1-1  By:  Brown                                              S.B. No. 36
    1-2        (In the Senate - Filed November 14, 1994; January 10, 1995,
    1-3  read first time and referred to Committee on Criminal Justice;
    1-4  March 21, 1995, reported adversely, with favorable Committee
    1-5  Substitute by the following vote:  Yeas 7, Nays 0; March 21, 1995,
    1-6  sent to printer.)
    1-7  COMMITTEE SUBSTITUTE FOR S.B. No. 36                     By:  Brown
    1-8                         A BILL TO BE ENTITLED
    1-9                                AN ACT
   1-10  relating to the registration of sex offenders; providing a criminal
   1-11  penalty.
   1-12        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-13        SECTION 1.  Section 2, Article 6252-13c.1, Revised Statutes,
   1-14  is amended by amending Subsections (a) and (b) and by adding
   1-15  Subsection (d) to read as follows:
   1-16        (a)  A person who has a reportable conviction or adjudication
   1-17  shall register or verify registration with the local law
   1-18  enforcement authority in any municipality where the person resides
   1-19  or intends to reside for more than seven days.  If <or, if> the
   1-20  person does not reside or intend to reside in a municipality, the
   1-21  person shall register or verify registration in any county where
   1-22  the person resides or intends to reside for more than seven days.
   1-23  The person shall satisfy the requirements of this subsection
   1-24  <register> not later than the seventh day after the person's
   1-25  arrival in the municipality or county.
   1-26        (b)  The department shall provide the Texas Department of
   1-27  Criminal Justice, the Texas Youth Commission, the Texas Juvenile
   1-28  Probation Commission, each local law enforcement authority, and the
   1-29  court with a form for registering persons required by this article
   1-30  to register.  The registration form shall require:
   1-31              (1)  the person's full name, each alias, date of birth,
   1-32  sex, race, height, weight, eye color, hair color, social security
   1-33  number, driver's license number, and home address;
   1-34              (2)  the type of offense the person was convicted of,
   1-35  the date of conviction, and the punishment received; and
   1-36              (3)  any other information required by the department.
   1-37        (d)  On the day a court pronounces a sentence of
   1-38  imprisonment, deferred adjudication, community supervision,
   1-39  juvenile probation, fine only, or other disposition for a person
   1-40  who is subject to registration under this article, the court shall:
   1-41              (1)  inform the person of the person's duty to register
   1-42  under this article and require the person to sign a written
   1-43  statement that the person was informed of the duty or, if the
   1-44  person refuses to sign the statement, certify that the person was
   1-45  informed of the duty;
   1-46              (2)  complete the registration form for the person and
   1-47  send the form to the department and:
   1-48                    (A)  if the person is sentenced to a penal
   1-49  institution and imposition of sentence is not suspended, to the
   1-50  penal institution; or
   1-51                    (B)  if the person is sentenced to a penal
   1-52  institution and the imposition of the sentence is suspended or the
   1-53  person receives other disposition, to the local law enforcement
   1-54  authority in the municipality or unincorporated area of the county
   1-55  in which the person expects to reside.
   1-56        SECTION 2.  Section 9, Article 6252-13c.1, Revised Statutes,
   1-57  is amended to read as follows:
   1-58        Sec 9.  EXPIRATION OF DUTY TO REGISTER.  (a)  The duty to
   1-59  register for a person with a reportable adjudication, other than an
   1-60  adjudication for a violation of Section 21.11(a)(1), 22.021, or
   1-61  43.25, Penal Code, ends on the person's 26th <21st> birthday.
   1-62        (b)  The duty to register for a person with a reportable
   1-63  conviction, other than a conviction for a violation of Section
   1-64  21.11(a)(1), 22.021, or 43.25, Penal Code, ends on the fifth
   1-65  anniversary of the date <day that> the person discharges parole or
   1-66  community supervision <probation>.
   1-67        (c)  The duty to register for a person with a reportable
   1-68  conviction or adjudication based on an order of deferred
    2-1  adjudication under Section 1(5)(E) of this Act, other than an order
    2-2  of deferred adjudication for a violation of Section 21.11(a)(1),
    2-3  22.021, or 43.25, Penal Code, ends on the fifth anniversary of the
    2-4  date:
    2-5              (1)  the court dismisses the criminal proceedings
    2-6  against the person and discharges the person; or
    2-7              (2)  the person discharges parole or community
    2-8  supervision <probation>, if the court proceeds to final
    2-9  adjudication in the case.
   2-10        SECTION 3.  The change in law made by this Act applies only
   2-11  to a reportable conviction or adjudication as defined by Article
   2-12  6252-13c.1, Revised Statutes, that occurs on or after the effective
   2-13  date of this Act or to an order of deferred adjudication for a
   2-14  person required to register under that article that is entered by
   2-15  the court on or after the effective date of this Act.  A reportable
   2-16  conviction or adjudication that occurs before the effective date of
   2-17  this Act or an order of deferred adjudication that is entered
   2-18  before the effective date of this Act is covered by the law in
   2-19  effect when the conviction or adjudication occurred or the order
   2-20  was entered, and the former law is continued in effect for that
   2-21  purpose.
   2-22        SECTION 4.  This Act takes effect September 1, 1995.
   2-23        SECTION 5.  The importance of this legislation and the
   2-24  crowded condition of the calendars in both houses create an
   2-25  emergency and an imperative public necessity that the
   2-26  constitutional rule requiring bills to be read on three several
   2-27  days in each house be suspended, and this rule is hereby suspended.
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