjudication, placing the person on juvenile probation or community supervision, or imposing only a fine, the court pronouncing the order or sentence shall make a determination of the person's numeric risk level using the sex offender screening tool developed or selected under Article 62.035, assign to the person a numeric risk level of one or two, and ensure that the prerelease notification and registration requirements specified in this article 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 obtain the person's numeric risk level from the court and conduct the prerelease notification and registration requirements specified in this article. In any other case in which the court pronounces a sentence under this subsection, the court shall designate another appropriate individual to obtain the person's numeric risk level from the court and conduct the prerelease notification and registration requirements specified in this article.

(d) If a person who has a reportable conviction described by Article 62.01(5)(J) or (L) is placed under the supervision of the pardons and paroles division of the Texas Department of Criminal Justice or a community supervision and corrections department under Article 42.11, the division or community supervision and corrections department shall conduct the prerelease notification and registration requirements specified in this article on the date the person is placed under the supervision of the division or community supervision and corrections department. If a person who has a reportable adjudication of delinquent conduct described by Article 62.01(5)(K) or (M) is, as permitted by Section 60.002, Family Code, placed under the supervision of the Texas Youth Commission, a public or private vendor operating under contract with the Texas Youth Commission, a local juvenile probation department, or a juvenile secure pre-adjudication or post-adjudication facility, the commission, vendor, probation department, or facility shall conduct the prerelease notification and registration requirements specified in this article on the date the person is placed under the supervision of the commission, vendor, probation department, or facility.

(e) Not later than the eighth day after receiving a registration form under Subsection (b), (c), or (d), the local law enforcement authority shall verify the age of the victim, the age of the person subject to registration, the basis on which the person is subject to registration under this chapter, and the person's numeric risk level. If the victim is a child younger than 17 years of age and the basis on which the person is subject to registration is not an adjudication of delinquent conduct and is not a conviction or a deferred adjudication for an offense under Section 25.02, Penal Code, the authority shall immediately publish notice in English and Spanish in the newspaper of greatest paid circulation in the county in which the person subject to registration intends to reside or, if there is no newspaper of paid circulation in that county, in the newspaper of greatest general circulation in the county. The authority shall publish a duplicate notice in the newspaper, with any necessary corrections, during the week immediately following the week of initial publication. If the victim is a child younger than 17 years of age or the person subject to registration is 17 years of age or older and a student enrolled in a public or private secondary school, regardless of the basis on which the person is subject to registration, the authority shall immediately provide notice to the superintendent of 
the public school district and to the administrator of any private primary or secondary school located in the public school district in which the person subject to registration intends to reside by mail to the office of the superintendent or administrator, as appropriate. On receipt of a notice under this subsection, the superintendent shall release the information contained in the notice to appropriate school district personnel, including peace officers and security personnel, principals, nurses, and counselors.

(f) The local law enforcement authority shall include in the notice by 
publication in a newspaper the following information only:

(1) the person's full name, age, and gender;

(2) a brief description of the offense for which the person is subject to 
registration;

(3) the municipality, numeric street address or physical address, if a numeric street address is not available, and zip code number where the person intends to reside; and

(4) either a recent photograph of the person or the Internet address of a website on which the person's photograph is accessible free of charge. (Added by L.1999, chap. 1415(12), eff. 9/1/99. See other paragraph (4) below.)

(4) the person's numeric risk level assigned under this chapter and the guidelines used to determine a person's risk level generally. (Added by L.1999, chap. 1557(1), eff. 6/19/99. See other paragraph (4) above.)

(g) The local law enforcement authority shall include in the notice to the superintendent of the public school district and to the administrator of any private primary or secondary school located in the public school district any information the authority determines is necessary to protect the public, except:

(1) the person's social security number, driver's license number, or telephone number; and

(2) any information that would identify the victim of the offense for which the person is subject to registration.

(h) 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, 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 sex 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.

(Redesignated from Art. 6252-13c.1, Sec. 3, Revised Statutes, and chgd. by L.1997, chaps. 667(5), 668(1), 1430(8); chgd. by L.1999, chaps. 444(3), 1193(6), (7), 1401(2), 1415(12), 1557(1), eff. 9/1/99, 9/1/99, 9/1/99, 9/1/2000, 9/1/99, 6/19/99, respectively. Matter in brackets eff. only until 9/1/2000. Matter in italics eff. 9/1/2000.)

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Art. 62.035. Risk assessment review committee; sex offender screening tool.

(a) The Texas Department of Criminal Justice shall establish a risk assessment review committee composed of at least five members, each of whom is a state employee whose service on the review committee is in addition to the employee's regular duties. The review committee, to the extent feasible, should include at least:

(1) one member having experience in law enforcement;

(2) one member having experience working with juvenile sex offenders;

(3) one member having experience as a sex offender treatment provider; and

(4) one member having experience working with victims of sex offenses.

(b) The risk assessment review committee shall develop or select from among existing tools a sex offender screening tool to be used in determining the level of risk of a person subject to registration under this chapter. The sex offender screening tool must use an objective point system under which a person is assigned a designated number of points for each of various factors, such as the nature of the offense for which the person is subject to registration, the age of the victim, and the number of occasions on which the person has been convicted of or adjudicated for an offense for which a person is subject to registration under this chapter. In developing or selecting the sex offender screening tool, the risk assessment review committee shall use or shall select a screening tool that may be adapted to use the following general guidelines:

(1) level one:

(A) a designated number of points or higher on the sex offender screening tool; and

(B) a basis for concern that the person poses a serious danger to the community or will continue to engage in criminal sexual conduct;

(2) level two, either, but not both, of the following:

(A) a designated number of points or higher on the sex offender screening tool; or

(B) a basis for concern that the person poses a serious danger to the community or will continue to engage in criminal sexual conduct; and

(3) level three: no basis for concern that the person poses a serious danger to the community or will continue to engage in criminal sexual conduct.

(c) The risk assessment review committee may assign to a person a numeric risk level of three only on receipt of notice under Article 62.04 that the person intends to move to a new residence in this state and only if:

(1) the person was originally assigned a numeric risk level of two under Article 62.03;

(2) the committee considers any information available to the committee that was used by the committee or by the court at the time of assigning to the person a numeric risk level of two; and

(3) the basis on which the person is subject to registration is a conviction of or a grant of deferred adjudication for an offense under Section 21.11 or Section 22.011(a)(2), Penal Code, or an adjudication of delinquent conduct based on a violation of one of those offenses, committed against a victim who is of the opposite sex of the person 
and is not more than five years younger than the person.

(Added by L.1999, chap. 1557(2), eff. 6/19/99.)

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Art. 62.04. Change of address.

(a) If a person required to register intends to change address, regardless of whether the person intends to move to another state, the person shall, not later than the seventh day before the intended change, report in person to the local law enforcement authority with whom the person last registered and to the juvenile probation officer, community supervision and corrections department officer, or parole 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 changes address, the person shall, not later than the seventh day after changing the address, 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 receipt of notice under Subsection (a), the person's juvenile probation officer, community supervision and corrections department officer, or parole officer shall forward the information provided under Subsection (a) to the local law enforcement authority with whom the person last registered 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 sex 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 this 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 and, if the person meets the criteria described by Article 62.035(c)(3) to be reassigned a numeric risk level of three, to the risk assessment review committee established under that article. On receipt of information under this subsection, the risk assessment review committee shall determine whether the person meets the criteria to be reassigned a numeric risk level of three, assign to the person a numeric risk level of three, if the person meets that criteria, and immediately send a written notice of the person's risk level to the department and to the local law enforcement authority in the municipality or county where the person intends to reside.

(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) report to the local law enforcement authority with whom the person last registered not later than the seventh day after the anticipated move date and provide an explanation to the authority regarding any changes in the anticipated move date and intended residence; and

(2) report to the juvenile probation officer, community supervision and corrections department officer, or parole 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 on which the department receives information under Subsection (a). Not later than the eighth day after the date on which the local law enforcement authority is informed under Subsection (a) or under this subsection, the authority shall verify the age of the victim, the age of the person subject to registration, the basis on which the person is subject to registration under this chapter, and the person's numeric risk level. If the victim is a child younger than 17 years of age, the basis on which the person is subject to registration is not an adjudication of delinquent conduct and is not a conviction or a deferred adjudication for an offense under Section 25.02, Penal Code, and the person is not assigned a numeric risk level three, the authority shall immediately publish notice in English and Spanish in the newspaper of greatest paid circulation in the county in which the person subject to registration intends to reside or, if there is no newspaper of paid circulation in that county, in the newspaper of greatest general circulation in the county. The local law enforcement authority shall publish a duplicate notice in the newspaper, with any necessary corrections, during the week immediately following the week of initial publication. If the victim is a child younger than 17 years of age or the person subject to registration is 17 years of age or older and a student enrolled in a public or private secondary school, regardless of the basis on which the person is subject to registration or the person's numeric risk level, the authority shall immediately provide notice to the superintendent of the public school district and to the administrator of any private primary or secondary school located in the public school district in which the person subject to registration intends to reside by mail to the office of the superintendent or administrator, as appropriate. On receipt of a notice under this subsection, the superintendent shall release the information contained in the notice to appropriate school district personnel, including peace officers and security personnel, principals, nurses, and counselors.

(g) The local law enforcement authority shall include in the notice by 
publication in a newspaper the following information only:

(1) the person's full name, age, and gender;

(2) a brief description of the offense for which the person is subject to 
registration;

(3) the municipality, numeric street address or physical address, if a numeric street address is not available, and zip code number where the person intends to reside; and

(4) either a recent photograph of the person or the Internet address of a website on which the person's photograph is accessible free of charge. (Added by L.1999, chap. 1415(13), eff. 9/1/99. See other paragraph (4) below.)

(4) the person's numeric risk level assigned under this chapter and the guidelines used to determine a person's risk level generally. (Added by L.1999, chap. 1557(1), eff. 6/19/99. See other paragraph (4) above.)

(h) The local law enforcement authority shall include in the notice to the superintendent of the public school district and the administrator of any private primary or secondary school located in the public school district any information the authority determines is necessary to protect the public, except:

(1) the person's social security number, driver's license number, or telephone number; and

(2) any information that would identify the victim of the offense for which the person is subject to registration.

(i) If the person moves to another state, the department shall, immediately on receiving information under Subsection (d):

(1) inform the law enforcement agency that is designated by the other state to receive registration information, if that state has a registration requirement for sex 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.

(Redesignated from Art. 6252-13c.1, Sec. 4, Revised Statutes, and chgd. by L.1997, chap. 667(6), 668(1), 1430(9); chgd. by L.1999, chaps. 444(4), 1415(13), 1557(3), eff. 9/1/99, 9/1/99. 6/19/99, respectively.)

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Art. 62.045. Additional public notice for certain offenders.

(a) On receipt of notice under this chapter that a person subject to registration is due to be released from a penal institution, has been placed on community supervision or juvenile probation, or intends to move to a new residence in this state, the department shall verify the person's numeric risk level assigned under this chapter. If the person is assigned a numeric risk level one, the department shall, not later than the seventh day after the date on which the person is released or the 10th day after the date on which the person moves, provide written notice mailed or delivered to at least each residential address within a one-mile radius, in an area that has not been subdivided, or a three-block area, in an area that has been subdivided, of the place where the person intends to reside. In providing written notice under this subsection, the department shall use employees of the department whose duties in providing the notice are in addition to the employees' regular duties.

(b) The department shall include in the notice any information that is public information under this chapter. The department may not include any information that is not public information under this chapter.

(c) The department shall establish procedures for a person with respect to whom notice is provided under Subsection (a), other than a person subject to registration on the basis of an adjudication of delinquent conduct, to pay to the department all costs incurred by the department in providing the notice. The person shall pay those costs in accordance with the procedures established under this subsection.

(d) On receipt of notice under this chapter that a person subject to registration under this chapter is required to register or verify registration with a local law enforcement authority and has been assigned a numeric risk level of one, the local law enforcement authority may provide notice to the public in any manner determined appropriate by the local law enforcement authority, including holding a neighborhood meeting, posting notices in the area where the person intends to reside, distributing printed notices to area residents, or establishing a specialized local website. The local law enforcement 
authority may include in the notice any information that is public information under this chapter.

(e) An owner of a single-family residential property or the owner's agent has no duty to make a disclosure to a prospective buyer or tenant about registrants under this chapter.

(Added by L.1999, chap. 1557(4), eff. 6/19/99.)

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Art. 62.0451. Additional public notice for individuals subject to civil commitment.

(a) On receipt of notice under this chapter that a person subject to registration who is civilly committed as a sexually violent predator is due to be released from a penal institution or intends to move to a new residence in this state, the department shall, not later than the seventh day after the date on which the person is released or the 10th day after the date on which the person moves, provide written notice mailed or delivered to at least each residential address within a one-mile radius, in an area that has not been subdivided, or a three-block area, in an area that has been subdivided, of the place where the person intends to reside.

(b) The department shall include in the notice any information that is public information under this chapter. The department may not include any information that is not public information under this chapter.

(c) The department shall establish procedures for a person with respect to whom notice is provided under this article to pay to the department all costs incurred by the department in providing the notice. The person shall pay those costs in accordance with the procedures established under this subsection.

(d) The department's duty to provide notice under this article in regard to a particular person ends on the date on which a court releases the person from all requirements of the civil commitment process.

(Added by L.1999, chap. 444(5(a)), eff. 1/1/2000.)

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Art. 62.05. Status report by supervising officer.

(a) If the juvenile probation officer, community supervision and corrections department officer, or parole 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 physical health, job status, incarceration, or terms of release, the supervising 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 person's supervising officer shall notify the local law enforcement authorities designated by Article 62.04(b).

(b) If a person required to register is not supervised by an officer listed in Subsection (a), the person shall report to the local law enforcement authority any change in the person's physical health or job status not later than the seventh day after the date of the change. For purposes of this subsection, a person's job status changes if the person leaves employment for any reason, remains employed by an employer but changes the location at which the person works, or begins employment with a new employer. For purposes of this subsection, a person's health status changes if the person is hospitalized as a result of an illness.

(Added by L.1997, chap. 668(1); chgd. by L.1999, chaps. 444(6), 1415(14), eff. 9/1/99.)

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Art. 62.06. Law enforcement verification of registration information.

(a) A person subject to registration under this chapter who has for a sexually violent offense 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 with whom the person is required to register 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 with whom the person is required to register 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. For purposes of this subsection, a person complies with a requirement that the person register within a 90-day period following a date if the person registers at any time on or after the 83rd day following that date but before the 98th day after that date.

(b) A local law enforcement authority with whom a person is required to register under this chapter may direct the person to report to the authority to verify the information in the registration form maintained by the authority 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) A local law enforcement authority with whom a person reports under this article 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 with whom a person is required to register under this chapter 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 and, if not, provide on the form 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.

(Added by L.1997, chap. 668(1); chgd. by L.1999, chaps. 444(7), 1415(15), eff. 9/1/99.)

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Art. 62.061. Verification of individuals subject to commitment.

(a) Notwithstanding Article 62.06, if an individual subject to registration under this chapter is civilly committed as a sexually violent predator, the person shall report to the local law enforcement authority with whom the person is required to register not less than once in each 30-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. For purposes of this subsection, a person complies with a requirement that the person register within a 30-day period following a date if the person registers at any time on or after the 27th day following that date but before the 33rd day after that date.

(b) On the date that a court releases a person described by Subsection (a) from all requirements of the civil commitment process:

(1) the person's duty to verify registration as a sex offender is no longer imposed by this article; and

(2) the person is required to verify registration as provided by Article 62.06.

(Added by L.1999, chap. 445(5(b)), eff. 1/1/2000. See other Art. 62.061 below.)

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Art. 62.061. Registration of certain workers or students.

(a) A person is subject to this article and, except as otherwise provided by this article, to the other articles of this chapter if the person:

(1) has a reportable conviction or adjudication;

(2) resides in another state; and

(3) is employed, carries on a vocation, or is a student in this state.

(b) A person described by Subsection (a) is subject to the registration and verification requirements of Articles 62.02 and 62.06 and to the change of address requirements of Article 62.04, except that the registration and verification and the reporting of a change of address are based on the municipality or county in which the person works or attends school. The person is subject to the school notification requirements of Articles 62.03 and 62.04, except that notice provided to the superintendent and any administrator is based on the public school district in which the person works or attends school.

(c) A person described by Subsection (a) is not subject to Article 62.12 and the newspaper publication requirements of Articles 62.03 and 62.04.

(d) The duty to register for a person described by Subsection (a) ends when the person no longer works or studies in this state, provides notice of that fact to the local law enforcement authority in the municipality or county in which the person works or attends school, and receives notice of verification of that fact from the authority. The authority must verify that the person no longer works or studies in this state and must provide to the person notice of that verification within a reasonable time.

(e) Notwithstanding Subsection (a), this article does not apply to a person who has a reportable conviction or adjudication, who resides in another state, and who is employed, carries on a vocation, or is a student in this state if the person establishes another residence in this state to work or attend school in this state. However, that person remains subject to the other articles of this chapter based on that person's residence in this state.

(Added by L.1999, chaps. 1193(8), 1415(16), eff. 9/1/99. See other Art. 62.061 above.)

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Art. 62.062. 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 62.02(b);

(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.

(c) This article does not impose on a local law enforcement authority requirements of public notification or notification to schools relating to a person about whom the authority is not otherwise required by this chapter to make notifications.

(Added by L.1999, chaps. 444(8), 1415(16), eff. 9/1/99.)

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Art. 62.065. 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, or for a personal identification certificate under Section 521.103, Transportation Code, not later than the 30th day after the date:

(1) the person is released from a penal institution or is released by a court on juvenile probation or community supervision; or

(2) the department sends written notice to the person of the requirements of this article.

(b) The person shall annually renew in person each driver's license or personal identification certificate issued by the department to the person, including each renewal, duplicate, or corrected license or certificate, until the person's duty to register under this chapter expires.

(c) The department shall determine from its records which persons required to register under this chapter are under the supervision and control of a juvenile probation office or an agency or entity operating under contract with a juvenile probation office, a community supervision and corrections department, or the pardons and paroles division of the Texas Department of Criminal Justice and shall provide written notice of the requirements of this article to each of those persons by not later than October 30, 2000. This subsection expires January 1, 2001. (Subsection (c) expires 1/1/2001.)

(Added by L.1999, chap. 1401(3), eff. 9/1/2000.)

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Art. 62.07. Remedies related to public notice.

A person subject to registration under this chapter may petition the district court for injunctive relief to restrain a local law enforcement authority from publishing notice in a newspaper as required by Article 62.03 or 62.04. The court may issue a temporary restraining order under this article before notice is served and a hearing is held on the matter. After a hearing on the matter, the court may grant any injunctive relief warranted by the facts, including a restraining order or a temporary or permanent injunction, if the person subject to registration under this chapter proves by a preponderance of the evidence specific facts indicating that newspaper publication under Article 62.03 or 62.04 would place the person's health and well-being in immediate danger. (Redesignated from Art. 6252-13c.1, Sec. 4A, Revised Statutes, and chgd. by L.1997, chap. 668(1), eff. 9/1/97.)

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Art. 62.08. Central database; public information.

(a) The department shall maintain a computerized central database containing only the information required for registration under this chapter.

(b) The information contained in the database is public information, with the exception of any information:

(1) regarding the person's social security number, driver's license number, or telephone number;

(2) that is required by the department under Article 62.02(b)(5); or

(3) that would identify the victim of the offense for which the person is subject to registration.

(c) A local law enforcement authority shall release public information described under Subsection (b) to any person who submits to the authority a written request for the information. The authority may charge the person a fee not to exceed the amount reasonably 
necessary to cover the administrative costs associated with the authority's release of information to the person under this subsection.

(d) 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.

(e) For the purposes of Subsection (d):

(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.

(Redesignated from Art. 6252-13c.1, Sec. 5, Revised Statutes, and chgd. by L.1997, chap. 668(1); chgd. by L.1999, chap. 1415(17), eff. 9/1/99.)

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Art. 62.085. Information provided to peace officer.

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, personal identification certificate, or license plate number is automatically provided information as to whether the person to whom the driver's license or personal identification certificate is issued is required to register under this chapter or whether the license plate number is entered in the computerized central database under Article 62.08 as assigned to a vehicle owned or driven by a person required to register under this chapter. (Added by L.1999, chap. 1401(3), eff. 9/1/2000.)

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Art. 62.09. Immunity for release of public information.

(a) The department, a penal institution, or a local law enforcement authority may release to the public information regarding a person required to register if the information is public information under this chapter.

(b) An individual, agency, entity, or authority is not liable under Chapter 101, Civil Practice and Remedies Code, or any other law for damages arising from conduct authorized by Subsection (a).

(c) For purposes of determining liability, the release or withholding of information by an appointed or elected officer of an agency, entity, or authority is a discretionary act.

(d) A private primary or secondary school or administrator of a private primary or secondary school may release to the public information regarding a person required to register if the information is public information under this chapter and is released to the administrator under Article 62.03 or 62.04. A private primary or secondary school or administrator of a private primary or secondary school is not liable under any law for damages arising from conduct authorized by this subsection.

(Redesignated from Art. 6252-13c.1, Sec. 5A, Revised Statutes, and chgd. by L.1997, chap. 668(1), eff. 9/1/97.)

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Art. 62.10. 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) An offense under this article is:

(1) a state jail felony if the actor is a person whose duty to register expires under Article 62.12(b);

(2) a felony of the third degree if the actor is a person whose duty to register expires under Article 62.12(a) and who is required to verify registration once each year under Article 62.06; and

(3) a felony of the second degree if the actor is a person whose duty to register expires under Article 62.12(a) and who is required to verify registration once each 90-day period under Article 62.06.

(c) If it is shown at the trial of a person for an offense under this article that the person has previously been convicted of an offense under this article, the punishment for the offense is increased to the punishment for the next highest degree of felony.

(Redesignated from Art. 6252-13c.1, Sec. 7, Revised Statutes, and chgd. by L.1997, chap. 668(1); chgd. by L.1999, chaps. 444(9), 1415(18), eff. 9/1/99.)

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Art. 62.101. Failure to comply: individuals subject to commitment.

(a) A person commits an offense if the person, after commitment as a sexually violent predator but before the person is released from all requirements of the civil commitment process, fails to comply with any requirement of this chapter.

(b) An offense under this section is a felony of the second degree.

(Added by L.1999, chap. 444(5(c)), eff. 1/1/2000.)

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Art. 62.11. Applicability.

This chapter applies only to a reportable conviction or adjudication occurring on or after September 1, 1970, except that the provisions of Articles 62.03 and 62.04 of this chapter relating to the requirement of newspaper publication apply only to a reportable conviction or adjudication occurring on or after:

(1) September 1, 1997, if the conviction or adjudication relates to an offense under Section 43.05, Penal Code; or

(2) September 1, 1995, if the conviction or adjudication relates to any other offense listed in Article 62.01(5).

(Redesignated from Art. 6252-13c.1, Sec. 8, Revised Statutes, and chgd. by L.1997, chap. 668(1), eff. 9/1/97.)

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Art. 62.12. Expiration of duty to register.

(a) The duty to register for a person with a reportable conviction or 
adjudication for a sexually violent offense or for an offense under Section 25.02, 43.05(a)(2), or 43.26, Penal Code, ends when the person dies.

(b) The duty to register for a person with a reportable conviction or adjudication for an offense other than an offense described by Subsection (a) ends:

(1) if the person's duty to register is based on an adjudication of delinquent conduct, on the 10th anniversary of the date on which the disposition is made or the person completes the terms of the disposition, whichever date is later; or

(2) if the person's duty to register is based on a conviction or on an order of deferred adjudication, on the 10th anniversary of the date on which the court dismisses the criminal proceedings against the person and discharges the person, the person is released from county jail, or the person discharges community supervision, whichever date is later.

(c) (Repealed.)

(Redesignated from Art. 6252-13c.1, Sec. 9, Revised Statutes, and chgd. by L.1997, chap. 668(1); chgd. by L.1999, chap. 1415(25), eff. 9/1/99.)

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Sexual Offender Registration Program website created under authority of Chapter 62, Texas Code of Criminal Procedures. Contact the Sex Offender Registrar for public information not contained in this website. Wise County Sheriff's Department cannot guarantee the records you obtain through this site relate to the person about whom you are seeking information. Searches based on names, dates of birth and other alphanumeric identifiers are not always accurate. The only way to positively link someone to a criminal record is through fingerprint verification. The information that is provided through this Web site is open record. It may be used by anyone for any purpose. However, it is your responsibility to make sure the records you access through this site pertain to the person about whom you are seeking information. Extreme care should be exercised in using any information obtained from this Web site. Neither the Wise County Sheriff's Department nor the State of Texas shall be responsible for any errors or omissions produced by secondary dissemination of this data.  Every effort has been made to assure accuracy, but the Wise County Sheriff's Department assumes no liability for the information contained herein that is lawfully released under Chapter 62, Texas Code of Criminal Procedure. See also 62.09 (Immunity for Release of Public Information)

Crime Does Not Have To Be A Fact Of Life
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No part of this web site may be reproduced without permission.
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