Pursuing Rational Laws and Policies

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Randell Cobb
6 years ago
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1 Pursuing Rational Laws and Policies Texas Voices advocates for Common sense, research based laws and policies for people who are required to register as sex offenders. 1

TEXAS VOICES Does not give legal advice In most cases, cannot provide housing and/or employment resources Is not an innocence project Texas Sex Offender

2 TEXAS VOICES Does not give legal advice In most cases, cannot provide housing and/or employment resources Is not an innocence project Texas Sex Offender Registry Alternative Language for the Term Sex Offender Registrant Registered Citizen Required to Register Constituent of the Texas Sex Offender Registry 2

3 OUR ADVOCACY EFFORTS FOCUS ON EDUCATION SUPPORT GROUPS for Registrants and Family Members Austin Houston Dallas Midland Fort Worth San Antonio 3

4 LITIGATION DUARTE v. City of Lewisville Federal Case 4 Years and Waiting. LITIGATION GENERAL LAW CITIES There are two major categories of local government in the State of Texas: General Law cities and Home Rule cities. The major distinction between the two is that a General Law city can ONLY do what the legislature, through law, allows them to do. A Home Rule city, on the other hand, can pass any regulations or laws it deems necessary unless the state law prohibits it. In order for a city to be Home Rule, the population has to reach 5,000 and there has to be an election ratifying a city charter. LITIGATION GENERAL LAW CITIES Originally, 46 offending General Law Cities received demand letters to repeal their ordinances. 20 of those cities immediately repealed. 3 of those cities repealed after being sued 4 offending cities were later added and immediately repealed 11 offending cities are currently being sued 4

The 83 rd Legislative Session, the passage of SB369 required DPS to remove Place of Employment information from the Public Sex Offender Registry 85 th Session Parole Travel Route Bill HB1111 by

5 The 83 rd Legislative Session, the passage of SB369 required DPS to remove Place of Employment information from the Public Sex Offender Registry 85 th Session Parole Travel Route Bill HB1111 by Thompson Notwithstanding Subsection (b)(1)(b), a requirement that a releasee not go in, on, or within a distance specified by a parole panel of certain premises does not apply to a releasee while the releasee is traveling directly en route on a public or private roadway between locations at which the releasee has legitimate business. 5

6 85 th Session Parole Travel Route Bill Proposed Ammendment a requirement that a releasee not go in, on, or within a distance specified by a parole panel of certain premises does not apply to a release while the releasee is in or going immediately to or from a: (1) Parole office; (2) Premise at which the releasee is participating in a program or activity required as a condition of parole. Residency Restriction Bills 2 Senate Bills 5 House Bills Relating to the authority of general-law municipalities to restrict sex offenders from child safety zones in the municipality. Residency Restriction Bills SB76 Nelson SB197 Nichols HB207 Springer HB387 Murphy HB848 Schubert HB1063 Gooden HB1339 Burns 6

7 Residency Restriction Bills SB76 by Nelson To provide for the public safety, the governing body of a general-law municipality by ordinance may restrict a registered sex offender from going in, on, or within a specified distance of a child safety zone in the municipality. (Specified distance: up to 1000 feet) Residency Restriction Bills The ordinance shall establish procedures for a registered sex offender to apply for an exemption from the ordinance. Residency Restriction Bills Submitted to the 82 nd Texas Legislature- Jan Legislative Budget Board Recommendation 3 would amend statue to prohibit local jurisdictions from establishing additional local residency restrictions for sex offenders beyond the requirement the Board of Pardons and Paroles identified for the offender. (Pages ) pdf#ImpMgmtAndSuccessfulReentryor 7

Contact your Legislators http://www.capitol.state.tx.

8 Contact your Legislators Senate Criminal Justice Committee Interim Study 2010 Based on the research, the testimony provided during the hearing, it is clear registries do not provide the public safety, definitely not the way it is now. Recommendations: 1. Repeal Article (A) and (B) of the Code of Criminal Procedure to enable Texas not to be bound to the federal minimum for registration requirements. 2. Establish a minimum standard for registration requirements, which include the current process for deregistration for those approved by the CSOT. NO BILLS FILED 8

9 On the written request of a person with a single reportable conviction or adjudication or a person with more than one reportable conviction or adjudication if each conviction or adjudication arose out of the same criminal transaction. the court determines that the reportable conviction or adjudication for which the movant is required to register under this chapter is not a reportable conviction or adjudication for which the movant is required to register for a period that exceeds the minimum required registration period under federal law. Under current interpretation of Texas Statutes, only convictions or deferred adjudications handed down by Texas courts may be considered. Registrants convicted in Federal Court do not qualify for deregistration. Convictions or adjudications in states other than Texas do not qualify for deregistration even though the prospective applicant lives in Texas. 9

10 Deregistration in the Courts??? Ideas, Input, Suggestions Appreciated California Sex Offender Management Board Files Deregistration Bill 10

11 CONTACT TEXAS VOICES 11

Sex Offender Restrictions

TMCCP Presents Legislative Update Seminar August 17-18, 2017, San Marcos, Texas HANDOUT FOR Sex Offender Restrictions with speaker Bradford E. Bullock Attorney, Partner, Russell Rodriguez Hyde Bullock,