1-1 By: Allen, Greenberg, et al. H.B. No. 1379
1-2 (Senate Sponsor - Brown)
1-3 (In the Senate - Received from the House May 12, 1995;
1-4 May 15, 1995, read first time and referred to Committee on Criminal
1-5 Justice; May 22, 1995, reported adversely, with favorable Committee
1-6 Substitute by the following vote: Yeas 5, Nays 0; May 22, 1995,
1-7 sent to printer.)
1-8 COMMITTEE SUBSTITUTE FOR H.B. No. 1379 By: Brown
1-9 A BILL TO BE ENTITLED
1-10 AN ACT
1-11 relating to the registration, release, and supervision of sexual
1-12 offenders.
1-13 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-14 SECTION 1. Section 2, Article 6252-13c.1, Revised Statutes,
1-15 is amended by amending Subsections (a) and (b) and by adding
1-16 Subsection (d) to read as follows:
1-17 (a) A person who has a reportable conviction or adjudication
1-18 shall register or verify registration with the local law
1-19 enforcement authority in any municipality where the person resides
1-20 or intends to reside for more than seven days. If <or, if> the
1-21 person does not reside or intend to reside in a municipality, the
1-22 person shall register or verify registration in any county where
1-23 the person resides or intends to reside for more than seven days.
1-24 The person shall satisfy the requirements of this subsection
1-25 <register> not later than the seventh day after the person's
1-26 arrival in the municipality or county.
1-27 (b) The department shall provide the Texas Department of
1-28 Criminal Justice, the Texas Youth Commission, the Texas Juvenile
1-29 Probation Commission, each local law enforcement authority, and
1-30 court with a form for registering persons required by this article
1-31 to register. The registration form shall require:
1-32 (1) the person's full name, each alias, date of birth, sex,
1-33 race, height, weight, eye color, hair color, social security
1-34 number, driver's license number, and home address;
1-35 (2) the type of offense the person was convicted of, the
1-36 date of conviction, and the punishment received; and
1-37 (3) any other information required by the department.
1-38 (d) On the day a court pronounces a sentence of
1-39 imprisonment, deferred adjudication, community supervision,
1-40 juvenile probation, fine only, or other disposition for a person
1-41 who is subject to registration under this article, the court shall:
1-42 (1) inform the person of the person's duty to register
1-43 under this article and require the person to sign a written
1-44 statement that the person was informed of the duty, or if the
1-45 person refuse to sign the statement, certify that the person was
1-46 informed of the duty;
1-47 (2) complete the registration form for the person and
1-48 send the form to the department and:
1-49 (A) if the person is sentenced to a penal
1-50 institution and imposition of sentence is not suspended, to the
1-51 penal institution; or
1-52 (B) if the person is sentenced to a penal
1-53 institution and the imposition of the sentence is suspended or the
1-54 person receives other disposition, the local law enforcement
1-55 authority in the municipality or unincorporated area of the county
1-56 in which the person expects to reside.
1-57 SECTION 2. Section 9, Article 6252-13c.1, Revised Statutes,
1-58 is amended to read as follows:
1-59 Sec. 9. EXPIRATION OF DUTY TO REGISTER. (a) The duty to
1-60 register for a person with a reportable adjudication under Section
1-61 1 (5) (D) of this article, ends on the 10th anniversary of the date
1-62 on which:
1-63 (1) the person ceases to be under the supervision of
1-64 the Texas Youth Commission, if the person was committed to the
1-65 Texas Youth Commission other than under a determinate sentence;
1-66 (2) the person is discharged from the Texas Youth
1-67 Commission or the Texas Department of Criminal Justice, whichever
1-68 date is later, if the person was committed to the Texas Youth
2-1 Commission under a determinate sentence; or
2-2 (3) the disposition is made or the person completes the
2-3 terms of the disposition, whichever date is later, if the person
2-4 received a disposition that did not include a commitment to the
2-5 Texas Youth Commission <person's 21st birthday>.
2-6 (b) The duty to register for a person with a reportable
2-7 conviction, other than a conviction for a violation of Section
2-8 21.11(a)(1), 22.021, or 43.25, Penal Code, ends on the 10th
2-9 anniversary of the date on which the person is released from the
2-10 institutional division of the Texas Department of Criminal Justice
2-11 or <day that> the person discharges parole or community
2-12 supervision, whichever date is later <probation>.
2-13 (c) The duty to register for a person with a reportable
2-14 conviction or adjudication based on an order of deferred
2-15 adjudication under Section 1(5)(E) of this article <Act>, other
2-16 than an order of deferred adjudication for a violation of Section
2-17 21.11(a)(1), 22.021, or 43.25, Penal Code, ends on the 10th
2-18 anniversary of the date on which:
2-19 (1) the court dismisses he criminal proceedings against the
2-20 person and discharges the person; or
2-21 (2) the person is released from the institutional division
2-22 of the Texas Department of Criminal Justice or the persons
2-23 discharges parole or community supervision <probation>, if the
2-24 court proceeded <proceeds> to final adjudication in the case.
2-25 SECTION 3. The change in law made by this Act apply only to
2-26 a reportable conviction or adjudication as defined by Article
2-27 6252-13c.1, Revised Statutes, that occurs on or after the effective
2-28 date of this Act or to an order of deferred adjudication for a
2-29 person required to register under that article that is entered by
2-30 the court on or after the effective date of this Act. A reportable
2-31 conviction or adjudication that occurs before the effective date of
2-32 this Act or an order of deferred adjudication that is entered
2-33 before the effective date of this Act is covered by the law in
2-34 effect when the conviction or adjudication occurred or the order
2-35 was entered, and the former law is continued in effect for that
2-36 purpose.
2-37 SECTION 4. This act takes effect September 1, 1995.
2-38 SECTION 5. The importance of this legislation and the
2-39 crowded condition of the calendars in both houses create an
2-40 emergency and an imperative public necessity that the
2-41 constitutional rule requiring bills to be read on three several
2-42 days in each house be suspended, and this rule is hereby suspended.
2-43 * * * * *