Except for the additional notice requirement required by persons with a risk level of three, all registered sex offenders will be subject to the following:
Local Law Enforcement
Approximately one week before a person subject to registration is due to be released from jail or placed on probation, the local law enforcement agency must be notified of where the person expects to reside.
The DPS Sex Offender Database
Local law enforcement authorities submit all sex offender registration information to the Texas Department of Public Safety. The Texas Department of Public Safety puts this information in the DPS Sex Offender Database. The public may obtain information contained in this database at any time via the Texas Department of Public Safety website. The DPS Sex Offender Database can be accessed at https://records.txdps.state.tx.us/DPS_WEB/Portal/index.aspx.
Driver’s License or Personal Identification
Any registered sex offender must apply for a driver’s license or personal identification or renew their existing ID within thirty days of starting probation or parole. Failure to timely apply for a driver’s license or renewal could result in an automatic suspension of the person’s license.
DNA Specimen
A person required to register as a sex offender must comply with a request for a DNA specimen made by law enforcement. At least one court of appeals has held that a respondent must submit a DNA specimen even though he was excused from sex offender registration. See In re D.L.C., 124 S.W.3d 354 (Tex.App.-Fort Worth, 2003) (“The fact that a juvenile may be excused from registration does not alter the fact that he was placed on probation for an offense requiring sex offender registration or nullify the independent requirement of a DNA sample. Thus, here, because Appellants were adjudicated of a qualifying offense and were placed on probation, the prerequisites for applying the DNA statute were met. See Tex. Fam.Code Ann. § 54.0405(b) (specifying that DNA statute applies to child placed on probation for conduct constituting an offense requiring registration as sex offender)).
If a person is assessed a risk level of three, there are two additional public notice requirements:
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Postcard Notification of Civilly Committed and High-Risk Offenders
When the Texas Department of Public Safety receives notice that a sex offender is either civilly committed as a sexually violent predator or assigned a high-risk level is due to be released into a community or intends to move to a new address, the Texas Department of Public Safety will provide written notice in English and Spanish to the immediate community where the sex offender intends to reside. This written notice will be in the form of a postcard mailed or delivered to at least each address (excluding post office boxes) 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 civilly committed or high-risk sex offender intends to reside.
Newspaper Publication Local law enforcement authorities are permitted to publish all high-risk sex offenders in any newspaper, periodical or circular in the area where the offender intends to reside. For low and moderate-risk offenders, local law enforcement authorities are permitted to publish the offender in a newspaper, periodical or circular in the area where the offender resides unless the offender is registering on the basis of one or more adjudications of delinquent conduct (juveniles).
Thankfully, even if a juvenile offender is assessed a high risk level Article 62.062 prevents newspaper publication for juvenile adjudications.
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