1-1 By: Hill (Senate Sponsor - Whitmire) H.B. No. 181
1-2 (In the Senate - Received from the House April 13, 1993;
1-3 April 14, 1993, read first time and referred to Committee on
1-4 Criminal Justice; May 25, 1993, reported adversely, with favorable
1-5 Committee Substitute by the following vote: Yeas 5, Nays 0;
1-6 May 25, 1993, sent to printer.)
1-7 COMMITTEE VOTE
1-8 Yea Nay PNV Absent
1-9 Whitmire x
1-10 Brown x
1-11 Nelson x
1-12 Sibley x
1-13 Sims x
1-14 Turner x
1-15 West x
1-16 COMMITTEE SUBSTITUTE FOR H.B. No. 181 By: Whitmire
1-17 A BILL TO BE ENTITLED
1-18 AN ACT
1-19 relating to the registration of certain persons convicted of
1-20 obscenity offenses under the sexual offenders registration program.
1-21 SECTION 1. Section 1(5), Article 6252-13c.1, Revised
1-22 Statutes, is amended to read as follows:
1-23 (5) "Reportable conviction or adjudication" means:
1-24 (A) a conviction for violation of Section 21.11
1-25 (Indecency with a child), 22.011 (Sexual assault), 22.021
1-26 (Aggravated sexual assault), <or> 25.02 (Incest), Penal Code;
1-27 (B) a conviction for violation of Section 43.25
1-28 (Sexual performance by a child) or 43.26 (Possession or promotion
1-29 of child pornography), Penal Code;
1-30 (C) the fourth conviction for a violation of
1-31 Section 21.08 (Indecent exposure), Penal Code; <or>
1-32 (D) <(C)> an adjudication of delinquent conduct
1-33 based on a violation of one of the offenses listed in Paragraph (A)
1-34 or (B) of this subdivision or for which four violations of the
1-35 offenses listed in Paragraph (C) <(B)> of this subdivision are
1-36 shown; or
1-37 (E) a deferred adjudication for an offense
1-38 listed in Paragraph (A) or (B) of this subdivision.
1-39 SECTION 2. Section 3, Article 6252-13c.1, Revised Statutes,
1-40 is amended to read as follows:
1-41 Sec. 3. <PRERELEASE> NOTIFICATION TO OFFENDER. (a) On the
1-42 date <At least 30 days, but not earlier than 90 days, before> a
1-43 person who will be subject to registration under this article is
1-44 <due to be> released from a penal institution, an official of the
1-45 penal institution shall, in a manner prescribed by the
1-46 department,<:>
1-47 <(1)> inform the person of the person's duty to
1-48 register under this article and require the person to sign a
1-49 written statement that the person was so informed or, if the person
1-50 refuses to sign the statement, certify that the person was so
1-51 informed<;>
1-52 <(2) obtain the address where the person expects to
1-53 reside on the person's release; and>
1-54 <(3) inform the department and the applicable local
1-55 law enforcement authority in the municipality or unincorporated
1-56 area of the county in which the person expects to reside of the
1-57 person's name, release date, new address, and the offense of which
1-58 the person was convicted>.
1-59 (b) If a person who is subject to registration under this
1-60 article receives an order deferring adjudication, probation, or
1-61 only a fine, the court pronouncing the order or sentence shall
1-62 provide the <conduct the prerelease> notification specified in
1-63 Subsection (a) of this section to the person on the day of
1-64 sentencing.
1-65 (2) Add two appropriately numbered sections to the
1-66 bill to read as follows:
1-67 SECTION 3. Article 6252-13c.1, Revised Statutes, is amended
1-68 by adding Section 3A to read as follows:
2-1 Sec. 3A. NOTIFICATION TO AUTHORITIES. The entity that
2-2 provides notice under Section 3 of this Act to a person required to
2-3 register shall also provide notice to the department and the local
2-4 law enforcement authority in the jurisdiction in which the person
2-5 intends to reside. The notice shall be in a form prescribed by the
2-6 department and must include the person's:
2-7 (1) name, date of birth, social security number,
2-8 intended residence, and date of release, if appropriate, from a
2-9 penal institution; and
2-10 (2) reportable conviction or adjudication.
2-11 SECTION 4. Section 5(a), Article 6252-13c.1, Revised
2-12 Statutes, is amended to read as follows:
2-13 (a) A person who releases the information required for
2-14 registration under this article to a person other than a full-time,
2-15 fully paid, employed law enforcement, probation, or parole officer
2-16 commits an offense.
2-17 (3) Renumber the remaining sections as appropriate.
2-18 SECTION 5. Section 8(a), Article 6252-13c.1, Revised
2-19 Statutes, is amended to read as follows:
2-20 (a) This article applies only to a reportable conviction or
2-21 adjudication:
2-22 (1) occurring on or after:
2-23 (A) September 1, 1991, if the conviction is for
2-24 or the adjudication is based on an offense listed in Section
2-25 1(5)(A) or (C) of this article; or
2-26 (B) September 1, 1993, if the conviction is for
2-27 or the adjudication is based on an offense listed in Section
2-28 1(5)(B) of this article; or
2-29 (2) for which an order of deferred adjudication is
2-30 entered by the court on or after September 1, 1993.
2-31 SECTION 6. Section 9, Article 6252-13c.1, Revised Statutes,
2-32 is amended by adding Subsection (c) to read as follows:
2-33 (c) The duty to register for a person with a reportable
2-34 conviction or adjudication based on an order of deferred
2-35 adjudication under Section 1(5)(E) of this Act ends on the date:
2-36 (1) the court dismisses the criminal proceedings
2-37 against the person and discharges the person; or
2-38 (2) the person discharges parole or probation, if the
2-39 court proceeds to final adjudication in the case.
2-40 SECTION 7. The importance of this legislation and the
2-41 crowded condition of the calendars in both houses create an
2-42 emergency and an imperative public necessity that the
2-43 constitutional rule requiring bills to be read on three several
2-44 days in each house be suspended, and this rule is hereby suspended,
2-45 and that this Act take effect and be in force from and after its
2-46 passage, and it is so enacted.
2-47 * * * * *
2-48 Austin,
2-49 Texas
2-50 May 25, 1993
2-51 Hon. Bob Bullock
2-52 President of the Senate
2-53 Sir:
2-54 We, your Committee on Criminal Justice to which was referred H.B.
2-55 No. 181, have had the same under consideration, and I am instructed
2-56 to report it back to the Senate with the recommendation that it do
2-57 not pass, but that the Committee Substitute adopted in lieu thereof
2-58 do pass and be printed.
2-59 Whitmire,
2-60 Chairman
2-61 * * * * *
2-62 WITNESSES
2-63 FOR AGAINST ON
2-64 ___________________________________________________________________
2-65 Name: Jimmy L. Spivey x
2-66 Representing: Dallas Police Dept.
2-67 City: Dallas
2-68 -------------------------------------------------------------------
2-69 Name: Lacey Sloan x
2-70 Representing: Tx Assn. Against Sexual Assault
3-1 City: Austin
3-2 -------------------------------------------------------------------
3-3 Name: Lee Ann Breading x
3-4 Representing: Denton Co. Dist. Attorney
3-5 City: Denton
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