By Shapiro S.B. No. 79
74R2061 PEP-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(5), Article 6252-13c.1, Revised
1-6 Statutes, is amended to read as follows:
1-7 (5) "Reportable conviction or adjudication" means:
1-8 (A) a conviction for violation of Section 21.11
1-9 (Indecency with a child), 22.011 (Sexual assault), 22.021
1-10 (Aggravated sexual assault), 25.02 (Incest), Penal Code;
1-11 (B) a conviction for violation of Section 43.25
1-12 (Sexual performance by a child) or 43.26 (Possession or promotion
1-13 of child pornography), Penal Code;
1-14 (C) the second <fourth> conviction for a
1-15 violation of Section 21.08 (Indecent exposure), Penal Code;
1-16 (D) an adjudication of delinquent conduct based
1-17 on a violation of one of the offenses listed in Paragraph (A) or
1-18 (B) of this subdivision or for which four violations of the
1-19 offenses listed in Paragraph (C) of this subdivision are shown;
1-20 <or>
1-21 (E) a deferred adjudication for an offense
1-22 listed in Paragraph (A) or (B) of this subdivision;
1-23 (F) a conviction for which the judgment contains
1-24 an affirmative finding under Article 42.015, Code of Criminal
2-1 Procedure;
2-2 (G) a conviction under the laws of another state
2-3 for an offense containing elements that are substantially similar
2-4 to the elements of an offense listed under Paragraph (A) or (B) of
2-5 this subdivision; or
2-6 (H) the second conviction under the laws of
2-7 another state for an offense containing elements that are
2-8 substantially similar to the elements of the offense of indecent
2-9 exposure.
2-10 SECTION 2. Section 2(b), Article 6252-13c.1, Revised
2-11 Statutes, is amended to read as follows:
2-12 (b) The department shall provide each local law enforcement
2-13 authority with a form for registering persons required by this
2-14 article to register. The registration form shall require:
2-15 (1) the person's full name, each alias, date of birth,
2-16 sex, race, height, weight, eye color, hair color, social security
2-17 number, driver's license number, shoe size, and home address;
2-18 (2) the type of offense the person was convicted of,
2-19 the date of conviction, and the punishment received; and
2-20 (3) any other information required by the department.
2-21 SECTION 3. Section 3(b), Article 6252-13c.1, Revised
2-22 Statutes, is amended to read as follows:
2-23 (b) If a person who is subject to registration under this
2-24 article receives an order deferring adjudication, community
2-25 supervision <probation>, or only a fine, the court pronouncing the
2-26 order or sentence shall conduct the prerelease notification
2-27 specified in Subsection (a) of this section on the day of entering
3-1 the order or sentencing.
3-2 SECTION 4. Section 4, Article 6252-13c.1, Revised Statutes,
3-3 is amended to read as follows:
3-4 Sec. 4. CHANGE OF ADDRESS. If a person required to register
3-5 changes address, the person shall provide written notice not later
3-6 than the seventh day before <after> the change to the local law
3-7 enforcement authority with whom the person last registered. Not
3-8 later than the third day after receipt of this notice, the local
3-9 law enforcement authority shall forward this information to the
3-10 department. If the person moves to a new municipality or county in
3-11 this state, the department shall inform the applicable local law
3-12 enforcement authority in the new area of the person's residence.
3-13 SECTION 5. Section 8(a), Article 6252-13c.1, Revised
3-14 Statutes, is amended to read as follows:
3-15 (a) This article applies only to a reportable conviction or
3-16 adjudication:
3-17 (1) occurring on or after:
3-18 (A) September 1, 1991, if the conviction is for
3-19 or the adjudication is based on an offense listed in Section
3-20 1(5)(A) or (C) of this article; <or>
3-21 (B) September 1, 1993, if the conviction is for
3-22 or the adjudication is based on an offense listed in Section
3-23 1(5)(B) of this article; or
3-24 (C) September 1, 1995, if the conviction is for
3-25 an offense described under Section 1(5)(F), (G), or (H) of this
3-26 article; or
3-27 (2) for which an order of deferred adjudication is
4-1 entered by the court on or after September 1, 1993.
4-2 SECTION 6. Chapter 42, Code of Criminal Procedure, is
4-3 amended by adding Article 42.015 to read as follows:
4-4 Art. 42.015. FINDING OF SEXUAL MOTIVATION. In the trial of
4-5 an offense, the court shall make an affirmative finding of fact and
4-6 enter the affirmative finding in the judgment in the case if the
4-7 court determines that the defendant committed the offense with an
4-8 intent to arouse or gratify the sexual desire of:
4-9 (1) the defendant, if at the time of the offense the
4-10 object of the desire was a person younger than 17 years of age; or
4-11 (2) any person who at the time of the offense was
4-12 younger than 17 years of age.
4-13 SECTION 7. Article 42.01, Code of Criminal Procedure, is
4-14 amended by adding Section 7 to read as follows:
4-15 Sec. 7. In addition to the information described by Section
4-16 1, the judgment should reflect affirmative findings entered
4-17 pursuant to Article 42.015.
4-18 SECTION 8. Section 6, Article 6252-13c.1, Revised Statutes,
4-19 is repealed.
4-20 SECTION 9. (a) Except as provided by Subsection (b), the
4-21 change in law made by this Act applies only to a reportable
4-22 conviction or adjudication as defined by Article 6252-13c.1,
4-23 Revised Statutes, that occurs on or after the effective date of
4-24 this Act or to an order of deferred adjudication for a person
4-25 required to register under that article that is entered by the
4-26 court on or after the effective date of this Act. A reportable
4-27 conviction or adjudication that occurs before the effective date of
5-1 this Act or an order of deferred adjudication that is entered
5-2 before the effective date of this Act is covered by the law in
5-3 effect when the conviction or adjudication occurred or the order
5-4 was entered, and the former law is continued in effect for that
5-5 purpose.
5-6 (b) The duty of the Department of Public Safety to destroy
5-7 registration information of a person under Section 6, Article
5-8 6252-13c.1, Revised Statutes, applies only to a person with a
5-9 reportable adjudication who has reached the age of 21 before the
5-10 effective date of this Act.
5-11 SECTION 10. (a) The change in law made by Sections 6 and 7
5-12 of this Act applies only to an offense committed on or after the
5-13 effective date of this Act. For purposes of this section, an
5-14 offense is committed before the effective date of this Act if any
5-15 element of the offense occurs before the effective date.
5-16 (b) An offense committed before the effective date of this
5-17 Act is covered by the law in effect when the offense was committed,
5-18 and the former law is continued in effect for that purpose.
5-19 SECTION 11. This Act takes effect September 1, 1995.
5-20 SECTION 12. The importance of this legislation and the
5-21 crowded condition of the calendars in both houses create an
5-22 emergency and an imperative public necessity that the
5-23 constitutional rule requiring bills to be read on three several
5-24 days in each house be suspended, and this rule is hereby suspended.