Law Office of David A. Breston
Texas Sex Crime Defense Lawyer
Below are the requirements a person must meet if required to register as a “sex offender” in Texas. These are taken from chapter 62 of the Texas Code of Criminal Procedure.
Sex Offender Registration Program
Chapter 62
Code of Criminal Procedure
Under this chapter, a “reportable conviction or adjudication” means a conviction or adjudication that is any of the following:/p>
1. Conviction for §21.11 (Indecency with a Child), §22.011 (Sexual Assault), §22.021 (Aggravated Sexual Assault), or §25.02 (Prohibited Sexual Conduct)
2. Conviction for §43.05 (Compelling Prostitution), §43.25 (Sexual Performance by Child), or §43.26 (Possession or promotion of child pornography)
3. Conviction of §20.04(a)(4) (Aggravated kidnapping) if the defendant committed the offense with intent to abuse sexually
4. Conviction for §20.02 (Unlawful Restraint), §20.03 (Kidnapping), or §20.04 (Aggravated Kidnapping) if judgment contains affirmative finding that victim was under 17 years of age.
5. Conviction for §30.02 (Burglary) if defendant committed offense with intent to commit a felony listed in 1 or 3.
6. Second conviction for §21.08 (Indecent Exposure)
7. Conviction for attempt or solicitation to any crimes listed in 1-6
8. Adjudication of delinquent conduct
9. Deferred adjudication for any crimes listed 1-6
10. Conviction under the laws of any other state or nation that are substantially similar to the elements of the offenses in 1-5 and 7, or a second conviction under laws of any other state or nation substantially similar to elements of Indecent Exposure.
A “sexually violent offense” is any of the following committed by a person 17 or older:
1. §21.11(a)(1) (Indecency with a Child)
2. §22.011 (Sexual Assault)
3. §22.021 (Aggravated Sexual Assault)
4. §43.25 (Sexual Performance by a child)
5. §20.04(a)(4) (Aggravated kidnapping) if the defendant committed the offense with intent to abuse sexually
6. §30.03 (Burglary) if defendant committed offense with intent to commit felony listed in 1 or from previous subsection.
7. Offense of laws of any other state or nation substantially similar to elements of offense listed in 1-4
Sex Offender Registration Program
Art. 62.0102 – Determination Regarding Primary Registration Authority
Art. 62.0105 – Exemption From Registration for Certain Sex Offenders
Art. 62.011 – Workers or Students
Art. 62.02 – Registration
Art. 62.021 – Out-of-state Registrants
Art. 62.03 – Prerelease Notification
Art. 62.031 – Limitations on Newspaper Publication
Art. 62.032 – Circumstances for Notice to Superintendent or School Administrator
Art. 62.035 – Risk Assessment Review Committee and Screening Tool
Art. 62.04 – Change of Address
Art. 62.041 – Authority of Political Subdivision to Collect Costs of Certain Notice
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 or Local Law Enforcement
Art. 62.06 – Law Enforcement Verification of Registration Information
Art. 62.061 – Verification of Individuals Subject to Commitment
Art. 62.062 – Registration of Persons Regularly Visiting Location
Art. 62.063 – Registration of Certain Workers or Students
Art. 62.064 – Registration of Workers or Students at Institutions of Higher Education
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. 62.091 – General Immunity
Art. 62.10 – Failure to Comply
Art. 62.101 – Failure to Comply: Individuals Subject to Commitment
Art. 62.11 – Applicability
Art. 62.12 – Expiration of Duty to Register
Art. 62.13 – Hearing to Determine Need for Registration of a Juvenile
Art. 62.14 – Removing Juvenile Registration Information When Duty to Register Expires
Art. 62.0102 – Determination Regarding Primary Registration Authority
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Art. 62.0105 – Exemption From Registration for Certain Sex Offenders
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a. If eligible under Subsection (b) or (c), a person required to register may petition the court for an order exempting person from registration at any time after sentencing.
b. A person may petition the court if:
1. The person is required as the result of a singly reportable conviction or adjudication, AND
2. The court made affirmative finding that conviction was solely based on age discrepancy between victim and defendant.
c. A defendant who was placed on deferred adjudication community supervision before September 1, 2001, is eligible to petition the court. The court may consider the petition
only if the court finds that the defendant would have been entitled to affirmative finding in Subsection (b).
d. After hearing petition, court may issue order exemption registration if:
1. The exemption does not threaten public safety, AND
2. Person=s conduct did not occur without victim=s consent as defined in TPC
Art. 62.011 – Workers or Students
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Art. 62.02 – Registration
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A person subject to registration shall register or shall verify registration, if person is one for whom registration is completed, 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 in a municipality, then the person shall register or verify registration in any county where the person resides for more than seven days. The person shall register or verify registration no later than the seventh day after arrival in the municipality or county.
DPS shall provide all local law enforcement authorities with a registration form, which shall include:
1. Person’s 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 recent color photograph and complete set of fingerprints,
3. Type of offense person was convicted of, age of victim, date of conviction, and punishment received,
4. Indication of whether person is discharged, paroled or released on supervision,
5. Indication of each professional license held or sought by person,
6. Indication as to whether person will be employed or a student at institution of higher learning and the address of that institution, and
7. Any other information required by DPS.
Within three days after registration, local law enforcement shall send copy of form to DPS, and, if person lives on campus of institution of higher learning, to the authority for campus security.
A person required to register or verify registration shall ensure that the registration form is complete and accurate.
If a person subject to registration does not move to an intended residence within seven days of either release or leaving previous residence, the person shall:
1. Report to supervising officer within seven days and provide temporary address, AND
2. Continue to report to supervising officer not less than weekly until person has moved to an intended address.
If a person resides in TX and works or is a student in another state, the person must register with law enforcement in the other state within 10 days of arriving to work or attend school. If the person attends school with campus security, the person must also register with campus security within 10 days of starting to attend school.
Art. 62.021 – Out-of-state Registrants
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This article applies to a person required to register under the laws of another state or country that would not be required to register otherwise.
Art. 62.03 – Prerelease Notification
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Before a person subject to registration is due to be released, either the TDCJ or the TYC shall determine the person’s risk level using the process described in Art. 62.035. Before releasing the person, an official of penal institution shall:
1. Inform the person that he must:
a. Register with local law enforcement in municipality or county within seven days of release and report to supervising officer.
b. Report to local law enforcement and supervising officer at least seven days before moving to a new residence.
c. Register with law enforcement at least ten days before arriving to reside in new state.
d. Apply to DPS for new driver’s license within 30 days or have current license revoked.
2. Require person to sign statement that he was informed of these duties or certify that person was so informed,
3. Obtain address where person expects to reside and other registration information, including photograph and fingerprints, and
4. Complete registration form for person
Seven days before person is to be released, an official of penal institution shall send completed registration form and risk level to law enforcement in municipality, county, or other state where person expects to reside.
If person is subject to registration under deferred adjudication, the court shall determine the risk level as described in Art. 62.035 and ensure that registration requirements are conducted on day of entering the order or sentencing. If a supervising officer is available in court, that officer shall obtain risk level and conduct prerelease notification. If not, the court shall designate an appropriate individual to conduct prerelease notification.
Within eight days of receiving a registration form, local law enforcement shall:
1. Verify age of victim, the basis for which the person is subject to registration, and the person’s risk level.
2. Immediately publish notice in English and Spanish in the newspaper of greatest paid circulation in the county and publish a duplicate notice during the week following initial publication.
3. Immediately provide notice to the superintendent of the public school district and the administrator of any school in the district where the person intends to reside.
Newspaper notice shall include the following information only:
1. Person’s name, age, and gender
2. Brief description of the offense subjecting person to registration
3. Municipality, numeric street address and zip code
4. Recent photograph or website where photo can be viewed free of charge
5. Numeric risk level and guidelines used to determine risk level
Notice to superintendent and school administrators shall include all information necessary to protect the public except:
1. Person’s Social Security number, Driver’s License number, or telephone number, and
2. Any information that would identify the victim of person’s offense
Before a person will be released from penal institution in this state, an official from that institution shall inform person that:
1. He must register with law enforcement of municipality or county where he intends to reside, work or attend school within seven days, and
2. He must register with law enforcement and campus security in any other state where he intends to work or attend school within ten days.
Law enforcement shall collect from the person the costs for publication of notice.
Art. 62.031 – Limitations on Newspaper Publication
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Law enforcement may not publish notice in newspaper under 62.03 or 62.04 if basis for registration is adjudication of delinquent conduct or §25.02 Prohibited Sexual Conduct if victim was under 17 at time of offense.
Law enforcement may not publish notice in newspaper under 62.04 if person is assigned a numeric risk level of one.
Art. 62.032 – Circumstances for Notice to Superintendent or School Administrator
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Law enforcement shall notify superintendent and administrators under 62.03 and 62.04 if:
1. Victim of offense was child under 17 enrolled in a secondary school, or
2. Person subject to registration is student enrolled in school, or
3. Basis for registration is §43.25 (Sexual Performance by Child) or §43.26 (Possession of Child Pornography)
Law enforcement shall not provide notice if basis is adjudication of delinquent conduct or offense under §25.02 (Prohibited Sexual Conduct)
Art. 62.035 – Risk Assessment Review Committee and Screening Tool
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TDCJ shall establish a risk assessment review committee to develop or select a objective point system to determine risk level of person subject to registration, adapted to the following guidelines:
1. Level one (low): poses a low danger to community, will not likely engage in criminal sexual conduct
2. Level two (moderate): poses moderate danger to community, may continue to engage in criminal sexual conduct
3. Level three (high): poses serious danger to community, will continue to engage in criminal sexual conduct
The risk assessment committee, TDCJ, TYC, or a court may override the risk level if it believes that the risk level is not an accurate prediction of the risk offender poses to community.
Art. 62.04 – Change of Address
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a. A person required to register intends to change address shall provide local law enforcement and supervising officer with date of anticipated move and new address at least seven days before move. He must also report in person to new local law enforcement authority within seven days after move and provide proof of identity and residence.
b. Within three days of receiving information, supervising officer shall forward new address and anticipated move date to both current and new local law enforcement authorities.
c. If person moves to new state, person shall register with local law enforcement in new state within ten days of arrival.
d. Within three days of receiving information, local law enforcement shall forward information to DPS and to law enforcement in new municipality or county
e. If person who reports to move does not move on the anticipated date or to the new address provided, the person shall:
1. Report to current local law enforcement authority and provide explanation regarding changes to anticipated move date and intended residence, AND
2. Continue to report to supervising officer not less than weekly until person has moved to intended residence.
f. DPS shall inform new local law enforcement authority within three days of receiving information.
g. Within eight days of receiving information of intended move, local law enforcement shall:
1. Verify age of victim, the basis for which the person is subject to registration, and the person’s risk level.
2. Immediately publish notice in English and Spanish in the newspaper of greatest paid circulation in the county and publish a duplicate notice during the week following initial publication.
3. Immediately provide notice to the superintendent of the public school district and the administrator of any school in the district where the person intends to reside.
h. The newspaper notice and notice to superintendents/administrators shall follow the same guidelines as in 62.03, including recovery of costs from person subject to registration.
i. If the person moves to a new state, DPS shall immediately:
1. Inform law enforcement in new state, AND
2. Send registration form and fingerprints to FBI
Art. 62.041 – Authority of Political Subdivision to Collect Costs of Certain Notice
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A political subdivision, notified by local law enforcement, may include costs of publication of notice under 62.03 or 62.04 within a utility bill and may suspend service of that utility if the person is delinquent in payment.
Art. 62.045 – Additional Public Notice for Certain Offenders
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After receiving notice of persons assigned a risk level of three, DPS shall provide written notice mailed or delivered to every residential address within a one-mile radius or a three-block area of a subdivision. DPS shall provide this notice within seven days after the person is released or within ten days after the person moves. For this notice, DPS shall use employees whose duties in providing this notice are in addition to their regular duties.
The notice shall be in English and Spanish and shall include all public information.
DPS shall establish procedures for recovering the costs of notice from the person.
After receiving notice of person assigned a risk level of three, local law enforcement may provide notice to public in any manner determined appropriate and may include any public information. The following are examples of acceptable manners of notice:
1. Holding a neighborhood meeting
2. Posting notices in the area where the person intends to reside
3. Distributing printed notices to area residents
4. Establishing a specialized local website
A seller or lessor of real property has no duty to disclose information about registrants to a prospective buyer or lessee.
Art. 62.0451 – Additional Public Notice for Individuals Subject to Civil Commitment
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After receiving notice that a sexually violent predator who is civilly committed is due to be released, DPS shall provide the same written notice as in 62.045 within seven days of the person’s release.
After receiving notice that a sexually violent predator who is civilly committed is due to move to a new residence, DPS shall provide the same written notice as in 62.045 within ten days after the person moves to the new residence.
Art. 62.05 – Status Report by Supervising Officer or Local Law Enforcement
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The supervising officer shall promptly notify local law enforcement after receiving information of any change in the person’s status, including change of name, physical health, job, incarceration, or terms of release.
If the person required to register intends to change address, the supervising officer shall notify both current and new local law enforcement authorities.
A person subject to registration shall report any change in status with respect to person’s name, physical health or job to local law enforcement within seven days of the change.
A person changes job status if he leaves employment, begins new employment, or changes address of employment.
A person changes health status if he is hospitalized as result of illness.
A person shall promptly notify local law enforcement of any grant or denial of petition to change name.
Art. 62.06 – Law Enforcement Verification of Registration Information
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A person who has been convicted of a sexually violent offense two or more times or received deferred adjudication two or more times shall report to local law enforcement at least once during every 90 day period following his initial verification of the registration form. A person not subject to this requirement shall report to verify information at least once per year during a period between 30 days before and after his birthday.
If a person is not complying with this requirement, the local law enforcement authority may direct the person to report to comply.
A person must supply proof of residence and identity before verifying information on registration form and making any necessary additions or corrections.
Local law enforcement may at any time mail a non-forwardable verification form to the last reported address of the person. Within 21 days of receiving this form, the person shall indicate whether he still lives at that address or provide a new address, complete and sign the form, and return the form to local law enforcement.
Art. 62.061 – Verification of Individuals Subject to Commitment
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A person civilly committed as a sexually violent predator shall report at least once during every 30-day period following his initial verification of the registration form.
When the court releases a person from civil commitment process, he must then obey the requirements of 62.06
Art. 62.062 – Registration of Persons Regularly Visiting Location
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A person subject to registration who on at least three occasions during any month spends more than 48 consecutive hours in a municipality or county other than the one in which the person is registered shall, before the last day of the month, report that fact to the local law enforcement authority of the municipality or county in which the person is a visitor.
This person shall provide all information listed in 62.02 to local law enforcement, in addition to the address at which the person was lodged and a statement as to whether the person intends to return during the following month.
This article does not require local law enforcement to notify schools that would otherwise not require notice.
Art. 62.063 – Registration of Certain Workers or Students
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A person is subject to this article if he resides in another state and is a student or employee in this state.
A person subject to this article is also subject to the registration and verification requirements of 62.02 and 62.06 and to the change of address requirements of 62.04, except that registration, verification, and change of address are based on municipality or county in which person works or attends school.
A person subject to this article is not subject to the newspaper publication requirements of 62.03 and 62.04.
A person’s duty subject to this article ends when he no longer works or attends school in this state, provides notice of this fact to local law enforcement, and receives confirmation that local law enforcement received this fact.
Art. 62.064 – Registration of Workers or Students at Institutions of Higher Education
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A person required to register who is employed or is a student at an institution of higher education shall report this fact to campus security within seven days of starting to work or attend school. If there is no campus security, he must report this to the local law enforcement authority for the municipality or county. He shall also report the termination of working or attending school to the same authority within seven days after the date of termination.
This article does not impose a duty of public notification upon any campus security or a law enforcement authority not otherwise required to notify the public.
Art. 62.065 – Requirements Relating to Driver’s License or Personal Identification Certificate
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A person required to register shall apply for a new driver’s license, driver’s permit, or identification card within 30 days of either:
1. Release from a penal institution, OR
2. DPS sending written notice of this requirement to the person
The person shall annually renew in person each driver’s license, permit, or identification card issued by DPS until the person’s duty to register expires.
Art. 62.07 – Remedies Related to Public Notice
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A person subject to registration may petition the district court for injunctive relief to restrain law enforcement from publishing notice in a newspaper as required in 62.03 and 62.04. The court may issue a temporary restraining order until a hearing can be arranged. The court may grant injunctive relief if the person proves by a preponderance of evidence that newspaper publication would place the person’s health and well-being in immediate danger.
Art. 62.08 – Central Database; Public Information
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DPS shall maintain a computerized central database containing only information required for registration.
Information contained in the database is public except for information:
1. Regarding the person’s Social Security number, Driver’s License number, and telephone number, or
2. That would identify the victim of the offense requiring registration
DPS shall post on any DPS website any photograph of the person available from process of obtaining a driver’s license and shall update photographs annually or as they otherwise become available.
Local law enforcement shall release public information to any person who submits a written request for information. This authority may charge a fee not to exceed that reasonably necessary to cover costs of releasing the information.
DPS shall provide a professional licensing authority with notice of any person required to register who holds or seeks a license from that authority as this information becomes available.
DPS shall release any information to a license authority that issues a written request identifying an individual as an applicant for or holder of a license issued by that authority.
DPS shall send notice of any person required to register who will be employed or enrolled at an institution of higher learning to campus security within three days after the information becomes available. If there is no campus security, DPS shall send notice to the local law enforcement authority in the municipality or county where the institution is located.
DPS shall release any information to an institution of higher learning that issues a written request identifying an individual as applying to work or study at the institution.
Art. 62.085 – Information Provided to Peace Officer
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DPS shall establish a procedure by which an officer who provides a driver’s license number or license plate number is notified if the person who holds the license or owns the car is required to register under this Chapter.
Art. 62.09 – Immunity for Release of Public Information
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DPS, local law enforcement, campus security, school or a penal institution may only release public information to the public. No entity is liable for damages arising from the release of public information. For liability purposes, release or withholding of information by an officer is a discretionary act.
Art. 62.091 – General Immunity
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The following persons are immune from liability for good faith conduct under this Chapter:
1. Employee or officer of TDCJ, TYC, DPS, or Texas Juvenile Probation Commission
2. Supervising officer
3. Member of the judiciary
Art. 62.10 – Failure to Comply
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A person commits the offense when he is required to register and fails to comply with any requirement of this Chapter.
This offense is a state jail felony if the person’s duty to register expires after 10 years.
This offense is a third-degree felony if the person has a duty to register for life and is required to verify registration annually.
This offense is a second-degree felony if the person has a duty to register for life and is required to verify registration once every 90 days.
If a person has previously been convicted for an offense under this article, his punishment is increased to the next level of felony.
Art. 62.101 – Failure to Comply: Individuals Subject to Commitment
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A person commits an offense if the person, after commitment as a sexually violent predator but before the person is released from requirements of commitment process, fails to comply with any requirement of this Chapter.
This offense is a second-degree felony.
Art. 62.11 – Applicability
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This chapter applies only to convictions occurring on or after September 1, 1970.
Newspaper provisions of 62.03 and 62.04 only apply to convictions occurring after:
1. September 1, 1997 for §43.05 (Compelling Prostitution), or
2. September 1, 1995 for any other offenses
Duties imposed on a person by this chapter are not affected by appeal or pardon unless the conviction is set aside on appeal or the pardon is granted on the basis of subsequent proof of innocence, in either case of which the duties are terminated.
Art. 62.12 – Expiration of Duty to Register
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A person required to register has the duty to register for life if the person has a conviction for:
1. A sexually violent offense,
2. An offense under §25.02 (Prohibited Sexual Conduct), §43.05(a)(2) (Compelling Prostitution) or §43.26 (Possession of Child Pornography),
3. An offense under §21.11(a)(2) (Indecency with a Child) if before or after the conviction the person has received another conviction for conduct requiring registration,
4. An offense under §20.02 (Unlawful Restraint), §20.03 (Kidnapping), or §20.04 (Aggravated Kidnapping) if judgment contains affirmative finding that victim was under 17 years of age and before or after conviction the person has received another conviction for conduct requiring registration.
If the person’s duty to register is based on adjudication of delinquent conduct, the duty to register expires ten years after either the date of disposition or the person completing the terms of disposition, whichever date is later.
If the person’s duty to register is based on any other conviction, the duty to register expires ten years after either the date the person is discharged by the court, released from county jail, or is discharged from community supervision, whichever date is latest.
Art. 62.13 – Hearing to Determine Need for Registration of a Juvenile
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On motion of juvenile, the juvenile court shall conduct a hearing to determine whether the interests of the public require registration for the juvenile. The hearing is without a jury and the burden is upon the juvenile to show by a preponderance of evidence either that the protection of the public would not be increased by the registration of the juvenile or that the increase in protection is clearly outweighed by anticipated harm to the juvenile and his family.
The prosecutor may waive right to a hearing and agree that registration is not required. If the prosecutor agrees, the court shall enter an order excusing compliance with registration.
The prosecutor or juvenile may also appeal the order excusing registration and the standard of review in the appellate court is whether the juvenile court committed procedural error or abused its discretion.
The juvenile court may also enter an order deferring decision on requiring registration until juvenile has completed treatment for his specific sexual offense, during which time the court may require the juvenile to register.
The juvenile court may also enter an order requiring registration but provide that the registration information is not public and is restricted to use by law enforcement agencies. In this subsection, information may not be posted on the Internet or released to the public.
A person already required to register for an adjudication of delinquent conduct, regardless of when the conduct or adjudication occurred, may file a motion in the adjudicating juvenile court seeking excusal from registration or an order that the registration information no longer be public.
If the court grants a motion to excuse or to make information non-public, a copy of the court’s order shall be sent to every public and private organization that the court determines may be in possession of information. An institution of higher education may not be required to delete the information, but all other organizations are required to comply with the court order within 30 days of the date of entry for the order.
A person required to register in this state because of an out-of-state adjudication may file a petition seeking excusal of compliance. On receipt of this petition, the juvenile court shall conduct the same hearing as that for an in-state juvenile.
Art. 62.14 – Removing Juvenile Registration Information When Duty to Register Expires
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When a person is no longer required to register as result of adjudication of delinquent conduct, DPS shall remove all information from the sex offender registry.
When a person registers with local law enforcement, that authority shall determine whether the duty to register has expired. If the duty to register has expired, the authority shall remove all information about the person from the sex offender registry and notify DPS that the person’s duty to register has expired.
For a free initial consultation with a sexual misconduct defense lawyer, call the Law Office of David A. Breston at 888-220-4040 or contact us online.
