By Brown S.B. No. 36
74R324 NSC-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the registration of sexual offenders; providing a
1-3 criminal penalty.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 1, Article 6252-13c.1, Revised Statutes,
1-6 is amended by amending Subdivisions (3) and (5) and adding
1-7 Subdivision (6) to read as follows:
1-8 (3) "Penal institution" means the institutional
1-9 division of the Texas Department of Criminal Justice, the Texas
1-10 Youth Commission, or a county jail.
1-11 (5) "Reportable conviction or adjudication" means:
1-12 (A) a conviction for violation of Section 21.11
1-13 (Indecency with a child), 22.011 (Sexual assault), 22.021
1-14 (Aggravated sexual assault), 25.02 (Prohibited sexual
1-15 conduct) <(Incest)>, Penal Code;
1-16 (B) a conviction for violation of Section 43.25
1-17 (Sexual performance by a child) or 43.26 (Possession or promotion
1-18 of child pornography), Penal Code;
1-19 (C) the fourth conviction for a violation of
1-20 Section 21.08 (Indecent exposure), Penal Code;
1-21 (D) an adjudication of delinquent conduct based
1-22 on a violation of one of the offenses listed in Paragraph (A) or
1-23 (B) of this subdivision or for which four violations of the
1-24 offenses listed in Paragraph (C) of this subdivision are shown;
2-1 <or>
2-2 (E) a deferred adjudication for an offense
2-3 listed in Paragraph (A) or (B) of this subdivision;
2-4 (F) a conviction under the laws of the United
2-5 States or another state for an offense containing elements that are
2-6 substantially similar to the elements of an offense listed under
2-7 Paragraph (A) or (B) of this subdivision; or
2-8 (G) the fourth conviction under the laws of the
2-9 United States or another state for an offense containing elements
2-10 that are substantially similar to the elements of the offense of
2-11 indecent exposure.
2-12 (6) "DNA" means deoxyribonucleic acid.
2-13 SECTION 2. Section 2, Article 6252-13c.1, Revised Statutes,
2-14 is amended by amending Subsections (a) and (b) and by adding
2-15 Subsections (d) and (e) to read as follows:
2-16 (a) A person who has a reportable conviction or adjudication
2-17 shall register with the local law enforcement authority in any
2-18 municipality where the person resides or intends to reside for more
2-19 than seven days or, if the person does not reside or intend to
2-20 reside in a municipality, in any county where the person resides or
2-21 intends to reside for more than seven days. The person shall
2-22 register not later than the seventh day after the person's arrival
2-23 in the municipality or county unless the municipality or county is
2-24 listed as the expected residence by the person in the registration
2-25 information provided to a penal institution or court under Section
2-26 3 of this article.
2-27 (b) The department shall provide the pardons and paroles
3-1 division of the Texas Department of Criminal Justice and each local
3-2 law enforcement authority, community supervision and corrections
3-3 department, and court with a form for registering persons required
3-4 by this article to register. The registration form shall require:
3-5 (1) the person's full name, each alias, date of birth,
3-6 sex, race, height, weight, eye color, hair color, social security
3-7 number, driver's license number, photograph, fingerprints, and home
3-8 address, including zip code;
3-9 (2) the type of offense the person was convicted of,
3-10 the date of conviction, and the punishment received; and
3-11 (3) any other information required by the department.
3-12 (d) On the day a court pronounces a sentence of
3-13 imprisonment, deferred adjudication, community supervision,
3-14 juvenile probation, fine only, or other disposition for a person
3-15 who is subject to registration under this article, the court shall:
3-16 (1) inform the person of the person's duty to register
3-17 under this article and require the person to sign a written
3-18 statement that the person was informed of the duty, or if the
3-19 person refuses to sign the statement, certify that the person was
3-20 informed of the duty;
3-21 (2) complete the registration form for the person and
3-22 send the form to the department and:
3-23 (A) if the person is sentenced to a penal
3-24 institution and imposition of sentence is not suspended, to the
3-25 penal institution; or
3-26 (B) if the person is sentenced to a penal
3-27 institution and the imposition of sentence is suspended or the
4-1 person receives other disposition, the local law enforcement
4-2 authority in the municipality or unincorporated area of the county
4-3 in which the person expects to reside; and
4-4 (3) order the person to provide a blood sample to the
4-5 department for the purpose of DNA analysis.
4-6 (e) If under Article 42.11, Code of Criminal Procedure, a
4-7 person is placed under the supervision of the pardons and paroles
4-8 division of the Texas Department of Criminal Justice or a community
4-9 supervision and corrections department, and the division or the
4-10 community supervision and corrections department knows that the
4-11 person has a reportable conviction for an offense described under
4-12 Section 1(5)(F) or (G) of this article, the division or community
4-13 supervision and corrections department shall notify the person of
4-14 the person's duty to register under this article and complete
4-15 registration requirements specified in Subsections (d)(1) and (2)
4-16 of this section on the date the person is placed under the
4-17 supervision of the division or community supervision and
4-18 corrections department.
4-19 SECTION 3. Section 3, Article 6252-13c.1, Revised Statutes,
4-20 is amended to read as follows:
4-21 Sec. 3. Prerelease notification. <(a)> At least 30 days,
4-22 but not earlier than 90 days, before a person who will be subject
4-23 to registration under this article is due to be released from a
4-24 penal institution, an official of the penal institution shall:
4-25 (1) <inform the person of the person's duty to
4-26 register under this article and require the person to sign a
4-27 written statement that the person was so informed or, if the person
5-1 refuses to sign the statement, certify that the person was so
5-2 informed;>
5-3 <(2)> obtain the address where the person expects to
5-4 reside on the person's release;
5-5 (2) inform the department of the person's new address
5-6 and release date; and
5-7 (3) complete the registration form for the person and
5-8 send the form to <inform the department and> the applicable local
5-9 law enforcement authority in the municipality or unincorporated
5-10 area of the county in which the person expects to reside and inform
5-11 the authority of the person's release date <of the person's name,
5-12 release date, new address, and the offense of which the person was
5-13 convicted>.
5-14 <(b) If a person who is subject to registration under this
5-15 article receives an order deferring adjudication, probation, or
5-16 only a fine, the court pronouncing the order or sentence shall
5-17 conduct the prerelease notification specified in Subsection (a) of
5-18 this section on the day of entering the order or sentencing.>
5-19 SECTION 4. Section 5, Article 6252-13c.1, Revised Statutes,
5-20 is amended by amending Subsection (a) and adding Subsection (c) to
5-21 read as follows:
5-22 (a) A person who releases the information required for
5-23 registration under this article or DNA record information obtained
5-24 under this article to a person other than a full-time, fully paid,
5-25 employed law enforcement officer commits an offense.
5-26 (c) It is an exception to the application of Subsection (a)
5-27 of this section that the actor was an employee of the department
6-1 who released on request to another person only the following
6-2 information:
6-3 (1) the number of registered sexual offenders residing
6-4 within a zip code or other geographical area; and
6-5 (2) the types of offenses the offenders committed.
6-6 SECTION 5. Section 8(a), Article 6252-13c.1, Revised
6-7 Statutes, is amended to read as follows:
6-8 (a) This article applies only to a reportable conviction or
6-9 adjudication:
6-10 (1) occurring on or after:
6-11 (A) September 1, 1991, if the conviction is for
6-12 or the adjudication is based on an offense listed in Section
6-13 1(5)(A) or (C) of this article; <or>
6-14 (B) September 1, 1993, if the conviction is for
6-15 or the adjudication is based on an offense listed in Section
6-16 1(5)(B) of this article; or
6-17 (C) September 1, 1995, if the conviction is for
6-18 an offense described under Section 1(5)(F) or (G) of this article;
6-19 or
6-20 (2) for which an order of deferred adjudication is
6-21 entered by the court on or after September 1, 1993.
6-22 SECTION 6. Section 9, Article 6252-13c.1, Revised Statutes,
6-23 is amended to read as follows:
6-24 Sec. 9. EXPIRATION OF DUTY TO REGISTER. (a) The duty to
6-25 register for a person with a reportable adjudication, other than an
6-26 adjudication for a violation of Section 21.11(a)(1), 22.021, or
6-27 43.25, Penal Code, ends on the person's 26th <21st> birthday.
7-1 (b) The duty to register for a person with a reportable
7-2 conviction, other than a conviction for a violation of Section
7-3 21.11(a)(1), 22.021, or 43.25, Penal Code, ends on the fifth
7-4 anniversary of the date <day that> the person discharges parole or
7-5 community supervision <probation>.
7-6 (c) The duty to register for a person with a reportable
7-7 conviction or adjudication based on an order of deferred
7-8 adjudication under Section 1(5)(E) of this Act, other than an order
7-9 of deferred adjudication for a violation of Section 21.11(a)(1),
7-10 22.021, or 43.25, Penal Code, ends on the fifth anniversary of the
7-11 date:
7-12 (1) the court dismisses the criminal proceedings
7-13 against the person and discharges the person; or
7-14 (2) the person discharges parole or community
7-15 supervision <probation>, if the court proceeds to final
7-16 adjudication in the case.
7-17 SECTION 7. Article 6252-13c.1, Revised Statutes, is amended
7-18 by adding Section 10 to read as follows:
7-19 Sec. 10. DNA RECORDS. (a) The department by rule shall
7-20 adopt procedures for the collection, preservation, shipment,
7-21 storage, and analysis of blood samples of persons required to
7-22 provide a sample under Section 2(d) of this article.
7-23 (b) The department shall designate sites for the collection
7-24 of blood samples under this article. The department shall provide
7-25 the equipment and instructions necessary to obtain the samples.
7-26 The samples must be collected in a medically approved manner by
7-27 qualified persons.
8-1 (c) The department shall perform a DNA analysis of the blood
8-2 samples collected under this article and maintain DNA records of
8-3 the samples.
8-4 SECTION 8. Section 51.15, Family Code, is amended by
8-5 amending Subsections (a) and (b) and adding Subsection (j) to read
8-6 as follows:
8-7 (a) No child may be fingerprinted without the consent of the
8-8 juvenile court except as provided by this subsection or by
8-9 Subsections (f), <and> (i), and (j) of this section. A child's
8-10 fingerprints may be taken and filed by a law-enforcement officer
8-11 investigating a case if:
8-12 (1) the child is 15 years of age or older and is
8-13 referred to the juvenile court for any felony; or
8-14 (2) the child is under 15 years of age and is referred
8-15 to the juvenile court for a felony listed in Section 53.045(a) of
8-16 this code.
8-17 (b) Except as provided in Subsections (h), <and> (i), and
8-18 (j) of this section, no child taken into custody may be
8-19 photographed without the consent of the juvenile court unless:
8-20 (1) the child is 15 years of age or older and is
8-21 referred to the juvenile court for a felony; or
8-22 (2) the child is under 15 years of age and is referred
8-23 to the juvenile court for a felony listed in Section 53.045(a) of
8-24 this code.
8-25 (j) A law enforcement officer may fingerprint and photograph
8-26 a child required to register under Article 6252-13c.1, Revised
8-27 Statutes.
9-1 SECTION 9. Section 6, Article 6252-13c.1, Revised Statutes,
9-2 is repealed.
9-3 SECTION 10. (a) Except as provided by Subsection (b), the
9-4 change in law made by this Act applies only to a reportable
9-5 conviction or adjudication as defined by Article 6252-13c.1,
9-6 Revised Statutes, that occurs on or after the effective date of
9-7 this Act or to an order of deferred adjudication for a person
9-8 required to register under that article that is entered by the
9-9 court on or after the effective date of this Act. A reportable
9-10 conviction or adjudication that occurs before the effective date of
9-11 this Act or an order of deferred adjudication that is entered
9-12 before the effective date of this Act is covered by the law in
9-13 effect when the conviction or adjudication occurred or the order
9-14 was entered, and the former law is continued in effect for that
9-15 purpose.
9-16 (b) The duty of the Department of Public Safety to destroy
9-17 registration information of a person under Section 6, Article
9-18 6252-13c.1, Revised Statutes, applies only to a person with a
9-19 reportable adjudication who has reached the age of 21 before the
9-20 effective date of this Act. The expiration of the duty of a person
9-21 to register under Section 9, Article 6252-13c.1, Revised Statutes,
9-22 applies only to a person whose duty to register has expired under
9-23 that section before the effective date of this Act.
9-24 SECTION 11. This Act takes effect September 1, 1995.
9-25 SECTION 12. The importance of this legislation and the
9-26 crowded condition of the calendars in both houses create an
9-27 emergency and an imperative public necessity that the
10-1 constitutional rule requiring bills to be read on three several
10-2 days in each house be suspended, and this rule is hereby suspended.