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.