H.B. No. 1379
1-1 AN ACT
1-2 relating to the registration, release, and supervision of sexual
1-3 offenders.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 2, Article 6252-13c.1, Revised Statutes,
1-6 is amended by amending Subsections (a) and (b) and by adding
1-7 Subsection (d) to read as follows:
1-8 (a) A person who has a reportable conviction or adjudication
1-9 shall register or verify registration with the local law
1-10 enforcement authority in any municipality where the person resides
1-11 or intends to reside for more than seven days. If <or, if> the
1-12 person does not reside or intend to reside in a municipality, the
1-13 person shall register or verify registration in any county where
1-14 the person resides or intends to reside for more than seven days.
1-15 The person shall satisfy the requirements of this subsection
1-16 <register> not later than the seventh day after the person's
1-17 arrival in the municipality or county.
1-18 (b) The department shall provide the Texas Department of
1-19 Criminal Justice, the Texas Youth Commission, the Texas Juvenile
1-20 Probation Commission, and each local law enforcement authority and
1-21 court with a form for registering persons required by this article
1-22 to register. The registration form shall require:
1-23 (1) the person's full name, each alias, date of birth,
1-24 sex, race, height, weight, eye color, hair color, social security
2-1 number, driver's license number, and home address;
2-2 (2) the type of offense the person was convicted of,
2-3 the date of conviction, and the punishment received; and
2-4 (3) any other information required by the department.
2-5 (d) On the day a court pronounces a sentence of
2-6 imprisonment, deferred adjudication, community supervision,
2-7 juvenile probation, fine only, or other disposition for a person
2-8 who is subject to registration under this article, the court shall:
2-9 (1) inform the person of the person's duty to register
2-10 under this article and require the person to sign a written
2-11 statement that the person was informed of the duty, or if the
2-12 person refuses to sign the statement, certify that the person was
2-13 informed of the duty;
2-14 (2) complete the registration form for the person and
2-15 send the form to the department and:
2-16 (A) if the person is sentenced to a penal
2-17 institution and imposition of sentence is not suspended, to the
2-18 penal institution; or
2-19 (B) if the person is sentenced to a penal
2-20 institution and the imposition of the sentence is suspended or the
2-21 person receives other disposition, to the local law enforcement
2-22 authority in the municipality or unincorporated area of the county
2-23 in which the person expects to reside.
2-24 SECTION 2. Section 9, Article 6252-13c.1, Revised Statutes,
2-25 is amended to read as follows:
2-26 Sec. 9. EXPIRATION OF DUTY TO REGISTER. (a) The duty to
2-27 register for a person with a reportable adjudication under Section
3-1 1(5)(D) of this article ends on the 10th anniversary of the date on
3-2 which:
3-3 (1) the person ceases to be under the supervision of
3-4 the Texas Youth Commission, if the person was committed to the
3-5 Texas Youth Commission other than under a determinate sentence;
3-6 (2) the person is discharged from the Texas Youth
3-7 Commission or the Texas Department of Criminal Justice, whichever
3-8 date is later, if the person was committed to the Texas Youth
3-9 Commission under a determinate sentence; or
3-10 (3) the disposition is made or the person completes
3-11 the terms of the disposition, whichever date is later, if the
3-12 person received a disposition that did not include a commitment to
3-13 the Texas Youth Commission <person's 21st birthday>.
3-14 (b) The duty to register for a person with a reportable
3-15 conviction, other than a conviction for a violation of Section
3-16 21.11(a)(1), 22.021, or 43.25, Penal Code, ends on the 10th
3-17 anniversary of the date on which the person is released from the
3-18 institutional division of the Texas Department of Criminal Justice
3-19 or <day that> the person discharges parole or community
3-20 supervision, whichever date is later <probation>.
3-21 (c) The duty to register for a person with a reportable
3-22 conviction or adjudication based on an order of deferred
3-23 adjudication under Section 1(5)(E) of this article, other than an
3-24 order of deferred adjudication for a violation of Section
3-25 21.11(a)(1), 22.021, or 43.25, Penal Code, <Act> ends on the 10th
3-26 anniversary of the date on which:
3-27 (1) the court dismisses the criminal proceedings
4-1 against the person and discharges the person; or
4-2 (2) the person is released from the institutional
4-3 division of the Texas Department of Criminal Justice or the person
4-4 discharges parole or community supervision <probation>, if the
4-5 court proceeded <proceeds> to final adjudication in the case.
4-6 SECTION 3. The change in law made by this Act applies only
4-7 to a reportable conviction or adjudication as defined by Article
4-8 6252-13c.1, Revised Statutes, that occurs on or after the effective
4-9 date of this Act or to an order of deferred adjudication for a
4-10 person required to register under that article that is entered by
4-11 the court on or after the effective date of this Act. A reportable
4-12 conviction or adjudication that occurs before the effective date of
4-13 this Act or an order of deferred adjudication that is entered
4-14 before the effective date of this Act is covered by the law in
4-15 effect when the conviction or adjudication occurred or the order
4-16 was entered, and the former law is continued in effect for that
4-17 purpose.
4-18 SECTION 4. This Act takes effect September 1, 1995.
4-19 SECTION 5. The importance of this legislation and the
4-20 crowded condition of the calendars in both houses create an
4-21 emergency and an imperative public necessity that the
4-22 constitutional rule requiring bills to be read on three several
4-23 days in each house be suspended, and this rule is hereby suspended.