AGENDA ITEM # 52 KEY FOCUS AREA: Public Safety Improvements and Crime Reduction [AGENDA DATE: December 8, 2010 COUNCIL DISTRICTIS): Al DEPARTMENT: Mayor and city Counc emo: NA MAPSCO: Na SUBJECT ‘An ordinance amending Chapter 31 of the Dallas City Code to: (1) define terms; (2) prohibit multiple registe'ed sex offenders from residing in the same dweling unit, with Certain defenses; (3) update references to state law in current city restrictions on specified sex offenders. (4) clarify crimes that cause a person to be designated as a specified sex offender; (6) provide a grandfather clause; and (6) provide a penalty not to ‘exceed $500 - Financing: No cost consideration to the City BACKGROUND The proposed ordinance would add Section 31-17.1 to CHAPTER 31, “OFFENSES - MISCELLANEOUS," of the Dallas City Code to regulate the residency of ragictered cox offenders, Under the preposed ordinance, a registered sex offender woul be prohibited from either temporary or permanently residing in the same dwelling unit with other registered sex offenders, regardless of whether the dwelling unit is located on a single-family, duplex, tovinhome, or multifamily property. A registered sex offender would include any perscn required to register as a sex offender under the Texas Code of Criminal Procedure. A citation for a violation could be issued to ether the sex offender or the owner, operator, or person in control of the dweling unit that allowed multiple registered sex offenders to reside in the dwelling unit. An offense would be punishable by a fine of up to $500. It would be a defense to prosecution if (1) the ‘multiple sex offenders were related by blood, marriage, adoption, of foster care; (2) the Viatim was below the age of 17, was a wiling participant in the sexual activity, and was hot more than four yea's younger than the registered sex offender (a/k/a "Romeo & Juliet” defense); or (8) the dwelling unit was a lawfully operating halfway house, ‘overnight general purpose shelter, homeless assistance center, of Institute for special education operating @ state approved program for criminal offenders. Multiple registered sex offenders residing in the same dweling unit on the passage date of the proposed ordinance would have one year to comply with the ordinance.BACKGROUND (continued) ‘The proposed ordinance would also amend Section 31-17 of the Dallas City Code to Update the city’s current regulations on specified sex offenders to be consistent with state law, PRIOR ACTIONIREVIEW (Council, Boards, Commissions] ‘Council was briefed in Closed Session on November 17, 2010, FISCAL INFORMATION No cost consideration tc the City ‘ganda Date 12082010- pane 2iagao10 ORDINANCE NO. ‘An ordinance amending Section 31-17 of and adding Section 31-17.1 to CHAPTER 31, “OFFENSES - MISCELLANEOUS.” of the Dallas City Cade, as amended: defining tems; prohibiting multiple registered sex offenders from residing in the same dwelling unit, with centin defenses: updating references to state law in current city restrictions o specified sex offenders; clarifying crimes that cause a person to be designated as a specified sex offender; providing a grandfather clause; providing a penalty not to exceed $500; providing a saving clause; providing a severability clause; and providing an effective date, WHEREAS, Chapter 62 ofthe Texas Code of Criminal Procedure equires persons with convictions adjudications of certain sexully-rlated crimes to register as sex offenders; and WHEREAS, the exy council finds tat, when convicted sex offenders renter society, they are more likely than any other type of offender to be rearrested for new sexually-rlated offenses: and WHEREAS, the likelihood of a convicted sex offender committing a new sexually related offense increases if he oF she resides with another convicted sex offender in an unsupervised setting: and WHEREAS, ths high ate of recidivism not only poses areal danger to the residents and visitors of the neighborhoads in which these reustered sex offenders lv, but also makes people laid olive in or visit those neighborhoods, thereby lowering property valves; and WHEREAS, the city counel has determined thatthe negative effet on neighborhood property values and the dinger to neighborhood residents and visitors signficamly increases ‘hen multiple registred sex offenders reside in the same dwelling unit; andWHEREAS, the ety council has determined that restritng the numberof registred sex offenders that may eside in one dwelling unit, with certain defenses, sin the interest of the public heath, safety, and welfare; Nov, Therefare, BE ITORDAINED BY THE CITY COUNCIL OF THE CITY OF DALLAS: SECTION 1, “Tha: Section 31-17, “Specified Sex Offenders Near Schools and Childe care Facilites,” of CHAPTER 31, “OPFENSES - MISCELLANEOUS,” ofthe Dallas City Code, s amended, i amended to read as fellows “SEC. 31-17, ‘SPECIFIED SEX OFFENDERS NEAR SCHOOLS AND CHILD- CARE FACILITIES. ()_Inthis seeton: (1) CHILD-CARE FACILITY has the meaning given that term in Section S1A-4.204(3)(A) of the Dallas Development Code, as amended, @)__ CONTINUAL PATTERN OF UNAUTHORIZED ENTRY means that, on atleast ewo occasions within the preceding 12-month period, the specified sex offender came ‘onto the premises of any school or child-care facility oF onto a street, sidewalk, or ater public ‘way adjacent tothe premises of any sehool or childcare facility and was asked to leave by a person in authority (Q)__ PERSON IN AUTHORITY means the chief administrative officer of the School or child-care failty, the chief administrative officer's authorized agen, of a peace officer. (4) SCHOOL means any publi oF private schoo! that has @ cutilum for kindergarten, elementary r secondary education and that exist apart from a child's home. (9) _ SPECIFIED SEX OFFENDER means any person required to register 38 @ sex[sal] offender under Chapter 62 of the Texas Code of Criminal Procedure [Sestion-6252- ‘Herb ot Memon's-Faxae-Cirit States) as amended, fora reportable eonvietion or adjudication ‘of any of the following viobtions WG 3 ofa young child or children as described in Section 21,02 ofthe Texas Penal Code, as amended, nn ine] wih deed in Seon 2.1 ofthe Texas Penal Code, a: amended,{CL[e>) Sexual foetal assault of a child, as described in Section 22.011 of the Texas Penal Code, as amended, [ DYE] Agoravated [aggravated] sexval assault of a child, as eseribed in Section 22.021 ofthe Texas Penal Code, as amended, [i] E)__Online solicitation of & minor, as described in Section 33.021 of Code as amended. the Texas Pe {ELD} Sexual [sensal] performance by a child, a5 deseribed in Section 43.25 of the Texas Penal Code, as amended, [+e] (G){EE)]___ Possession [possession] or promotion of child pornography, 1s described in Section 4326 ofthe Texas Penal Code, as amended. (H)__Anv other violation listed in Anite 62.001(5) af i wolving a vii vounger than 17 years of age (D__A violation of the laws of another state, federal law, laws of @ foreign country, or the Uniform Code of Military Justice if the violation contained element substantially similag 1 the elemenis of the violations described in Subparasraphs (A) throush 1) of this parazraph (©) A person commits an offense if the person [he] isa specified sex offender and: (1) remains on any part ofthe premises ofa school or child-care facility or on any street, sidewalk, or otter publie way adjacent to any part ofthe premises ofa school or child- care facility after being asked to leave by a person in authority, 2) reemters onto any part of the premises of a school or child-are facility or onto any street, sidewalk, a other public way adjacent to any part ofthe premises ofa school or childcare facility within Seven day of being asked t leave hy a person in authority: ot (@)___has established a continual pattern of unauthorized entry onto the premises ‘of any school or child-care faelity or onto a street, sidewalk, or other public Way adjacent to the Premises of any school a childcare facil, (©) Itis a defense to prosecution under Subsection (b) that the person (1) was the parent or guardian ofa child atending the school or child-care facility, unless a cour of competent jurisdiction has issued an order restricting the person's access to or presence neat the child; 2) wasat the time of the offense enrolled in and attending the school as a student,@) had prior writen permission ftom the chief administrative officer ofthe school ot child-care facility to be presen, atthe time of the offense, on the premises or on the stret, sidewalk, or other publie way adjacent to the premises; or (4) asin active transit in a motor vehicle on a public sttet that was a direct route between wo locations at which the person had legitimate busines, (4) A person who violates a provi a Separate offense for OF part of a day during which the violation is omy ach pffense, upon convietion, s punishable bya fine no to exceed $500” SECTION 2. Tha CHAPTER 31, “OFFENSES - MISCELLANEOUS," of the Dallas City Code, as amended, is amended by adding new Section 31-17.1, “Restrictions on Sex ‘offenders Residing inthe Same Duselling Unit” to read a follows: “SEC. 31-17.1__RESTRICTIONS ON SEX OFFENDERS RESIDING IN THE SAME, DWELLING U (2) _Inthis sect {DWELLING means a structure or building occupied asa residence, 2) DWELLING UNIT means one or more rooms in single-family, duplex, townouse, of mulifamily dueling dha (A) ae 8 Single housekeeping uni to accommodate one familyzand [B)__contain one or more kitchens, one or more bathrooms, and one or more bedrooms 3)_MU-TIFAMILY_ DWELLING means a multifamily use as defined in Section $14-4.209(by(31 0° he Dallas Development Code, as amended, (4) _ REGISTERED SEX OFFENDER means any person registered ot reauited 1 register as a sex offender under Chapter 62 of the Texas Code of Criminsl Procedure, as amended, (b)__A person who is a registered sex offender commits an offense if the person resides. either temporarily or permanently, in the same dwelling unit with another registred sex offender (6)__The ovner, perator or person in contol of dwelling unit commits an offense if he or she, ether lovee or agent, allows a repitered sex offender reside, either temporarily or permanently, in the dwelling unit with another reistered sex offenda defense to prose Subsection (b) orf) that, 1) all egistered sex offenders residing ling unit were elas cach 1 OF any combinati following: A) loos (By manage (C)__sdopton: or foster care cement program author Texas Department of Fa rotective Service er 264, Subchapter B ‘Texas Family Code, as emended: a iolation for which th lor Was required to regi ‘ex crime on the sex offende?'s record and. at the tims Jaton, the victim in case was (A) _hetween land 17 years of 8) _awilln the senual activity: and © than four years voungee istered sex offender: 3)__the duelling unit was a lawfully established and lawfully operating: (AY__halivay hy sd in Section $1-4,2045) of S1A-4,20 ‘of the Dallas Developmen Gade, as anended: (Boveri se shelter as ection SIAL 4.205(2.11 ofthe Dallas Davelopment Code. as amended (C) hom jstance center. as defined and authorized in Section S1P357, alas Development Code, as amended: of (D) insite for special educa ds a valid cen ‘occupancy specifically forthat use and that operates program approved by the State of Texas forthe housing, rehabilitation, and taining of eriminal offenders (21__A person who violates a provision ofthis section i guilty oa separate offense fi rLof a day during which the violation is commited_ cont rmiged, Each offense, upon convietion. ispunishable by a fine noLio exceed $500,"SECTION 3. That any registred sex offenders residing inthe same duelling unit on the passage date ofthis ordinance, and any owner, operator, or person in contol ofa dwelling unit in “which multiple registred sex offenders were residing on the passage date ofthis ordinance, wil have ul December 13,2011 to comply with this ordinance SECTION 4. ‘That CHAPTER 31 of the Dallas City Code, 0s amended, will remain in ful force and effec, save and except a amended by this ordinance. SECTIONS. That the tems and provisions of this ordinance are severable and are ‘governed by Seetion lof CHAPTER | of the Dallas City Code, as amended. SECTION 6. Tha: this ordinance will take effect on December 13, 2010, and it is sccordingly 0 ordained APPROVED AS TO FORM THOMAS P. PERKINS, J2., City Attomey By ‘Asisant Cig Atomey Passed.