BILL ANALYSIS

 

 

Senate Research Center

H.B. 1136

88R3926 MCF-D

By: Jetton (Hughes)

 

Criminal Justice

 

5/17/2023

 

Engrossed

 

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

Under current law, Texas requires a lifetime registration with the Sex Offender Registry for adults convicted of trafficking a child, compelling prostitution of a child, and trafficking an adult.

 

Those convicted of compelling prostitution of an adult must only register on the sex offender registry for ten years.

 

H.B. 1136 updates the Penal Code to add a lifetime registration for individuals convicted of compelling prostitution. H.B. 1136's provisions apply only to a conviction or adjudication for an offense committed on or after the bill's effective date.

 

H.B. 1136 amends current law relating to the period for which a person is required to register as a sex offender based on the offense of compelling prostitution.

 

RULEMAKING AUTHORITY

 

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

 

SECTION BY SECTION ANALYSIS

 

SECTION 1. Amends Article 62.101(a), Code of Criminal Procedure, as follows:

 

(a) Provides that, except as provided by Subsection (b) (relating to providing that the duty to register for certain persons ends on the 10th anniversary of certain dates) and Subchapter I (Early Termination of Certain Persons' Obligation to Register), the duty to register for a person ends when the person dies if the person has a reportable conviction or adjudication, other than an adjudication of delinquent conduct, for:

 

(1) makes no changes to this subdivision;

 

(2) an offense under certain sections, including Section 43.05 (Compelling Prostitution), rather than Section 43.05(a)(2) (relating to the offense of compelling a child younger than 18 years to commit prostitution), Penal Code; or

 

(3)-(6) makes no changes to these subdivisions.

 

SECTION 2. Makes application of Article 62.101(a), Code of Criminal Procedure, as amended by this Act, prospective.

 

SECTION 3. Effective date: September 1, 2023.