By: Brown S.B. No. 36
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the registration of sex offenders; providing a criminal
1-2 penalty.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 2, Article 6252-13c.1, Revised Statutes,
1-5 is amended by amending Subsections (a) and (b) and by adding
1-6 Subsection (d) to read as follows:
1-7 (a) A person who has a reportable conviction or adjudication
1-8 shall register or verify registration with the local law
1-9 enforcement authority in any municipality where the person resides
1-10 or intends to reside for more than seven days. If <or, if> the
1-11 person does not reside or intend to reside in a municipality, the
1-12 person shall register or verify registration in any county where
1-13 the person resides or intends to reside for more than seven days.
1-14 The person shall satisfy the requirements of this subsection
1-15 <register> not later than the seventh day after the person's
1-16 arrival in the municipality or county.
1-17 (b) The department shall provide the Texas Department of
1-18 Criminal Justice, the Texas Youth Commission, the Texas Juvenile
1-19 Probation Commission, each local law enforcement authority, and the
1-20 court with a form for registering persons required by this article
1-21 to register. The registration form shall require:
1-22 (1) the person's full name, each alias, date of birth,
1-23 sex, race, height, weight, eye color, hair color, social security
1-24 number, driver's license number, and home address;
2-1 (2) the type of offense the person was convicted of,
2-2 the date of conviction, and the punishment received; and
2-3 (3) any other information required by the department.
2-4 (d) On the day a court pronounces a sentence of
2-5 imprisonment, deferred adjudication, community supervision,
2-6 juvenile probation, fine only, or other disposition for a person
2-7 who is subject to registration under this article, the court shall:
2-8 (1) inform the person of the person's duty to register
2-9 under this article and require the person to sign a written
2-10 statement that the person was informed of the duty or, if the
2-11 person refuses to sign the statement, certify that the person was
2-12 informed of the duty;
2-13 (2) complete the registration form for the person and
2-14 send the form to the department and:
2-15 (A) if the person is sentenced to a penal
2-16 institution and imposition of sentence is not suspended, to the
2-17 penal institution; or
2-18 (B) if the person is sentenced to a penal
2-19 institution and the imposition of the sentence is suspended or the
2-20 person receives other disposition, to the local law enforcement
2-21 authority in the municipality or unincorporated area of the county
2-22 in which the person expects to reside.
2-23 SECTION 2. Section 9, Article 6252-13c.1, Revised Statutes,
2-24 is amended to read as follows:
2-25 Sec 9. EXPIRATION OF DUTY TO REGISTER. (a) The duty to
2-26 register for a person with a reportable adjudication, other than an
2-27 adjudication for a violation of Section 21.11(a)(1), 22.021, or
3-1 43.25, Penal Code, ends on the person's 26th <21st> birthday.
3-2 (b) The duty to register for a person with a reportable
3-3 conviction, other than a conviction for a violation of Section
3-4 21.11(a)(1), 22.021, or 43.25, Penal Code, ends on the fifth
3-5 anniversary of the date <day that> the person discharges parole or
3-6 community supervision <probation>.
3-7 (c) The duty to register for a person with a reportable
3-8 conviction or adjudication based on an order of deferred
3-9 adjudication under Section 1(5)(E) of this Act, other than an order
3-10 of deferred adjudication for a violation of Section 21.11(a)(1),
3-11 22.021, or 43.25, Penal Code, ends on the fifth anniversary of the
3-12 date:
3-13 (1) the court dismisses the criminal proceedings
3-14 against the person and discharges the person; or
3-15 (2) the person discharges parole or community
3-16 supervision <probation>, if the court proceeds to final
3-17 adjudication in the case.
3-18 SECTION 3. The change in law made by this Act applies only
3-19 to a reportable conviction or adjudication as defined by Article
3-20 6252-13c.1, Revised Statutes, that occurs on or after the effective
3-21 date of this Act or to an order of deferred adjudication for a
3-22 person required to register under that article that is entered by
3-23 the court on or after the effective date of this Act. A reportable
3-24 conviction or adjudication that occurs before the effective date of
3-25 this Act or an order of deferred adjudication that is entered
3-26 before the effective date of this Act is covered by the law in
3-27 effect when the conviction or adjudication occurred or the order
4-1 was entered, and the former law is continued in effect for that
4-2 purpose.
4-3 SECTION 4. This Act takes effect September 1, 1995.
4-4 SECTION 5. The importance of this legislation and the
4-5 crowded condition of the calendars in both houses create an
4-6 emergency and an imperative public necessity that the
4-7 constitutional rule requiring bills to be read on three several
4-8 days in each house be suspended, and this rule is hereby suspended.