BILL ANALYSIS
C.S.H.B. 1379
By: Allen
May 24, 1995
Committee Report (Substituted)
BACKGROUND
Currently, the convictions of the sale, distribution, or display of
harmful material to a minor, employment harmful to children, and
the first through third convictions of public lewdness are not
reportable. The convicted individual is not bound to be registered
for these offenses.
PURPOSE
C.S.H.B. 1379 proposes to increase offenses which are reportable,
make laws concerning the registration of sex offenders more
stringent, and call for public notices in the county in which a
registered offender plans to reside.
RULEMAKING AUTHORITY
It is the committee's opinion that this bill does not expressly
grant any additional rulemaking authority to a state officer,
department, agency or institution.
SECTION BY SECTION ANALYSIS
SECTION 1. Sec. 1(5), Article 6252-13c.1, Revised Statutes is
amended as follows:
-- includes prohibited sexual conduct.
-- includes sale ,distribution, or display of harmful material
to a minor and employment harmful to children.
-- includes the second conviction of public lewdness.
-- includes a conviction under the laws of the United States
or another state which are similar to offenses described above in
the Texas Penal Code.
SECTION 2. Sec. 3, Article 6252-13c.1, Revised Statutes, is amended
to read as follows:
Subsection (a) language is added requiring the Board of
Pardons and Paroles to determine the risk level of a person who is
due to be released and is subject to registration.
Subsection (b) adds language which defines the three risk
levels
Subsection (c) requires that the court inform a person who has
received community supervision of their duty to register, determine
their risk level, and inform the law enforcement in the area in
which they intend to reside.
Subsection (d) requires that notice be posted stating that a
convicted sex offender is moving into the area. The notice should
include the person's name, the street name, the nature of the
offense, person's numeric risk level, and release date.
Subsection (e) requires that the notice be posted at the
following locations: the county courthouse, office of the sheriff,
each office of a constable in the county and the headquarters of
the municipal police department, the main post office location, and
the main branch of the public library in the municipality.
SECTION 3. Sec. 4, Article 6252-13c.1, Revised statutes is amended
by adding subsection (c) and (d) and amending subsection (a) and
(b) as follows:
Subsection (a) adds language requiring that when moving a
person subject to registration provide written notice of the
person's new address.
Subsection (b) changes "a new" to "another"
Subsection (c) requires that law enforcement post a notice
when a person subject to registration moves their residence.
Subsection (d) states that the law enforcement shall post the
notice in the same places as specified in Section 3(e)
SECTION 4. Sec. 5(a), Article 6252-13c.1, Revised Statutes, is
amended as follows:
Information released under Section 3, 4, or 5a of this section
is not an offense.
SECTION 5. Section 5(a) Article 6252-13c.1 is amended by adding
Section 5A as follows:
Subsection (a) A person who releases information under this
section is not liable under Chapter 101, Civil Practice and
Remedies Code, or any other law, for resulting damages.
Subsection (b) Release of information by an appointed or
elected official is discretionary.
SECTION 6. Section 8(a), Article 6252-13c.1, Revised Statutes, is
amended as follows:
Section C is added stating that the effective date is
September 1, 1995, if the conviction is for an offense described
under Section 1(5)(F) or (G) of this article
SECTION 7. Section 9, Article 6252-13c.1, Revised Statutes, is
amended to read as follows:
(a) The duty to register ends on the 10th anniversary of the
date on which:
(1) the person ceases to be under the supervision of the Texas
Youth Commission,
(2) the person is discharged from the Texas Youth Commission
or the Texas Department of Criminal Justice, which ever date is
later, or
(3) the disposition if made or the person completes the terms
of the disposition if the person received a disposition that did
not include a commitment to the Texas Youth Commission. Language
is struck stating that the duty to register expires on the person's
21st birthday.
(b) The duty to register to register for a person with a
conviction ends on the 10th anniversary of the date on which the
person is released from the institutional division or the person
discharges parole or community supervision, whichever date is
later.
(c) The duty to register for a person with a conviction or
adjudication based on an order of deferred adjudication ends on the
tenth anniversary of the date on which:
(1) the court dismisses the criminal proceedings against the
person and discharges the person; or
(2) the person is released from the institutional division or
the person discharges parole or community supervision, if the court
proceeded to final adjudication in the case.
SECTION 8. Section 13(a), Article 42.18, Code of Criminal
Procedure, is amended as follows:
Subsection (a) Language is added stating that the director ,
or an agent of the director, shall issue a warrant for the return
of a person on parole or under mandatory supervision who is
required to register if there is reason to believe that the person
did not meet with registration requirements.
SECTION 9. Section 18, Article 42.18, Code of Criminal Procedure,
is amended as follows:
Subsection (a) language is added which excludes Subsection (b)
from CONFIDENTIAL INFORMATION
SECTION 10. Section 6, Article 6252-13c.1, Revised Statutes, is
repealed.
SECTION 11. This Act applies only to person convicted of an offense
after the effective date of the Act.
SECTION 12. Effective Date
SECTION 13. Emergency Clause
COMPARISON OF ORIGINAL TO SUBSTITUTE
The original does not include Section 5(F) and (G), which are
included in the substitute.
SECTION 2 of the original is absent in the substitute.
The intent of SECTION 3 of the original is placed in SECTION 2 of
the substitute. In the substitute, risk levels are assigned the
person who is subject to registration. SECTION 2 of the substitute
amends Section 3, Article 6252-13c.1, Revised Statutes to implement
these risk level and provide for registration of these individuals.
SECTION 4 of the original is changed slightly and moved to SECTION
3 in the original. The numeric risk level is included in the
notice that the local law enforcement authority will post.
SECTION 5 of the original is moved to SECTION 4 of the substitute.
SECTION 6 of the original is moved to SECTION 5 of the substitute.
SECTION 7 of the original required the offender to register as part
of a grant of community supervision. It is not present in the
substitute.
SECTION 8 of the original is not present in the substitute.
SECTION 9 of the original is moved to SECTION 8 in the substitute.
SECTION 10 in the original is moved to SECTIon 9 in the substitute.
The substitute adds some language in SECTIONS 6 and 7 to allow for
the expiration of the duty to register after the 10th anniversary
of the date upon which the person is released from the institution
or community supervision.
SUMMARY OF COMMITTEE ACTION
HB 1379 was considered by the committee in a public hearing on
March 28, 1995.
The following people testified for 1379:
Sara McCannon, representing herself; Robert Carreiro, representing
Justice for All and Parents of Murdered Children.
The following people testified on 1379:
Dimitria Pope, representing the Texas Department of Criminal
Justice; Melinda Bozarth, representing the Texas Department of
Criminal Justice; Megan Mills, representing Senator Florence
Shapiro's office; Eliza May, representing the Council on Sex
Offender Treatment.
The bill was left pending.
HB 1379 was considered by the committee in a public hearing on
April 11, 1995.
The committee considered a complete substitute for the bill. The
substitute was adopted without objection.
The bill was reported favorably as substituted with the
recommendation that it do pass and be printed, by a record vote of
6 ayes, 0 nays, 0 pnv, 3 absent.