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.
2-28 * * * * *