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32 Cards in this Set

  • Front
  • Back
Art. 62.0101 Determination Regarding Substantially Similiar Elements of Offense.
1. D.P.S. is responsible for determining if offenses under any other laws contains similiar elements to Texas laws.
2. Appeals of D.P.S.'s determination shall be brought to the district court in Travis County.
Art. 62.0102 Determination Regarding Primary Registration Authority.
1. D.P.S. shall determine where each person shall register.
2. D.P.S. shall notify individual.
Art. 62.0105 Exemption from Registration for Certain Sex Offenders.
1. If eligible, a person may petitition court for exemption at any time after sentencing or probation
2. A person is eligible if;
a. person is required to report as
a result of single reportable
conviction or probation
b. the court has determined the
offense was a result based
solely on the age of victim and
3. If convicted before Sept. 1,2001 and would be eligible currently.
4. Court may issue order if it appears by a prepondorance of evidence that;
a. registeed sex offender
treatment provider states there
is no public safety threat
b. person's conduct did not occur
without consent of victim
5. Exemption does not expire but court shall withdraw it if person gets another conviction.
Art. 62.011 Workers or Students.
1. A person is employed if they work on a full or part time basis for 14 or more consecutive days or 30 days per year total.
2. A person is a student if they enroll on a full or parti time basis at any public or private school.
Art. 62.02 Registration.
1. A person has 7 days to register with agency required where they reside or intend to reside.
2. D.P.S. shall provide all agencies with a form to register offenders. Form will require;
a. name, D.O.B., sex, race, height
weight, eye color, hair color,
SSN #, DL #, shoe size and home
b. recent photo and fingerprints
c. type of offense convicted of,
age of victim, date of
conviction and punishment
d. whether person is discharged,
paroled or released on
e. indication of each license that
is held or sought
f. if person is employed or
student at any school with name
and address of institution
g. any other information required
by D.P.S.
3. No later than the 3rd day after registering, agency shall send a copy to D.P.S. and to schools if resides on campus.
4. Person shall report to agency to verify information on form and sign if correct and make corrections if needed.
5. Person required to report shall insure all personal data on form is correct.
6. If person does not move to intended residence by end of 7th day, they shall;
a. call and report temporary
b. continue to report weekly and
provided temporary address
7. If required to register in another state, person who resides works or attends school in TX, they shall register within 10 days.
Art. 62.021 Out of State Registrants.
1. Applies to person who;
a. is required to register as a
sex offender under;
1. laws of another state
2. federal law or military law
3. laws of foreign country
b. isn't otherwise required to
register because;
1. the persons conviction
doesn't have similiar
2. the persons probation
doesn't have similiar
2. Required to comply with annual verification of information.
3. Duty to register expires on the date they would have been released from out-of-state.
4. State may enter information reciprocal agreements to prevent offenders from moving to avoid registration.
Art. 62.03 Prerelease Notification.
1. Before releas TDJC or TYC will determine the person's level of risk to the community using the sex offender screening tool. Before release the institution shall;
a. inform the person that;
1. within 7 days they must;
a. register with local
agency in which they
reside or
b. if they haven't moved
to their intended
residence, contact
their supervision
2. No later than the 7th day
must report in person
3. If moving to another state,
must report within 10 days
4. Must apply for D.L. or I.D.
within 30 days
5. Must notify of any changes
b. require person to sign
statement that they were
informed of their duties
c. obtain address, photo and
d. compete the registration form
2. On the 7th day before release, TDCJ or TYC shall send the registration form and risk level to D.P.S. and to;
a. local Law Enforcement agency
if residing in state
b. agency that is identified by
out of state agency
3. If recieves probation or fine only, court shall determine risk level and notify agencies.
4. If pardoned or paroled, that division shall notify agencies.
5. Not later than the 8th day after receiving registration form, agency shall verify victims age, why registration is required and risk level. Agency shall immediately publish in English/Spanish in local paper for 2 consecutive weeks. Agency will also notify school superintendant who will notify their staff.
6. Agency shall include in the newspaper the following information only;
a. persons full name, age & gender
b. description of offense
c. address where they intend to
d. recent photo or internet site
that contains photo
e. risk level & guidelines to
determine risk
7. Local agency notifying school shall include all necessary information except;
a. SSN #, DL # or phone # of
b. information that would I.D.
8. Before release from penal institution, the person shall be informed;
a. if person intends to reside in
another state and work/attend
school in this state they must,
within 7 days, register with
local agency
b. If person intends to reside in
this state and work/attend
school in another state they
1. register with designated
department within 10 days
2. register with school within
10 days
c. regardless of state residing,
if person works or is a student
at college, they must;
1. within 7 days register with
a. campus security
b. or local agency if no
security exist
d. within 7 days, notify agencies
if terminating work/enrollment
9. Person shall reimburse agency for newspaper publication.
Art. 62.031 Limitations on Newspaper Publication.
1. Local agency may not publish in newspaper if the basis for registration is;
a. an adjudication of delinquent
b. a conviction or probation for
prohibited sexual contact if
victim was younger than 17
2. Person is assigned a risk value of 1
Art. 62.032 Circumstances Requiring Notice to Superintendent or School Administrator.
1. Agency will only notify superintendent if;
a. the victim was younger than 17
or enrolled as a student
b. the subject required to
register is a student
c. subject was convicted of sexual
performance by a child or
possession/promotion of child
2. May not notify superintendent if conviction if the basis for registration is for harbouring a runaway.
Art. 62.035 Risk Assessment Review Committee; Sex Offender Screening Tool.
1. TDCJ shall establish committee with at least five (5) members to include;
a. member having Law Enforcement
b. member having experience with
juvenile sex offenders
c. member experienced as sex
offender treatment provider
d. member experience with victims
of sex offenders
2. The committee shall;
a. develop sex offender screening
tool to determine level of risk
b. ensure staff is trained on
using the tool
c. monitor the use of the tool
d. analyze other screening tools
as they become available and
revise or replace existing tool
3. Tool must use objective point system which assigns points for various factors using these guidelines;
a. level one (low)-low danger to
community and low rish of
engaging in criminal sexual
b. level two (moderate)-moderate
risk to community and may
continue illegal activities
c. level three (high)-serious
danger to community and will
engage in illegal conduct
4. TDCJ, TYC or court may override risk level only if;
a. believes risk level is not
accurate and
b. documents reasons in case file
5. All records and files, including sealed records, shall be available for determining risk level.
Art. 62.04 Change of Address.
1. Within 7 days the person required to register shall notify current agency of new addres and move date and notify new agency of proof of identity and proof of residence. Both notifications will be made in person.
2. Within 3 days the subjects probation or parole or TDCJ shall notify local agency.
3. If person moves to another state that has registration, they shall register within 10 days.
4. Within 3 days, local agency shall notify D.P.S. of change of address.
5. If after notifying local agency, the person doesn't move they shall;
a. within 7 days provide an
explanation about changes
b. report to the person
supervising them weekly
6. Within 3 days fo person moving, D.P.S. shall notify local agency. Agency will verify within 8 days and place ad in newspaper and notify schools.
7. Notice in paper shall include;
a. name, age and gender of
b. description of offense
c. address where offender is to
d. picture of offender
e. risk level assigned
8. Agency shall notify school district with all pertinent information except;
a. subjects SSN, D.L. # or phone #
b. any information that would I.D.
9. If person moves to another state, the agency receiving information shall;
a. inform the out of state agency
b. send registration form and
prints to F.B.I.
10. If subject is required to register but is not under any kind of supervision, local agency shall collect fees for newspaper publication.
Art. 62.041 Authority of Political Subdivision to Collect Costs of Certain Notice.
1. Political subdivision may bill any unpaid fees on utility bills of subject. Utilities may be suspended until fees paid.
2. Political subdivision shall forward fees to local agency.
Art. 62.045 Additional Public Notice for Certain Offenders.
1. If notice is received on subject with risk lever three, D.P.S. shall provide written notice within 7 days of release or 10 days of moving to residential addresses within a one mile radius of non-subdivided area or 3 block are of subdivision of the place the subject is to reside.
2. Notice will be in English/Spanish and provide any open records information.
3. Subject shall pay cost relating to notice.
4. Local agency receiving notice of subject with risk level 3 may notify residents by neighborhood meetings, posted notices, distributing notices or local website.
5. Property owners/managers/real estate agents have no duty to disclose this information.
Art. 62.0451 Additional Public Notice for Individuals Subject to Civil Committment.
Some duties as prescribed in previous article except obligation expires when subject is released from all requirements of civil committment process.
Art. 62.05 Status Report of Supervising Officer or Local Law Enforcement Agency.
1. If supervising officer receives information to the effect that the persons status has changed in any manner, they shall notify local agency. Charges include;
a. physical health-hospitalized,
b. job/educational status
c. incarceration
d. terms of release
e. enrolls or becomes employed at
f. quits school or employment
g. changes jobs or loses job
h. has a change of address
2. Subject shall notify local agency also.
Art. 62.06 Law Enforcement Verification of Registration Information.
1. A person who has been convicted 2+ times for a sexually violent offense shall report to local agency every 90 days. All other report yearly.
2. Local agency may require persons required to report every 90 days to verify information.
3. Agency shall require proof of identity and residence before giving registration form for verification.
4. Agency may mail form (non forwardable) to subjects last known address. Within 21 days, subject shall;
a. indicate if address is still
b. compete any other information
c. sign the form
d. return form to authority
Art. 62.061 Verification of Individuals Subject to Committment.
1. A person who is civilly committed as a sexually violent predator shall report to local agency every 30 days.
2. On the date persons duty to report expires;
a. persons duty to report is gone
b. the person is required to
verify registration as usual
Art. 62.062 Registration of Persons Regularly Visiting Location.
1. A person who visits 3+ times per month, spends more than 48 consecutive hours in area other than where required to register shall report to;
a. local agency where visiting
2. Person shall provide agency with;
a. all information normally
b. address where they stayed
c. statement of whether they will
return the next month
3. Agency does not have to place public notification or notify schools.
Art. 62.063 Registration of Certain Workers or Students.
1. A person is subject to registration if;
a. has a reportable conviction or
b. resides in another state and;
c. is employed at school or a
student in this state
2. Person is subject to same registration rules except they are based on where they work/attend school instead of residence.
3. Not subject to notifications in paper or schools.
4. Duty to report ends when they leave school or work, notify agency of this and agency verifys.
Art. 62.064 Registration or Workers or Students at Institutions of Higher Education.
1. Within 7 days, anyone required to register that works/attends college shall report to;
a. campus security
b. if not campus security, then
local agency
2. Shall provide all information to security as required.
3. Notify security within 7 days of termination as student/worder
4. Campus security shall forward information to administrative office of school.
5. Doesn't have to register with local agency if they already have.
6. No notice to public or primary/secondary schools is required.
7. Not required to register as a regular visitor and this article.
8. If a student or worker at college on 9-1-03 must report before 10-1-03. This section expires 9-1-04.
Art. 62.065 Requirements Relating to Driver's License or Personal Identification Certificate.
1. Person shall apply for D.L. or I.D. card no later than the 30th day after the date;
a. released from TDCJ or placed on
b. D.P.S. sends notice to apply
for D.L./I.D.
c. Person shall renew annually in
person until their duty to
register expires.
Art. 62.07 Remedies Related to Public Notice.
Person may petition district court for local agency to not make public notice. Person must show by preponderance of evidence that the notice would place their health and well being in immediate danger.
Art. 62.08 Central Database; Public Information.
1. D.P.S. shall maintain database containing only information required.
2. Information is public information except;
a. SSN, DL # or phone #
b. information that was required
by DPS
c. information that would I.D.
3. Shall post DL/ID picture on website and update annually.
4. Local agency shall release public information to anyone who makes a written request.
5. D.P.S. shall provide information to any licensing authority that the person holds or seeks that they are required to register.
6. Upon written request of the licensing authority, D.P.S. shall release all information.
7. Within 5 days after receiving information, D.P.S. shall notify college of person required to register.
8. College can make written request for information.
Art. 62.085 Information Provided to Peace Officer.
D.P.S. shall establish a procedure so that Law Enforcement can determine if D.L. # /I.D. # or license plate returns to person required to register.
Art. 62.09 Immunity for Release of Public Information.
1. D.P.S., TDCJ, local agency or campus security may release only public information.
2. An individual, agency, entity or authority is not liable for damages arising from release of public information.
3. The release of information is a descretionary act.
4. Schools may release public information on person required to register. Not liable for damages.
Art. 62.091 General Immunity.
The following persons are immune from liability for good faith conduct.
a. employee or officer of TDJC,
TYC, Juvenile Probation or DPS
b. Member of probation or parole
c. Judges
Art. 62.10 Failure to Comply with Registration Requirements.
1. Commits offense if required to registered but fails to comply.
2. Offense is;
a. State jail-person required to
register for kidnapping or
aggravated kidnapping with
another reportable offense
b. 3rd degree felony-if required
to register annually
c. 2nd degree felony-if required
to register every 90 days
3. If previous conviction for failure to comply, offense increases one level.
Art. 62.101 Failure to Comply; Individuals Subject to Committment.
1. Person commits an offense if the person, after committment as a sexually violent predator but before the person is released from all requirements of the civil committment process, fails to register as required.
2. 2nd degree felony.
Art. 62.11 Applicability.
1. Only applies to conviction or probation, on or after 9-1-70. Applies to newspaper publication on convictions or probation on or after;
a. 9-1-97 if based on compelling
b. 9-1-95 for any other offense.
2. Duties imposed on person required to register or duties of others relating to the requirement are not affected by;
unless (C) applies
a. appeal of conviction or
b. pardon of conviction or
3. If the conviction/probation is set aside by court or pardoned on the basis of proof of innocence, then all duties are terminated.
Art. 62.12 Expiration of Duty to Register.
1. Duty ends when person dies if a reportable conviction or probation, other than an adjudication of delinquent conduct for;
a. sexually violent offense
b. prohibited sexually conduct,
compelling prostitution or
possession or promotion of
child pornography
c. indecency with a child if
person has another reportable
d. unlawful restraint, kidnapping,
aggravated kidnapping or
attempt, conspiracy or
solicitation of these if;
1. appeal is final or victim
was younger than 17
2. before or after conviction
person receives another
reportable offense
2. Duty for all other offenses ends;
a. 10th anniversary of disposition
or completes terms of
b. if based on deferred
adjudication or conviction on
the 10th anniversary that the
court dismisses the criminal
proceedings, discharges the
person, released from county
jail or released from
community supervision.
Art. 62.13 Hearing to Determine Need for Registration of a Juvenile.
1. A person that would normally be required to register isn't required if juvenile court enters order excusing compliance.
2. Court may conduct hearing to determine if registration is required on a motion of respondent.
3. Hearing is without a jury and burden of proof is on respondent. Court may make decision based on;
a. receipt of exhibits
b. testimony of witnesses
c. representations of counsel
d. contents of social history
4. All written matter will be disclosed to both parties.
5. Court shall enter order excusing compliance if;
a. protection of public wouldn't
increase with registration
b. any increase in protecting the
public is outweighed by
substantial harm to the
respondent and family
6. Prosecuting attorney may waive right to hearing and court will enter order excusing complaince. If waiver is entered under a plea agreement and court determines that it is unacceptable, respondent will be notified and would be allowed to remove their plea.
7. Prosecuting attorney may appeal order excusing compliance.
8. Respondent may appeal order.
9. If court issues order excusing complaince, responded cannot be required to register in this or any other state.
10. After hearing, court may defer decision until respondent completes treatment for offense. Court retains discretion to require or excuse registration. Treatment provider has 10 days to notify court after completion.
11. Court may require person to register but information is not public and restricted to Law Enforcement, criminal justice agencies and schools.
12. Person who has registered may file motion for excusal or that registration become nonpublic.
13. May file motion regardless of age.
14. Only one motion may be filed.
15. Court will gather all registration information and determine and identify all agencies that possess information.
16. Court may;
a. deny the motion
b. grant the motion to excuse all
c. grant the motion to change
registration to nonpublic
17. If court grants motion, clerk shall notify;
a. D.P.S.
b. local agency
c. or any other organization that
has information on registration
d. any organization or agency that
the person designates for $20
e. agencies/organizations that
receive notice shall delete or
change information as
directed by the order
18. Private agency/organization must comply within 30 days or be barred from receiving anymore information.
19. Person required to register in another state may file motion for excusal in juvenile court where they reside.
Art. 62.14 Removing Juvenile Registration Information when Duty to Register Expires.
1. When person is no longer requierd to register, D.P.S. shall remove all information from sex offender registry.
2. Duty to remove arises if;
a. D.P.S. recieves information
from local agency that person
isn't required to register any
b. juvenile court request removal
c. person request removal and duty
to register has expired
3. When person appears to renew, agency will determine whether duty has expired. If so, they will remove information and notify D.P.S.
4. If duty is to expire before next renewal, agency will automatically remove on expiration and notify D.P.S.
5. When D.P.S. has removed information, they shall notify all parties that provided information. Local agencies will then remove information.
6. D.P.S. shall notify all parties that if provided information to that it has removed information. Parties will remove information that is accessible to the public.