By: Shapiro, Sims S.B. No. 267
A BILL TO BE ENTITLED
AN ACT
1-1 relating to sex offender registration and public notification of
1-2 the release of a sex offender into the community; creating offenses
1-3 and providing criminal penalties.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subdivisions (3) and (5), Section 1, Article
1-6 6252-13c.1, Revised Statutes, are amended to read as follows:
1-7 (3) "Penal institution" means a confinement facility
1-8 operated by or under a contract with any <the institutional>
1-9 division of the Texas Department of Criminal Justice, a confinement
1-10 facility operated by or under contract with the Texas Youth
1-11 Commission, or a county jail.
1-12 (5) "Reportable conviction or adjudication" means:
1-13 (A) a conviction for violation of Section 21.11
1-14 (Indecency with a child), 22.011 (Sexual assault), 22.021
1-15 (Aggravated sexual assault), 25.02 (Prohibited sexual conduct)
1-16 <(Incest)>, Penal Code;
1-17 (B) a conviction for violation of Section 43.25
1-18 (Sexual performance by a child) or 43.26 (Possession or promotion
1-19 of child pornography), Penal Code;
1-20 (C) a conviction for a violation of Section
1-21 20.04(a)(4) (Aggravated kidnapping), Penal Code, if the defendant
1-22 committed the offense with intent to violate or abuse the victim
1-23 sexually;
1-24 (D) a conviction for a violation of Section
2-1 30.02 (Burglary), Penal Code, if the offense is punishable under
2-2 Subsection (d) of that section and the defendant committed the
2-3 offense with intent to commit a felony listed in Paragraph (A) or
2-4 (C) of this subdivision;
2-5 (E) the second <fourth> conviction for a
2-6 violation of Section 21.08 (Indecent exposure), Penal Code;
2-7 (F) a conviction for an attempt, conspiracy, or
2-8 solicitation, as defined by Chapter 15, Penal Code, to commit an
2-9 offense listed in Paragraph (A), (B), (C), or (D) of this
2-10 subdivision;
2-11 (G) <(D)> an adjudication of delinquent conduct
2-12 based on a violation of one of the offenses listed in Paragraph
2-13 (A), <or> (B), (C), (D), or (F) of this subdivision or for which
2-14 two <four> violations of the offenses listed in Paragraph (E) <(C)>
2-15 of this subdivision are shown; <or>
2-16 (H) <(E)> a deferred adjudication for an offense
2-17 listed in Paragraph (A), <or> (B), (C), (D), or (F) of this
2-18 subdivision;
2-19 (I) a conviction under the laws of another state
2-20 for an offense containing elements that are substantially similar
2-21 to the elements of an offense listed under Paragraph (A), (B), (C),
2-22 (D), or (F) of this subdivision; or
2-23 (J) the second conviction under the laws of
2-24 another state for an offense containing elements that are
2-25 substantially similar to the elements of the offense of indecent
2-26 exposure.
2-27 SECTION 2. Section 2, Article 6252-13c.1, Revised Statutes,
3-1 is amended by amending Subsections (a) and (b) and by adding
3-2 Subsections (d) and (e) to read as follows:
3-3 (a) A person who has a reportable conviction or adjudication
3-4 shall register or, if the person is a person for whom registration
3-5 is completed under this article, verify registration as provided by
3-6 Subsection (d) of this section, with the local law enforcement
3-7 authority in any municipality where the person resides or intends
3-8 to reside for more than seven days. If <or, if> the person does
3-9 not reside or intend to reside in a municipality, the person shall
3-10 register or verify registration in any county where the person
3-11 resides or intends to reside for more than seven days. The person
3-12 shall satisfy the requirements of this subsection <register> not
3-13 later than the seventh day after the person's arrival in the
3-14 municipality or county.
3-15 (b) The department shall provide the Texas Department of
3-16 Criminal Justice, the Texas Youth Commission, the Juvenile
3-17 Probation Commission, and each local law enforcement authority,
3-18 county jail, and court with a form for registering persons required
3-19 by this article to register. The registration form shall require:
3-20 (1) the person's full name, each alias, date of birth,
3-21 sex, race, height, weight, eye color, hair color, social security
3-22 number, driver's license number, shoe size, and home address;
3-23 (2) a photograph of the person and a complete set of
3-24 the person's fingerprints;
3-25 (3) the type of offense the person was convicted of,
3-26 the age of the victim, the date of conviction, and the punishment
3-27 received; and
4-1 (4) <(3)> any other information required by the
4-2 department.
4-3 (d) A person for whom registration is completed under this
4-4 article shall report to the applicable local law enforcement
4-5 authority to verify the information in the registration form
4-6 received by the authority under this article. The authority shall
4-7 require the person to produce proof of the person's identity and
4-8 residence before the authority gives the registration form to the
4-9 person for verification. If the information in the registration
4-10 form is accurate, the person shall verify registration by signing
4-11 the form. If the information is not accurate, the person shall
4-12 make any necessary corrections before signing the form.
4-13 (e) If a person subject to registration under this article
4-14 does not move to an intended residence by the end of the seventh
4-15 day after the date on which the person is released on community
4-16 supervision, parole, or mandatory supervision or the date on which
4-17 the person leaves a previous residence, the person shall:
4-18 (1) report to the community supervision and
4-19 corrections department officer or the parole officer supervising
4-20 the person by not later than the seventh day after the date on
4-21 which the person is released or the date on which the person leaves
4-22 a previous residence, as applicable, and provide the officer with
4-23 the address of the person's temporary residence; and
4-24 (2) continue to report to the person's supervising
4-25 officer not less than weekly during any period of time in which the
4-26 person has not moved to an intended residence and provide the
4-27 officer with the address of the person's temporary residence.
5-1 SECTION 3. Section 3, Article 6252-13c.1, Revised Statutes,
5-2 is amended to read as follows:
5-3 Sec. 3. Prerelease notification. (a) At least 30 days, but
5-4 not earlier than 90 days, before a person who will be subject to
5-5 registration under this article is due to be released from a penal
5-6 institution, an official of the penal institution shall:
5-7 (1) inform the person that:
5-8 (A) not later than the seventh day after the
5-9 date on which the person is released on community supervision,
5-10 parole, or mandatory supervision or the date on which the person
5-11 moves from a previous residence to a new residence in this state,
5-12 the person must:
5-13 (i) register or verify registration with
5-14 the local law enforcement authority in the municipality or county
5-15 in which the person intends to reside; or
5-16 (ii) if the person has not moved to an
5-17 intended residence, report to the community supervision and
5-18 corrections department officer or the parole officer supervising
5-19 the person;
5-20 (B) not later than the seventh day before the
5-21 date on which the person moves to a new residence in this state or
5-22 another state, the person must report in person to the local law
5-23 enforcement authority with whom the person last registered and to
5-24 the community supervision and corrections department officer or the
5-25 parole officer supervising the person; and
5-26 (C) not later than the 10th day after the date
5-27 on which the person arrives in another state in which the person
6-1 intends to reside, the person must register with the law
6-2 enforcement agency that is identified by the department as the
6-3 agency designated by that state to receive registration
6-4 information, if the other state has a registration requirement for
6-5 sex offenders;
6-6 (2) <of the person's duty to register under this
6-7 article and> require the person to sign a written statement that
6-8 the person was <so> informed of the person's duties as described by
6-9 Subdivision (1) of this subsection or, if the person refuses to
6-10 sign the statement, certify that the person was so informed;
6-11 (3) <(2)> obtain the address where the person expects
6-12 to reside on the person's release and other registration
6-13 information, including a photograph and complete set of
6-14 fingerprints; and
6-15 (4) complete the registration form for the person.
6-16 (b) On the seventh day before the date on which a person who
6-17 will be subject to registration under this article is due to be
6-18 released from a penal institution, an official of the penal
6-19 institution shall send the person's completed registration form to
6-20 <(3) inform> the department and to:
6-21 (1) the applicable local law enforcement authority in
6-22 the municipality or <unincorporated area of the> county in which
6-23 the person expects to reside, if the person expects to reside in
6-24 this state; or
6-25 (2) the law enforcement agency that is identified by
6-26 the department as the agency designated by another state to receive
6-27 registration information, if the person expects to reside in that
7-1 other state and that other state has a registration requirement for
7-2 sex offenders <of the person's name, release date, new address, and
7-3 the offense of which the person was convicted>.
7-4 (c) <(b)> If a person who is subject to registration under
7-5 this article receives an order deferring adjudication, community
7-6 supervision <probation>, or only a fine, the court pronouncing the
7-7 order or sentence shall conduct the prerelease notification and
7-8 registration requirements specified in <Subsection (a) of> this
7-9 section on the day of entering the order or sentencing.
7-10 (d) If a person who has a reportable conviction for an
7-11 offense described under Section 1(5)(I) or (J) of this article is
7-12 placed under the supervision of the pardons and paroles division of
7-13 the Texas Department of Criminal Justice or a community supervision
7-14 and corrections department under Article 42.11, Code of Criminal
7-15 Procedure, the division or community supervision and corrections
7-16 department shall conduct the prerelease notification and
7-17 registration requirements specified in this section on the date the
7-18 person is placed under the supervision of the division or community
7-19 supervision and corrections department.
7-20 (e) Not later than the eighth day after receiving a
7-21 registration form under Subsection (b), (c), or (d) of this
7-22 section, the local law enforcement authority shall verify the age
7-23 of the victim and the basis on which the person is subject to
7-24 registration under this article. If the victim is a child younger
7-25 than 17 years of age and the basis on which the person is subject
7-26 to registration is not an adjudication of delinquent conduct or a
7-27 deferred adjudication and is not a conviction for an offense under
8-1 Section 25.02, Penal Code, the authority shall immediately publish
8-2 notice in English and Spanish in at least one newspaper of general
8-3 circulation in the county in which the person subject to
8-4 registration intends to reside. The authority shall publish a
8-5 duplicate notice in the newspaper, with any necessary corrections,
8-6 during the week immediately following the week of initial
8-7 publication. If the victim is a child younger than 17 years of
8-8 age, regardless of the basis on which the person is subject to
8-9 registration, the authority shall immediately provide notice to the
8-10 superintendent of public schools of the school district in which
8-11 the person subject to registration intends to reside by mail to the
8-12 district office.
8-13 (f) The local law enforcement authority shall include in the
8-14 notice by publication in a newspaper the following information
8-15 only:
8-16 (1) the person's age and gender;
8-17 (2) a brief description of the offense for which the
8-18 person is subject to registration; and
8-19 (3) the municipality, street name, and zip code number
8-20 where the person intends to reside.
8-21 (g) The local law enforcement authority shall include in the
8-22 notice to the superintendent of public schools any information the
8-23 authority determines is necessary to protect the public, except:
8-24 (1) the person's social security number, driver's
8-25 license number, or telephone number; and
8-26 (2) any information that would identify the victim of
8-27 the offense for which the person is subject to registration.
9-1 SECTION 4. Section 4, Article 6252-13c.1, Revised Statutes,
9-2 is amended to read as follows:
9-3 Sec. 4. Change of address. (a) If a person required to
9-4 register intends to change <changes> address, the person shall,
9-5 <provide written notice> not later than the seventh day before
9-6 <after> the intended change, report in person to the local law
9-7 enforcement authority with whom the person last registered and to
9-8 the community supervision and corrections department officer or the
9-9 parole officer supervising the person and provide the authority and
9-10 the officer with the person's anticipated move date and new
9-11 address.
9-12 (b) Not later than the third day after receipt of notice
9-13 under Subsection (a) of this section, the person's community
9-14 supervision and corrections department officer or parole officer
9-15 shall forward the information provided under Subsection (a) of this
9-16 section to the local law enforcement authority with whom the person
9-17 last registered and, if the person intends to move to another
9-18 municipality or county in this state, to the applicable local law
9-19 enforcement authority in that municipality or county.
9-20 (c) If the person moves to another state that has a
9-21 registration requirement for sex offenders, the person shall, not
9-22 later than the 10th day after the date on which the person arrives
9-23 in the other state, register with the law enforcement agency that
9-24 is identified by the department as the agency designated by that
9-25 state to receive registration information.
9-26 (d) Not later than the third day after receipt of
9-27 information under Subsection (a) or (b) of this section, whichever
10-1 is earlier <this notice>, the local law enforcement authority shall
10-2 forward this information to the department and, if the person
10-3 intends to move to another municipality or county in this state, to
10-4 the applicable local law enforcement authority in that municipality
10-5 or county.
10-6 (e) If a person who reports to a local law enforcement
10-7 authority under Subsection (a) of this section does not move on or
10-8 before the anticipated move date or does not move to the new
10-9 address provided to the authority, the person shall:
10-10 (1) report to the local law enforcement authority with
10-11 whom the person last registered not later than the seventh day
10-12 after the anticipated move date and provide an explanation to the
10-13 authority regarding any changes in the anticipated move date and
10-14 intended residence; and
10-15 (2) report to the community supervision and
10-16 corrections department officer or the parole officer supervising
10-17 the person not less than weekly during any period in which the
10-18 person has not moved to an intended residence.
10-19 (f) If the person moves to another <a new> municipality or
10-20 county in this state, the department shall inform the applicable
10-21 local law enforcement authority in the new area of the person's
10-22 residence not later than the third day after the date on which the
10-23 department receives information under Subsection (a) of this
10-24 section. Not later than the eighth day after the date on which the
10-25 local law enforcement authority is informed under Subsection (a) of
10-26 this section or under this subsection, the authority shall verify
10-27 the age of the victim and the basis on which the person is subject
11-1 to registration under this article. If the victim is a child
11-2 younger than 17 years of age and the basis on which the person is
11-3 subject to registration is not an adjudication of delinquent
11-4 conduct or a deferred adjudication and is not a conviction for an
11-5 offense under Section 25.02, Penal Code, the authority shall
11-6 immediately publish notice in English and Spanish in at least one
11-7 newspaper of general circulation in the county in which the person
11-8 subject to registration intends to reside. The local law
11-9 enforcement authority shall publish a duplicate notice in the
11-10 newspaper, with any necessary corrections, during the week
11-11 immediately following the week of initial publication. If the
11-12 victim is a child younger than 17 years of age, regardless of the
11-13 basis on which the person is subject to registration, the authority
11-14 shall immediately provide notice to the superintendent of public
11-15 schools of the school district in which the person subject to
11-16 registration intends to reside by mail to the district office.
11-17 (g) The local law enforcement authority shall include in the
11-18 notice by publication in a newspaper the following information
11-19 only:
11-20 (1) the person's age and gender;
11-21 (2) a brief description of the offense for which the
11-22 person is subject to registration; and
11-23 (3) the municipality, street name, and zip code number
11-24 where the person intends to reside.
11-25 (h) The local law enforcement authority shall include in the
11-26 notice to the superintendent of public schools any information the
11-27 authority determines is necessary to protect the public, except:
12-1 (1) the person's social security number, driver's
12-2 license number, or telephone number; and
12-3 (2) any information that would identify the victim of
12-4 the offense for which the person is subject to registration.
12-5 (i) If the person moves to another state, the department
12-6 shall, immediately on receiving information under Subsection (d) of
12-7 this section:
12-8 (1) inform the law enforcement agency that is
12-9 designated by the other state to receive registration information,
12-10 if that state has a registration requirement for sex offenders; and
12-11 (2) send to the Federal Bureau of Investigation a copy
12-12 of the person's registration form, including the record of
12-13 conviction and a complete set of fingerprints.
12-14 SECTION 5. Article 6252-13c.1, Revised Statutes, is amended
12-15 by adding Section 4A to read as follows:
12-16 Sec. 4A. REMEDIES RELATED TO PUBLIC NOTICE. A person
12-17 subject to registration under this article may petition the
12-18 district court for injunctive relief to restrain a local law
12-19 enforcement authority from publishing notice in a newspaper as
12-20 required by Section 3 or Section 4 of this article. The court may
12-21 issue a temporary restraining order under this section before
12-22 notice is served and a hearing is held on the matter. After a
12-23 hearing on the matter, the court may grant any injunctive relief
12-24 warranted by the facts, including a restraining order or a
12-25 temporary or permanent injunction, if the person subject to
12-26 registration under this article proves by a preponderance of the
12-27 evidence specific facts indicating that newspaper publication under
13-1 Section 3 or Section 4 of this article would place the person's
13-2 health and well-being in immediate danger.
13-3 SECTION 6. Section 5, Article 6252-13c.1, Revised Statutes,
13-4 is amended to read as follows:
13-5 Sec. 5. CENTRAL DATABASE; PUBLIC <CONFIDENTIAL> INFORMATION.
13-6 (a) The department shall maintain a computerized central database
13-7 containing only the information required for registration under
13-8 this article.
13-9 (b) The information contained in the database is public
13-10 information, with the exception of the person's photograph or any
13-11 information:
13-12 (1) regarding the person's social security number,
13-13 driver's license number, numeric street address, or telephone
13-14 number; or
13-15 (2) that would identify the victim of the offense for
13-16 which the person is subject to registration.
13-17 (c) A local law enforcement authority shall release public
13-18 information described under Subsection (b) of this section to any
13-19 person who submits to the department a written request for the
13-20 information. The authority may charge the person a fee not to
13-21 exceed the amount reasonably necessary to cover the administrative
13-22 costs associated with the authority's release of information to the
13-23 person under this subsection. <A person who releases the
13-24 information required for registration under this article to a
13-25 person other than a full time, fully paid, employed law enforcement
13-26 officer commits an offense.>
13-27 <(b) An offense under this section is a Class B
14-1 misdemeanor.>
14-2 SECTION 7. Article 6252-13c.1, Revised Statutes, is amended
14-3 by adding Section 5A to read as follows:
14-4 Sec. 5A. IMMUNITY FOR RELEASE OF PUBLIC INFORMATION.
14-5 (a) The department, a penal institution, or a local law
14-6 enforcement authority may release to the public information
14-7 regarding a person required to register if the information is
14-8 public information under this article.
14-9 (b) An individual, agency, entity, or authority is not
14-10 liable under Chapter 101, Civil Practice and Remedies Code, or any
14-11 other law for damages arising from conduct authorized by Subsection
14-12 (a) of this section.
14-13 (c) For purposes of determining liability, the release or
14-14 withholding of information by an appointed or elected officer of an
14-15 agency, entity, or authority is a discretionary act.
14-16 SECTION 8. Subsection (a), Section 8, Article 6252-13c.1,
14-17 Revised Statutes, is amended to read as follows:
14-18 (a) This article applies only to a reportable conviction or
14-19 adjudication:
14-20 (1) occurring on or after:
14-21 (A) September 1, 1991, if the conviction is for
14-22 or the adjudication is based on an offense listed in Section
14-23 1(5)(A) <or (C)> of this article; <or>
14-24 (B) September 1, 1993, if the conviction is for
14-25 or the adjudication is based on an offense listed in Section
14-26 1(5)(B) of this article; or
14-27 (C) September 1, 1995, if the conviction is for
15-1 an offense described under Section 1(5)(C), (D), (E), (F), (I), or
15-2 (J) of this article; or
15-3 (2) for which an order of deferred adjudication is
15-4 entered by the court on or after September 1, 1993.
15-5 SECTION 9. Section 1, Article 42.01, Code of Criminal
15-6 Procedure, is amended to read as follows:
15-7 Sec. 1. A judgment is the written declaration of the court
15-8 signed by the trial judge and entered of record showing the
15-9 conviction or acquittal of the defendant. The sentence served
15-10 shall be based on the information contained in the judgment. The
15-11 judgment should reflect:
15-12 1. The title and number of the case;
15-13 2. That the case was called and the parties appeared,
15-14 naming the attorney for the state, the defendant, and the attorney
15-15 for the defendant, or, where a defendant is not represented by
15-16 counsel, that the defendant knowingly, intelligently, and
15-17 voluntarily waived the right to representation by counsel;
15-18 3. The plea or pleas of the defendant to the offense
15-19 charged;
15-20 4. Whether the case was tried before a jury or a jury
15-21 was waived;
15-22 5. The submission of the evidence, if any;
15-23 6. In cases tried before a jury that the jury was
15-24 charged by the court;
15-25 7. The verdict or verdicts of the jury or the finding
15-26 or findings of the court;
15-27 8. In the event of a conviction that the defendant is
16-1 adjudged guilty of the offense as found by the verdict of the jury
16-2 or the finding of the court, and that the defendant be punished in
16-3 accordance with the jury's verdict or the court's finding as to the
16-4 proper punishment;
16-5 9. In the event of conviction where death or any
16-6 punishment is assessed that the defendant be sentenced to death, a
16-7 term of confinement or community supervision, or to pay a fine, as
16-8 the case may be;
16-9 10. In the event of conviction where the imposition of
16-10 sentence is suspended and the defendant is placed on community
16-11 supervision, setting forth the punishment assessed, the length of
16-12 community supervision, and the conditions of community supervision;
16-13 11. In the event of acquittal that the defendant be
16-14 discharged;
16-15 12. The county and court in which the case was tried
16-16 and, if there was a change of venue in the case, the name of the
16-17 county in which the prosecution was originated;
16-18 13. The offense or offenses for which the defendant
16-19 was convicted;
16-20 14. The date of the offense or offenses and degree of
16-21 offense for which the defendant was convicted;
16-22 15. The term of sentence;
16-23 16. The date judgment is entered;
16-24 17. The date sentence is imposed;
16-25 18. The date sentence is to commence and any credit
16-26 for time served;
16-27 19. The terms of any order entered pursuant to Article
17-1 42.08 of this code that the defendant's sentence is to run
17-2 cumulatively or concurrently with another sentence or sentences;
17-3 20. The terms of any plea bargain;
17-4 21. Affirmative findings entered pursuant to
17-5 Subdivision (2) of Subsection (a) of Section 3g of Article 42.12 of
17-6 this code;
17-7 22. The terms of any fee payment ordered under
17-8 Articles 37.072 and 42.151 of this code;
17-9 23. The defendant's thumbprint taken in accordance
17-10 with Article 38.33 of this code;
17-11 24. In the event that the judge orders the defendant
17-12 to repay a reward or part of a reward under Articles 37.073 and
17-13 42.152 of this code, a statement of the amount of the payment or
17-14 payments required to be made;
17-15 25. In the event that the court orders restitution to
17-16 be paid to the victim, a statement of the amount of restitution
17-17 ordered and:
17-18 (A) the name of the victim and the permanent
17-19 mailing address of the victim at the time of the judgment; or
17-20 (B) if the court determines that the inclusion
17-21 of the victim's name and address in the judgment is not in the best
17-22 interest of the victim, the name and address of a person or agency
17-23 that will accept and forward restitution payments to the victim;
17-24 <and>
17-25 26. In the event that a presentence investigation is
17-26 required by Section 9(a), (b), (h), or (i), Article 42.12 of this
17-27 code, a statement that the presentence investigation was done
18-1 according to the applicable provision; and
18-2 27. In the event of conviction of an offense for which
18-3 registration as a sex offender is required under Article
18-4 6252-13c.1, Revised Statutes, a statement that the registration
18-5 requirement of that article applies to the defendant and a
18-6 statement of the age of the victim of the offense.
18-7 SECTION 10. Section 11, Article 42.12, Code of Criminal
18-8 Procedure, is amended by amending and revising Subsection (a), as
18-9 amended by Chapters 806 and 900, Acts of the 73rd Legislature,
18-10 1993, and by adding Subsection (e) to read as follows:
18-11 (a) The judge of the court having jurisdiction of the case
18-12 shall determine the conditions of community supervision and may, at
18-13 any time, during the period of community supervision alter or
18-14 modify the conditions as provided by Sections 10 and 22 of this
18-15 article. The judge may impose any reasonable condition that is
18-16 designed to protect or restore the community, protect or restore
18-17 the victim, or punish, rehabilitate, or reform the defendant.
18-18 Conditions of community supervision may include, but shall not be
18-19 limited to, the conditions that the defendant shall:
18-20 (1) Commit no offense against the laws of this State
18-21 or of any other State or of the United States;
18-22 (2) Avoid injurious or vicious habits;
18-23 (3) Avoid persons or places of disreputable or harmful
18-24 character;
18-25 (4) Report to the supervision officer as directed by
18-26 the judge or supervision officer and obey all rules and regulations
18-27 of the community supervision and corrections department;
19-1 (5) Permit the supervision officer to visit him at his
19-2 home or elsewhere;
19-3 (6) Work faithfully at suitable employment as far as
19-4 possible;
19-5 (7) Remain within a specified place;
19-6 (8) Pay his fine, if one be assessed, and all court
19-7 costs whether a fine be assessed or not, in one or several sums;
19-8 (9) Support his dependents;
19-9 (10) Participate, for a time specified by the judge in
19-10 any community-based program, including a community-service work
19-11 program under Section 16 of this article;
19-12 (11) Reimburse the county in which the prosecution was
19-13 instituted for compensation paid to appointed counsel for defending
19-14 him in the case, if counsel was appointed, or if he was represented
19-15 by a county-paid public defender, in an amount that would have been
19-16 paid to an appointed attorney had the county not had a public
19-17 defender;
19-18 (12) Remain under custodial supervision in a community
19-19 corrections facility, obey all rules and regulations of such
19-20 facility, and pay a percentage of his income to the facility for
19-21 room and board;
19-22 (13) Pay a percentage of his income to his dependents
19-23 for their support while under custodial supervision in a community
19-24 corrections facility;
19-25 (14) Submit to testing for alcohol or controlled
19-26 substances;
19-27 (15) Attend counseling sessions for substance abusers
20-1 or participate in substance abuse treatment services in a program
20-2 or facility approved or licensed by the Texas Commission on Alcohol
20-3 and Drug Abuse;
20-4 (16) <Register under Article 6252-13c.1, Revised
20-5 Statutes;>
20-6 <(17)> With the consent of the victim of a misdemeanor
20-7 offense or of any offense under Title 7, Penal Code, participate
20-8 in victim-defendant mediation;
20-9 (17) <(19)> Submit to electronic monitoring;
20-10 (18) <(20)> Reimburse the general revenue fund <crime
20-11 victims compensation fund created under the Crime Victims
20-12 Compensation Act (Article 8309-1, Vernon's Texas Civil Statutes)>
20-13 for any amounts paid under the Crime Victims' Compensation Act
20-14 (Subchapter B, Chapter 56, of this code) from that fund to a
20-15 victim, as defined by Article 56.01 of this code, of the
20-16 defendant's offense;
20-17 (19) <(21)> Reimburse a law enforcement agency for the
20-18 analysis, storage, or disposal of raw materials, controlled
20-19 substances, chemical precursors, drug paraphernalia, or other
20-20 materials seized in connection with the offense;
20-21 (20) <(22)> Pay all or part of the reasonable and
20-22 necessary costs incurred by the victim for psychological counseling
20-23 made necessary by the offense or for counseling and education
20-24 relating to acquired immune deficiency syndrome or human
20-25 immunodeficiency virus made necessary by the offense; and
20-26 (21) <(23)> Make one payment in an amount not to
20-27 exceed $50 to a local crime stoppers program as defined by Section
21-1 414.001, Government Code, and as certified by the Crime Stoppers
21-2 Advisory Council.
21-3 (e) A judge granting community supervision to a defendant
21-4 required to register as a sex offender under Article 6252-13c.1,
21-5 Revised Statutes, shall require the registration as a condition of
21-6 community supervision.
21-7 SECTION 11. Section 19, Article 42.12, Code of Criminal
21-8 Procedure, is amended by adding Subsection (g) to read as follows:
21-9 (g) If the judge places on community supervision a person
21-10 required to register as a sex offender under Article 6252-13c.1,
21-11 Revised Statutes, the judge shall require as a condition of
21-12 community supervision that the person pay to the person's
21-13 supervising officer a fee that equals the actual cost to the
21-14 applicable local law enforcement authority for providing notice for
21-15 publication to a newspaper as required by Article 6252-13c.1,
21-16 Revised Statutes. A community supervision and corrections
21-17 department shall remit fees collected under this subsection to the
21-18 applicable local law enforcement authority to reimburse the
21-19 authority for the actual cost incurred by the authority, as
21-20 evidenced by written receipt, for providing notice for publication
21-21 to a newspaper as required by Article 6252-13c.1, Revised Statutes.
21-22 In a community supervision revocation hearing at which it is
21-23 alleged only that the person violated the terms of community
21-24 supervision by failing to make a payment under this subsection, the
21-25 inability of the person to pay as ordered by the judge is an
21-26 affirmative defense to revocation, which the person must prove by a
21-27 preponderance of the evidence.
22-1 SECTION 12. Section 8, Article 42.18, Code of Criminal
22-2 Procedure, is amended by adding Subsection (r) to read as follows:
22-3 (r) In addition to other conditions and fees imposed by a
22-4 parole panel under this article, the parole panel shall require as
22-5 a condition of parole or release to mandatory supervision that a
22-6 person required to register as a sex offender under Article
22-7 6252-13c.1, Revised Statutes, pay to the person's supervising
22-8 officer a fee that equals the actual cost to the applicable local
22-9 law enforcement authority for providing notice for publication to a
22-10 newspaper as required by Article 6252-13c.1, Revised Statutes. The
22-11 pardons and paroles division shall remit fees collected under this
22-12 subsection to the applicable local law enforcement authority to
22-13 reimburse the authority for the actual cost incurred by the
22-14 authority, as evidenced by written receipt, for providing notice
22-15 for publication to a newspaper as required by Article 6252-13c.1,
22-16 Revised Statutes. In a parole or mandatory supervision revocation
22-17 hearing under Section 14 of this article at which it is alleged
22-18 only that the person failed to make a payment under this
22-19 subsection, the inability of the person to pay as ordered by a
22-20 parole panel is an affirmative defense to revocation, which the
22-21 person must prove by a preponderance of the evidence.
22-22 SECTION 13. Section 18, Article 42.18, Code of Criminal
22-23 Procedure, is amended to read as follows:
22-24 Sec. 18. Confidential Information. (a) Except as provided
22-25 by Subsection (b), all <All> information obtained and maintained in
22-26 connection with inmates of the institutional division subject to
22-27 parole, release to mandatory supervision, or executive clemency, or
23-1 individuals who may be on mandatory supervision or parole and under
23-2 the supervision of the pardons and paroles division, or persons
23-3 directly identified in any proposed plan of release for a prisoner,
23-4 including victim impact statements, lists of inmates eligible for
23-5 parole, and inmates' arrest records, shall be confidential and
23-6 privileged information and shall not be subject to public
23-7 inspection; provided, however, that all such information shall be
23-8 available to the governor, the members of the board, and the
23-9 Criminal Justice Policy Council to perform its duties under Section
23-10 413.021, Government Code, upon request. It is further provided
23-11 that statistical and general information respecting the parole and
23-12 mandatory supervision program and system, including the names of
23-13 paroled prisoners, prisoners released to mandatory supervision, and
23-14 data recorded in connection with parole and mandatory supervision
23-15 services, shall be subject to public inspection at any reasonable
23-16 time.
23-17 (b) This section does not apply to information regarding a
23-18 sex offender if the information is authorized for release under
23-19 Article 6252-13c.1, Revised Statutes.
23-20 SECTION 14. Subdivision (3), Article 60.01, Code of Criminal
23-21 Procedure, is amended to read as follows:
23-22 (3) "Computerized criminal history system" means the
23-23 data base maintained by the Department of Public Safety containing
23-24 arrest, disposition, and other criminal history and a list of sex
23-25 offenders required to register under Article 6252-13c.1, Revised
23-26 Statutes <maintained by the Department of Public Safety>.
23-27 SECTION 15. Subsection (b), Article 60.02, Code of Criminal
24-1 Procedure, is amended to read as follows:
24-2 (b) The Department of Public Safety is responsible for
24-3 recording data and maintaining a data base for a computerized
24-4 criminal history system that serves as the record creation point
24-5 for criminal history information maintained by the state and a list
24-6 of sex offenders required to register under Article 6252-13c.1,
24-7 Revised Statutes.
24-8 SECTION 16. Article 60.05, Code of Criminal Procedure, is
24-9 amended to read as follows:
24-10 Art. 60.05. Types of information collected. (a) The
24-11 criminal justice information system must contain but is not limited
24-12 to the following types of information for each arrest for a felony
24-13 or a misdemeanor not punishable by fine only:
24-14 (1) information relating to offenders;
24-15 (2) information relating to arrests;
24-16 (3) information relating to prosecutions;
24-17 (4) information relating to the disposition of cases
24-18 by courts;
24-19 (5) information relating to sentencing; and
24-20 (6) information relating to the handling of offenders
24-21 received by a correctional agency, facility, or other institution.
24-22 (b) In addition to the information required by Subsection
24-23 (a), the criminal justice information system shall contain a list
24-24 of sex offenders required to register under Article 6252-13c.1,
24-25 Revised Statutes.
24-26 SECTION 17. Article 60.051, Code of Criminal Procedure, is
24-27 amended by adding Subsection (f) to read as follows:
25-1 (f) The department shall maintain in the computerized
25-2 criminal history system an active list of sex offenders required to
25-3 register under Article 6252-13c.1, Revised Statutes.
25-4 SECTION 18. Subdivision (2), Section 411.082, Government
25-5 Code, is amended to read as follows:
25-6 (2) "Criminal history record information" means
25-7 information collected about a person by a criminal justice agency
25-8 that consists of identifiable descriptions and notations of
25-9 arrests, detentions, indictments, informations, and other formal
25-10 criminal charges and their dispositions and a list of sex offenders
25-11 required to register under Article 6252-13c.1, Revised Statutes.
25-12 The term does not include:
25-13 (A) identification information, including
25-14 fingerprint records, to the extent that the identification
25-15 information does not indicate involvement of the person in the
25-16 criminal justice system; or
25-17 (B) driving record information maintained by the
25-18 department under Section 21, Chapter 173, Acts of the 47th
25-19 Legislature, Regular Session, 1941 (Article 6687b, Vernon's Texas
25-20 Civil Statutes).
25-21 SECTION 19. Section 6, Article 6252-13c.1, Revised Statutes,
25-22 is repealed.
25-23 SECTION 20. (a) Except as provided by Subsection (b) of
25-24 this section, the change in law made by this Act to Article
25-25 6252-13c.1, Revised Statutes, applies only to a reportable
25-26 conviction or adjudication as defined by Article 6252-13c.1,
25-27 Revised Statutes, that occurs on or after the effective date of
26-1 this Act or to an order of deferred adjudication for a person
26-2 required to register under that article that is entered by the
26-3 court on or after the effective date of this Act. A reportable
26-4 conviction or adjudication that occurs before the effective date of
26-5 this Act or an order of deferred adjudication that is entered
26-6 before the effective date of this Act is covered by the law in
26-7 effect when the conviction or adjudication occurred or the order
26-8 was entered, and the former law is continued in effect for that
26-9 purpose.
26-10 (b) The duty of the Department of Public Safety of the State
26-11 of Texas to destroy registration information of a person under
26-12 Section 6, Article 6252-13c.1, Revised Statutes, repealed by this
26-13 Act, applies only to a person with a reportable adjudication who
26-14 has reached the age of 21 before the effective date of this Act.
26-15 SECTION 21. (a) The change in law made by Sections 9
26-16 through 12 of this Act applies only to an offense committed on or
26-17 after the effective date of this Act. For purposes of this
26-18 section, an offense is committed before the effective date of this
26-19 Act if any element of the offense occurs before the effective date.
26-20 (b) An offense committed before the effective date of this
26-21 Act is covered by the law in effect when the offense was committed,
26-22 and the former law is continued in effect for that purpose.
26-23 SECTION 22. The Department of Public Safety of the State of
26-24 Texas shall establish the rules and procedures necessary to comply
26-25 with Chapter 60, Code of Criminal Procedure, as amended by this
26-26 Act, not later than January 1, 1996.
26-27 SECTION 23. This Act takes effect September 1, 1995.
27-1 SECTION 24. The importance of this legislation and the
27-2 crowded condition of the calendars in both houses create an
27-3 emergency and an imperative public necessity that the
27-4 constitutional rule requiring bills to be read on three several
27-5 days in each house be suspended, and this rule is hereby suspended.