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