1-1 By: Shapiro, Sims S.B. No. 267
1-2 (In the Senate - Filed January 19, 1995; January 23, 1995,
1-3 read first time and referred to Committee on Criminal Justice;
1-4 March 21, 1995, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 7, Nays 0; March 21, 1995,
1-6 sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 267 By: Shapiro
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to sex offender registration and public notification of
1-11 the release of a sex offender into the community; creating offenses
1-12 and providing criminal penalties.
1-13 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-14 SECTION 1. Subdivisions (3) and (5), Section 1, Article
1-15 6252-13c.1, Revised Statutes, are amended to read as follows:
1-16 (3) "Penal institution" means a confinement facility
1-17 operated by or under a contract with any <the institutional>
1-18 division of the Texas Department of Criminal Justice, a confinement
1-19 facility operated by or under contract with the Texas Youth
1-20 Commission, or a county jail.
1-21 (5) "Reportable conviction or adjudication" means:
1-22 (A) a conviction for violation of Section 21.11
1-23 (Indecency with a child), 22.011 (Sexual assault), 22.021
1-24 (Aggravated sexual assault), 25.02 (Prohibited sexual conduct)
1-25 <(Incest)>, Penal Code;
1-26 (B) a conviction for violation of Section 43.25
1-27 (Sexual performance by a child) or 43.26 (Possession or promotion
1-28 of child pornography), Penal Code;
1-29 (C) a conviction for a violation of Section
1-30 20.04(a)(4) (Aggravated kidnapping), Penal Code, if the defendant
1-31 committed the offense with intent to violate or abuse the victim
1-32 sexually;
1-33 (D) a conviction for a violation of Section
1-34 30.02 (Burglary), Penal Code, if the offense is punishable under
1-35 Subsection (d) of that section and the defendant committed the
1-36 offense with intent to commit a felony listed in Paragraph (A) or
1-37 (C) of this subdivision;
1-38 (E) the second <fourth> conviction for a
1-39 violation of Section 21.08 (Indecent exposure), Penal Code;
1-40 (F) a conviction for an attempt, conspiracy, or
1-41 solicitation, as defined by Chapter 15, Penal Code, to commit an
1-42 offense listed in Paragraph (A), (B), (C), or (D) of this
1-43 subdivision;
1-44 (G) <(D)> an adjudication of delinquent conduct
1-45 based on a violation of one of the offenses listed in Paragraph
1-46 (A), <or> (B), (C), (D), or (F) of this subdivision or for which
1-47 two <four> violations of the offenses listed in Paragraph (E) <(C)>
1-48 of this subdivision are shown; <or>
1-49 (H) <(E)> a deferred adjudication for an offense
1-50 listed in Paragraph (A), <or> (B), (C), (D), or (F) of this
1-51 subdivision;
1-52 (I) a conviction under the laws of another state
1-53 for an offense containing elements that are substantially similar
1-54 to the elements of an offense listed under Paragraph (A), (B), (C),
1-55 (D), or (F) of this subdivision; or
1-56 (J) the second conviction under the laws of
1-57 another state for an offense containing elements that are
1-58 substantially similar to the elements of the offense of indecent
1-59 exposure.
1-60 SECTION 2. Section 2, Article 6252-13c.1, Revised Statutes,
1-61 is amended by amending Subsections (a) and (b) and by adding
1-62 Subsections (d) and (e) to read as follows:
1-63 (a) A person who has a reportable conviction or adjudication
1-64 shall register or, if the person is a person for whom registration
1-65 is completed under this article, verify registration as provided by
1-66 Subsection (d) of this section, with the local law enforcement
1-67 authority in any municipality where the person resides or intends
1-68 to reside for more than seven days. If <or, if> the person does
2-1 not reside or intend to reside in a municipality, the person shall
2-2 register or verify registration in any county where the person
2-3 resides or intends to reside for more than seven days. The person
2-4 shall satisfy the requirements of this subsection <register> not
2-5 later than the seventh day after the person's arrival in the
2-6 municipality or county.
2-7 (b) The department shall provide the Texas Department of
2-8 Criminal Justice, the Texas Youth Commission, the Juvenile
2-9 Probation Commission, and each local law enforcement authority,
2-10 county jail, and court with a form for registering persons required
2-11 by this article to register. The registration form shall require:
2-12 (1) the person's full name, each alias, date of birth,
2-13 sex, race, height, weight, eye color, hair color, social security
2-14 number, driver's license number, shoe size, and home address;
2-15 (2) a photograph of the person and a complete set of
2-16 the person's fingerprints;
2-17 (3) the type of offense the person was convicted of,
2-18 the age of the victim, the date of conviction, and the punishment
2-19 received; and
2-20 (4) <(3)> any other information required by the
2-21 department.
2-22 (d) A person for whom registration is completed under this
2-23 article shall report to the applicable local law enforcement
2-24 authority to verify the information in the registration form
2-25 received by the authority under this article. The authority shall
2-26 require the person to produce proof of the person's identity and
2-27 residence before the authority gives the registration form to the
2-28 person for verification. If the information in the registration
2-29 form is accurate, the person shall verify registration by signing
2-30 the form. If the information is not accurate, the person shall
2-31 make any necessary corrections before signing the form.
2-32 (e) If a person subject to registration under this article
2-33 does not move to an intended residence by the end of the seventh
2-34 day after the date on which the person is released on community
2-35 supervision, parole, or mandatory supervision or the date on which
2-36 the person leaves a previous residence, the person shall:
2-37 (1) report to the community supervision and
2-38 corrections department officer or the parole officer supervising
2-39 the person by not later than the seventh day after the date on
2-40 which the person is released or the date on which the person leaves
2-41 a previous residence, as applicable, and provide the officer with
2-42 the address of the person's temporary residence; and
2-43 (2) continue to report to the person's supervising
2-44 officer not less than weekly during any period of time in which the
2-45 person has not moved to an intended residence and provide the
2-46 officer with the address of the person's temporary residence.
2-47 SECTION 3. Section 3, Article 6252-13c.1, Revised Statutes,
2-48 is amended to read as follows:
2-49 Sec. 3. Prerelease notification. (a) At least 30 days, but
2-50 not earlier than 90 days, before a person who will be subject to
2-51 registration under this article is due to be released from a penal
2-52 institution, an official of the penal institution shall:
2-53 (1) inform the person that:
2-54 (A) not later than the seventh day after the
2-55 date on which the person is released on community supervision,
2-56 parole, or mandatory supervision or the date on which the person
2-57 moves from a previous residence to a new residence in this state,
2-58 the person must:
2-59 (i) register or verify registration with
2-60 the local law enforcement authority in the municipality or county
2-61 in which the person intends to reside; or
2-62 (ii) if the person has not moved to an
2-63 intended residence, report to the community supervision and
2-64 corrections department officer or the parole officer supervising
2-65 the person;
2-66 (B) not later than the seventh day before the
2-67 date on which the person moves to a new residence in this state or
2-68 another state, the person must report in person to the local law
2-69 enforcement authority with whom the person last registered and to
2-70 the community supervision and corrections department officer or the
3-1 parole officer supervising the person; and
3-2 (C) not later than the 10th day after the date
3-3 on which the person arrives in another state in which the person
3-4 intends to reside, the person must register with the law
3-5 enforcement agency that is identified by the department as the
3-6 agency designated by that state to receive registration
3-7 information, if the other state has a registration requirement for
3-8 sex offenders;
3-9 (2) <of the person's duty to register under this
3-10 article and> require the person to sign a written statement that
3-11 the person was <so> informed of the person's duties as described by
3-12 Subdivision (1) of this subsection or, if the person refuses to
3-13 sign the statement, certify that the person was so informed;
3-14 (3) <(2)> obtain the address where the person expects
3-15 to reside on the person's release and other registration
3-16 information, including a photograph and complete set of
3-17 fingerprints; and
3-18 (4) complete the registration form for the person.
3-19 (b) On the seventh day before the date on which a person who
3-20 will be subject to registration under this article is due to be
3-21 released from a penal institution, an official of the penal
3-22 institution shall send the person's completed registration form to
3-23 <(3) inform> the department and to:
3-24 (1) the applicable local law enforcement authority in
3-25 the municipality or <unincorporated area of the> county in which
3-26 the person expects to reside, if the person expects to reside in
3-27 this state; or
3-28 (2) the law enforcement agency that is identified by
3-29 the department as the agency designated by another state to receive
3-30 registration information, if the person expects to reside in that
3-31 other state and that other state has a registration requirement for
3-32 sex offenders <of the person's name, release date, new address, and
3-33 the offense of which the person was convicted>.
3-34 (c) <(b)> If a person who is subject to registration under
3-35 this article receives an order deferring adjudication, community
3-36 supervision <probation>, or only a fine, the court pronouncing the
3-37 order or sentence shall conduct the prerelease notification and
3-38 registration requirements specified in <Subsection (a) of> this
3-39 section on the day of entering the order or sentencing.
3-40 (d) If a person who has a reportable conviction for an
3-41 offense described under Section 1(5)(I) or (J) of this article is
3-42 placed under the supervision of the pardons and paroles division of
3-43 the Texas Department of Criminal Justice or a community supervision
3-44 and corrections department under Article 42.11, Code of Criminal
3-45 Procedure, the division or community supervision and corrections
3-46 department shall conduct the prerelease notification and
3-47 registration requirements specified in this section on the date the
3-48 person is placed under the supervision of the division or community
3-49 supervision and corrections department.
3-50 (e) Not later than the eighth day after receiving a
3-51 registration form under Subsection (b), (c), or (d) of this
3-52 section, the local law enforcement authority shall verify the age
3-53 of the victim and the basis on which the person is subject to
3-54 registration under this article. If the victim is a child younger
3-55 than 17 years of age and the basis on which the person is subject
3-56 to registration is not an adjudication of delinquent conduct or a
3-57 deferred adjudication and is not a conviction for an offense under
3-58 Section 25.02, Penal Code, the authority shall immediately publish
3-59 notice in English and Spanish in at least one newspaper of general
3-60 circulation in the county in which the person subject to
3-61 registration intends to reside. The authority shall publish a
3-62 duplicate notice in the newspaper, with any necessary corrections,
3-63 during the week immediately following the week of initial
3-64 publication. If the victim is a child younger than 17 years of
3-65 age, regardless of the basis on which the person is subject to
3-66 registration, the authority shall immediately provide notice to the
3-67 superintendent of public schools of the school district in which
3-68 the person subject to registration intends to reside by mail to the
3-69 district office.
3-70 (f) The local law enforcement authority shall include in the
4-1 notice by publication in a newspaper the following information
4-2 only:
4-3 (1) the person's age and gender;
4-4 (2) a brief description of the offense for which the
4-5 person is subject to registration; and
4-6 (3) the municipality, street name, and zip code number
4-7 where the person intends to reside.
4-8 (g) The local law enforcement authority shall include in the
4-9 notice to the superintendent of public schools any information the
4-10 authority determines is necessary to protect the public, except:
4-11 (1) the person's social security number, driver's
4-12 license number, or telephone number; and
4-13 (2) any information that would identify the victim of
4-14 the offense for which the person is subject to registration.
4-15 SECTION 4. Section 4, Article 6252-13c.1, Revised Statutes,
4-16 is amended to read as follows:
4-17 Sec. 4. Change of address. (a) If a person required to
4-18 register intends to change <changes> address, the person shall,
4-19 <provide written notice> not later than the seventh day before
4-20 <after> the intended change, report in person to the local law
4-21 enforcement authority with whom the person last registered and to
4-22 the community supervision and corrections department officer or the
4-23 parole officer supervising the person and provide the authority and
4-24 the officer with the person's anticipated move date and new
4-25 address.
4-26 (b) Not later than the third day after receipt of notice
4-27 under Subsection (a) of this section, the person's community
4-28 supervision and corrections department officer or parole officer
4-29 shall forward the information provided under Subsection (a) of this
4-30 section to the local law enforcement authority with whom the person
4-31 last registered and, if the person intends to move to another
4-32 municipality or county in this state, to the applicable local law
4-33 enforcement authority in that municipality or county.
4-34 (c) If the person moves to another state that has a
4-35 registration requirement for sex offenders, the person shall, not
4-36 later than the 10th day after the date on which the person arrives
4-37 in the other state, register with the law enforcement agency that
4-38 is identified by the department as the agency designated by that
4-39 state to receive registration information.
4-40 (d) Not later than the third day after receipt of
4-41 information under Subsection (a) or (b) of this section, whichever
4-42 is earlier <this notice>, the local law enforcement authority shall
4-43 forward this information to the department and, if the person
4-44 intends to move to another municipality or county in this state, to
4-45 the applicable local law enforcement authority in that municipality
4-46 or county.
4-47 (e) If a person who reports to a local law enforcement
4-48 authority under Subsection (a) of this section does not move on or
4-49 before the anticipated move date or does not move to the new
4-50 address provided to the authority, the person shall:
4-51 (1) report to the local law enforcement authority with
4-52 whom the person last registered not later than the seventh day
4-53 after the anticipated move date and provide an explanation to the
4-54 authority regarding any changes in the anticipated move date and
4-55 intended residence; and
4-56 (2) report to the community supervision and
4-57 corrections department officer or the parole officer supervising
4-58 the person not less than weekly during any period in which the
4-59 person has not moved to an intended residence.
4-60 (f) If the person moves to another <a new> municipality or
4-61 county in this state, the department shall inform the applicable
4-62 local law enforcement authority in the new area of the person's
4-63 residence not later than the third day after the date on which the
4-64 department receives information under Subsection (a) of this
4-65 section. Not later than the eighth day after the date on which the
4-66 local law enforcement authority is informed under Subsection (a) of
4-67 this section or under this subsection, the authority shall verify
4-68 the age of the victim and the basis on which the person is subject
4-69 to registration under this article. If the victim is a child
4-70 younger than 17 years of age and the basis on which the person is
5-1 subject to registration is not an adjudication of delinquent
5-2 conduct or a deferred adjudication and is not a conviction for an
5-3 offense under Section 25.02, Penal Code, the authority shall
5-4 immediately publish notice in English and Spanish in at least one
5-5 newspaper of general circulation in the county in which the person
5-6 subject to registration intends to reside. The local law
5-7 enforcement authority shall publish a duplicate notice in the
5-8 newspaper, with any necessary corrections, during the week
5-9 immediately following the week of initial publication. If the
5-10 victim is a child younger than 17 years of age, regardless of the
5-11 basis on which the person is subject to registration, the authority
5-12 shall immediately provide notice to the superintendent of public
5-13 schools of the school district in which the person subject to
5-14 registration intends to reside by mail to the district office.
5-15 (g) The local law enforcement authority shall include in the
5-16 notice by publication in a newspaper the following information
5-17 only:
5-18 (1) the person's age and gender;
5-19 (2) a brief description of the offense for which the
5-20 person is subject to registration; and
5-21 (3) the municipality, street name, and zip code number
5-22 where the person intends to reside.
5-23 (h) The local law enforcement authority shall include in the
5-24 notice to the superintendent of public schools any information the
5-25 authority determines is necessary to protect the public, except:
5-26 (1) the person's social security number, driver's
5-27 license number, or telephone number; and
5-28 (2) any information that would identify the victim of
5-29 the offense for which the person is subject to registration.
5-30 (i) If the person moves to another state, the department
5-31 shall, immediately on receiving information under Subsection (d) of
5-32 this section:
5-33 (1) inform the law enforcement agency that is
5-34 designated by the other state to receive registration information,
5-35 if that state has a registration requirement for sex offenders; and
5-36 (2) send to the Federal Bureau of Investigation a copy
5-37 of the person's registration form, including the record of
5-38 conviction and a complete set of fingerprints.
5-39 SECTION 5. Article 6252-13c.1, Revised Statutes, is amended
5-40 by adding Section 4A to read as follows:
5-41 Sec. 4A. REMEDIES RELATED TO PUBLIC NOTICE. A person
5-42 subject to registration under this article may petition the
5-43 district court for injunctive relief to restrain a local law
5-44 enforcement authority from publishing notice in a newspaper as
5-45 required by Section 3 or Section 4 of this article. The court may
5-46 issue a temporary restraining order under this section before
5-47 notice is served and a hearing is held on the matter. After a
5-48 hearing on the matter, the court may grant any injunctive relief
5-49 warranted by the facts, including a restraining order or a
5-50 temporary or permanent injunction, if the person subject to
5-51 registration under this article proves by a preponderance of the
5-52 evidence specific facts indicating that newspaper publication under
5-53 Section 3 or Section 4 of this article would place the person's
5-54 health and well-being in immediate danger.
5-55 SECTION 6. Section 5, Article 6252-13c.1, Revised Statutes,
5-56 is amended to read as follows:
5-57 Sec. 5. CENTRAL DATABASE; PUBLIC <CONFIDENTIAL> INFORMATION.
5-58 (a) The department shall maintain a computerized central database
5-59 containing only the information required for registration under
5-60 this article.
5-61 (b) The information contained in the database is public
5-62 information, with the exception of the person's photograph or any
5-63 information:
5-64 (1) regarding the person's social security number,
5-65 driver's license number, numeric street address, or telephone
5-66 number; or
5-67 (2) that would identify the victim of the offense for
5-68 which the person is subject to registration.
5-69 (c) A local law enforcement authority shall release public
5-70 information described under Subsection (b) of this section to any
6-1 person who submits to the department a written request for the
6-2 information. The authority may charge the person a fee not to
6-3 exceed the amount reasonably necessary to cover the administrative
6-4 costs associated with the authority's release of information to the
6-5 person under this subsection. <A person who releases the
6-6 information required for registration under this article to a
6-7 person other than a full time, fully paid, employed law enforcement
6-8 officer commits an offense.>
6-9 <(b) An offense under this section is a Class B
6-10 misdemeanor.>
6-11 SECTION 7. Article 6252-13c.1, Revised Statutes, is amended
6-12 by adding Section 5A to read as follows:
6-13 Sec. 5A. IMMUNITY FOR RELEASE OF PUBLIC INFORMATION.
6-14 (a) The department, a penal institution, or a local law
6-15 enforcement authority may release to the public information
6-16 regarding a person required to register if the information is
6-17 public information under this article.
6-18 (b) An individual, agency, entity, or authority is not
6-19 liable under Chapter 101, Civil Practice and Remedies Code, or any
6-20 other law for damages arising from conduct authorized by Subsection
6-21 (a) of this section.
6-22 (c) For purposes of determining liability, the release or
6-23 withholding of information by an appointed or elected officer of an
6-24 agency, entity, or authority is a discretionary act.
6-25 SECTION 8. Subsection (a), Section 8, Article 6252-13c.1,
6-26 Revised Statutes, is amended to read as follows:
6-27 (a) This article applies only to a reportable conviction or
6-28 adjudication:
6-29 (1) occurring on or after:
6-30 (A) September 1, 1991, if the conviction is for
6-31 or the adjudication is based on an offense listed in Section
6-32 1(5)(A) <or (C)> of this article; <or>
6-33 (B) September 1, 1993, if the conviction is for
6-34 or the adjudication is based on an offense listed in Section
6-35 1(5)(B) of this article; or
6-36 (C) September 1, 1995, if the conviction is for
6-37 an offense described under Section 1(5)(C), (D), (E), (F), (I), or
6-38 (J) of this article; or
6-39 (2) for which an order of deferred adjudication is
6-40 entered by the court on or after September 1, 1993.
6-41 SECTION 9. Section 1, Article 42.01, Code of Criminal
6-42 Procedure, is amended to read as follows:
6-43 Sec. 1. A judgment is the written declaration of the court
6-44 signed by the trial judge and entered of record showing the
6-45 conviction or acquittal of the defendant. The sentence served
6-46 shall be based on the information contained in the judgment. The
6-47 judgment should reflect:
6-48 1. The title and number of the case;
6-49 2. That the case was called and the parties appeared,
6-50 naming the attorney for the state, the defendant, and the attorney
6-51 for the defendant, or, where a defendant is not represented by
6-52 counsel, that the defendant knowingly, intelligently, and
6-53 voluntarily waived the right to representation by counsel;
6-54 3. The plea or pleas of the defendant to the offense
6-55 charged;
6-56 4. Whether the case was tried before a jury or a jury
6-57 was waived;
6-58 5. The submission of the evidence, if any;
6-59 6. In cases tried before a jury that the jury was
6-60 charged by the court;
6-61 7. The verdict or verdicts of the jury or the finding
6-62 or findings of the court;
6-63 8. In the event of a conviction that the defendant is
6-64 adjudged guilty of the offense as found by the verdict of the jury
6-65 or the finding of the court, and that the defendant be punished in
6-66 accordance with the jury's verdict or the court's finding as to the
6-67 proper punishment;
6-68 9. In the event of conviction where death or any
6-69 punishment is assessed that the defendant be sentenced to death, a
6-70 term of confinement or community supervision, or to pay a fine, as
7-1 the case may be;
7-2 10. In the event of conviction where the imposition of
7-3 sentence is suspended and the defendant is placed on community
7-4 supervision, setting forth the punishment assessed, the length of
7-5 community supervision, and the conditions of community supervision;
7-6 11. In the event of acquittal that the defendant be
7-7 discharged;
7-8 12. The county and court in which the case was tried
7-9 and, if there was a change of venue in the case, the name of the
7-10 county in which the prosecution was originated;
7-11 13. The offense or offenses for which the defendant
7-12 was convicted;
7-13 14. The date of the offense or offenses and degree of
7-14 offense for which the defendant was convicted;
7-15 15. The term of sentence;
7-16 16. The date judgment is entered;
7-17 17. The date sentence is imposed;
7-18 18. The date sentence is to commence and any credit
7-19 for time served;
7-20 19. The terms of any order entered pursuant to Article
7-21 42.08 of this code that the defendant's sentence is to run
7-22 cumulatively or concurrently with another sentence or sentences;
7-23 20. The terms of any plea bargain;
7-24 21. Affirmative findings entered pursuant to
7-25 Subdivision (2) of Subsection (a) of Section 3g of Article 42.12 of
7-26 this code;
7-27 22. The terms of any fee payment ordered under
7-28 Articles 37.072 and 42.151 of this code;
7-29 23. The defendant's thumbprint taken in accordance
7-30 with Article 38.33 of this code;
7-31 24. In the event that the judge orders the defendant
7-32 to repay a reward or part of a reward under Articles 37.073 and
7-33 42.152 of this code, a statement of the amount of the payment or
7-34 payments required to be made;
7-35 25. In the event that the court orders restitution to
7-36 be paid to the victim, a statement of the amount of restitution
7-37 ordered and:
7-38 (A) the name of the victim and the permanent
7-39 mailing address of the victim at the time of the judgment; or
7-40 (B) if the court determines that the inclusion
7-41 of the victim's name and address in the judgment is not in the best
7-42 interest of the victim, the name and address of a person or agency
7-43 that will accept and forward restitution payments to the victim;
7-44 <and>
7-45 26. In the event that a presentence investigation is
7-46 required by Section 9(a), (b), (h), or (i), Article 42.12 of this
7-47 code, a statement that the presentence investigation was done
7-48 according to the applicable provision; and
7-49 27. In the event of conviction of an offense for which
7-50 registration as a sex offender is required under Article
7-51 6252-13c.1, Revised Statutes, a statement that the registration
7-52 requirement of that article applies to the defendant and a
7-53 statement of the age of the victim of the offense.
7-54 SECTION 10. Section 11, Article 42.12, Code of Criminal
7-55 Procedure, is amended by amending and revising Subsection (a), as
7-56 amended by Chapters 806 and 900, Acts of the 73rd Legislature,
7-57 1993, and by adding Subsection (e) to read as follows:
7-58 (a) The judge of the court having jurisdiction of the case
7-59 shall determine the conditions of community supervision and may, at
7-60 any time, during the period of community supervision alter or
7-61 modify the conditions as provided by Sections 10 and 22 of this
7-62 article. The judge may impose any reasonable condition that is
7-63 designed to protect or restore the community, protect or restore
7-64 the victim, or punish, rehabilitate, or reform the defendant.
7-65 Conditions of community supervision may include, but shall not be
7-66 limited to, the conditions that the defendant shall:
7-67 (1) Commit no offense against the laws of this State
7-68 or of any other State or of the United States;
7-69 (2) Avoid injurious or vicious habits;
7-70 (3) Avoid persons or places of disreputable or harmful
8-1 character;
8-2 (4) Report to the supervision officer as directed by
8-3 the judge or supervision officer and obey all rules and regulations
8-4 of the community supervision and corrections department;
8-5 (5) Permit the supervision officer to visit him at his
8-6 home or elsewhere;
8-7 (6) Work faithfully at suitable employment as far as
8-8 possible;
8-9 (7) Remain within a specified place;
8-10 (8) Pay his fine, if one be assessed, and all court
8-11 costs whether a fine be assessed or not, in one or several sums;
8-12 (9) Support his dependents;
8-13 (10) Participate, for a time specified by the judge in
8-14 any community-based program, including a community-service work
8-15 program under Section 16 of this article;
8-16 (11) Reimburse the county in which the prosecution was
8-17 instituted for compensation paid to appointed counsel for defending
8-18 him in the case, if counsel was appointed, or if he was represented
8-19 by a county-paid public defender, in an amount that would have been
8-20 paid to an appointed attorney had the county not had a public
8-21 defender;
8-22 (12) Remain under custodial supervision in a community
8-23 corrections facility, obey all rules and regulations of such
8-24 facility, and pay a percentage of his income to the facility for
8-25 room and board;
8-26 (13) Pay a percentage of his income to his dependents
8-27 for their support while under custodial supervision in a community
8-28 corrections facility;
8-29 (14) Submit to testing for alcohol or controlled
8-30 substances;
8-31 (15) Attend counseling sessions for substance abusers
8-32 or participate in substance abuse treatment services in a program
8-33 or facility approved or licensed by the Texas Commission on Alcohol
8-34 and Drug Abuse;
8-35 (16) <Register under Article 6252-13c.1, Revised
8-36 Statutes;>
8-37 <(17)> With the consent of the victim of a misdemeanor
8-38 offense or of any offense under Title 7, Penal Code, participate
8-39 in victim-defendant mediation;
8-40 (17) <(19)> Submit to electronic monitoring;
8-41 (18) <(20)> Reimburse the general revenue fund <crime
8-42 victims compensation fund created under the Crime Victims
8-43 Compensation Act (Article 8309-1, Vernon's Texas Civil Statutes)>
8-44 for any amounts paid under the Crime Victims' Compensation Act
8-45 (Subchapter B, Chapter 56, of this code) from that fund to a
8-46 victim, as defined by Article 56.01 of this code, of the
8-47 defendant's offense;
8-48 (19) <(21)> Reimburse a law enforcement agency for the
8-49 analysis, storage, or disposal of raw materials, controlled
8-50 substances, chemical precursors, drug paraphernalia, or other
8-51 materials seized in connection with the offense;
8-52 (20) <(22)> Pay all or part of the reasonable and
8-53 necessary costs incurred by the victim for psychological counseling
8-54 made necessary by the offense or for counseling and education
8-55 relating to acquired immune deficiency syndrome or human
8-56 immunodeficiency virus made necessary by the offense; and
8-57 (21) <(23)> Make one payment in an amount not to
8-58 exceed $50 to a local crime stoppers program as defined by Section
8-59 414.001, Government Code, and as certified by the Crime Stoppers
8-60 Advisory Council.
8-61 (e) A judge granting community supervision to a defendant
8-62 required to register as a sex offender under Article 6252-13c.1,
8-63 Revised Statutes, shall require the registration as a condition of
8-64 community supervision.
8-65 SECTION 11. Section 19, Article 42.12, Code of Criminal
8-66 Procedure, is amended by adding Subsection (g) to read as follows:
8-67 (g) If the judge places on community supervision a person
8-68 required to register as a sex offender under Article 6252-13c.1,
8-69 Revised Statutes, the judge shall require as a condition of
8-70 community supervision that the person pay to the person's
9-1 supervising officer a fee that equals the actual cost to the
9-2 applicable local law enforcement authority for providing notice for
9-3 publication to a newspaper as required by Article 6252-13c.1,
9-4 Revised Statutes. A community supervision and corrections
9-5 department shall remit fees collected under this subsection to the
9-6 applicable local law enforcement authority to reimburse the
9-7 authority for the actual cost incurred by the authority, as
9-8 evidenced by written receipt, for providing notice for publication
9-9 to a newspaper as required by Article 6252-13c.1, Revised Statutes.
9-10 In a community supervision revocation hearing at which it is
9-11 alleged only that the person violated the terms of community
9-12 supervision by failing to make a payment under this subsection, the
9-13 inability of the person to pay as ordered by the judge is an
9-14 affirmative defense to revocation, which the person must prove by a
9-15 preponderance of the evidence.
9-16 SECTION 12. Section 8, Article 42.18, Code of Criminal
9-17 Procedure, is amended by adding Subsection (r) to read as follows:
9-18 (r) In addition to other conditions and fees imposed by a
9-19 parole panel under this article, the parole panel shall require as
9-20 a condition of parole or release to mandatory supervision that a
9-21 person required to register as a sex offender under Article
9-22 6252-13c.1, Revised Statutes, pay to the person's supervising
9-23 officer a fee that equals the actual cost to the applicable local
9-24 law enforcement authority for providing notice for publication to a
9-25 newspaper as required by Article 6252-13c.1, Revised Statutes. The
9-26 pardons and paroles division shall remit fees collected under this
9-27 subsection to the applicable local law enforcement authority to
9-28 reimburse the authority for the actual cost incurred by the
9-29 authority, as evidenced by written receipt, for providing notice
9-30 for publication to a newspaper as required by Article 6252-13c.1,
9-31 Revised Statutes. In a parole or mandatory supervision revocation
9-32 hearing under Section 14 of this article at which it is alleged
9-33 only that the person failed to make a payment under this
9-34 subsection, the inability of the person to pay as ordered by a
9-35 parole panel is an affirmative defense to revocation, which the
9-36 person must prove by a preponderance of the evidence.
9-37 SECTION 13. Section 18, Article 42.18, Code of Criminal
9-38 Procedure, is amended to read as follows:
9-39 Sec. 18. Confidential Information. (a) Except as provided
9-40 by Subsection (b), all <All> information obtained and maintained in
9-41 connection with inmates of the institutional division subject to
9-42 parole, release to mandatory supervision, or executive clemency, or
9-43 individuals who may be on mandatory supervision or parole and under
9-44 the supervision of the pardons and paroles division, or persons
9-45 directly identified in any proposed plan of release for a prisoner,
9-46 including victim impact statements, lists of inmates eligible for
9-47 parole, and inmates' arrest records, shall be confidential and
9-48 privileged information and shall not be subject to public
9-49 inspection; provided, however, that all such information shall be
9-50 available to the governor, the members of the board, and the
9-51 Criminal Justice Policy Council to perform its duties under Section
9-52 413.021, Government Code, upon request. It is further provided
9-53 that statistical and general information respecting the parole and
9-54 mandatory supervision program and system, including the names of
9-55 paroled prisoners, prisoners released to mandatory supervision, and
9-56 data recorded in connection with parole and mandatory supervision
9-57 services, shall be subject to public inspection at any reasonable
9-58 time.
9-59 (b) This section does not apply to information regarding a
9-60 sex offender if the information is authorized for release under
9-61 Article 6252-13c.1, Revised Statutes.
9-62 SECTION 14. Subdivision (3), Article 60.01, Code of Criminal
9-63 Procedure, is amended to read as follows:
9-64 (3) "Computerized criminal history system" means the
9-65 data base maintained by the Department of Public Safety containing
9-66 arrest, disposition, and other criminal history and a list of sex
9-67 offenders required to register under Article 6252-13c.1, Revised
9-68 Statutes <maintained by the Department of Public Safety>.
9-69 SECTION 15. Subsection (b), Article 60.02, Code of Criminal
9-70 Procedure, is amended to read as follows:
10-1 (b) The Department of Public Safety is responsible for
10-2 recording data and maintaining a data base for a computerized
10-3 criminal history system that serves as the record creation point
10-4 for criminal history information maintained by the state and a list
10-5 of sex offenders required to register under Article 6252-13c.1,
10-6 Revised Statutes.
10-7 SECTION 16. Article 60.05, Code of Criminal Procedure, is
10-8 amended to read as follows:
10-9 Art. 60.05. Types of information collected. (a) The
10-10 criminal justice information system must contain but is not limited
10-11 to the following types of information for each arrest for a felony
10-12 or a misdemeanor not punishable by fine only:
10-13 (1) information relating to offenders;
10-14 (2) information relating to arrests;
10-15 (3) information relating to prosecutions;
10-16 (4) information relating to the disposition of cases
10-17 by courts;
10-18 (5) information relating to sentencing; and
10-19 (6) information relating to the handling of offenders
10-20 received by a correctional agency, facility, or other institution.
10-21 (b) In addition to the information required by Subsection
10-22 (a), the criminal justice information system shall contain a list
10-23 of sex offenders required to register under Article 6252-13c.1,
10-24 Revised Statutes.
10-25 SECTION 17. Article 60.051, Code of Criminal Procedure, is
10-26 amended by adding Subsection (f) to read as follows:
10-27 (f) The department shall maintain in the computerized
10-28 criminal history system an active list of sex offenders required to
10-29 register under Article 6252-13c.1, Revised Statutes.
10-30 SECTION 18. Subdivision (2), Section 411.082, Government
10-31 Code, is amended to read as follows:
10-32 (2) "Criminal history record information" means
10-33 information collected about a person by a criminal justice agency
10-34 that consists of identifiable descriptions and notations of
10-35 arrests, detentions, indictments, informations, and other formal
10-36 criminal charges and their dispositions and a list of sex offenders
10-37 required to register under Article 6252-13c.1, Revised Statutes.
10-38 The term does not include:
10-39 (A) identification information, including
10-40 fingerprint records, to the extent that the identification
10-41 information does not indicate involvement of the person in the
10-42 criminal justice system; or
10-43 (B) driving record information maintained by the
10-44 department under Section 21, Chapter 173, Acts of the 47th
10-45 Legislature, Regular Session, 1941 (Article 6687b, Vernon's Texas
10-46 Civil Statutes).
10-47 SECTION 19. Section 6, Article 6252-13c.1, Revised Statutes,
10-48 is repealed.
10-49 SECTION 20. (a) Except as provided by Subsection (b) of
10-50 this section, the change in law made by this Act to Article
10-51 6252-13c.1, Revised Statutes, applies only to a reportable
10-52 conviction or adjudication as defined by Article 6252-13c.1,
10-53 Revised Statutes, that occurs on or after the effective date of
10-54 this Act or to an order of deferred adjudication for a person
10-55 required to register under that article that is entered by the
10-56 court on or after the effective date of this Act. A reportable
10-57 conviction or adjudication that occurs before the effective date of
10-58 this Act or an order of deferred adjudication that is entered
10-59 before the effective date of this Act is covered by the law in
10-60 effect when the conviction or adjudication occurred or the order
10-61 was entered, and the former law is continued in effect for that
10-62 purpose.
10-63 (b) The duty of the Department of Public Safety of the State
10-64 of Texas to destroy registration information of a person under
10-65 Section 6, Article 6252-13c.1, Revised Statutes, repealed by this
10-66 Act, applies only to a person with a reportable adjudication who
10-67 has reached the age of 21 before the effective date of this Act.
10-68 SECTION 21. (a) The change in law made by Sections 9
10-69 through 12 of this Act applies only to an offense committed on or
10-70 after the effective date of this Act. For purposes of this
11-1 section, an offense is committed before the effective date of this
11-2 Act if any element of the offense occurs before the effective date.
11-3 (b) An offense committed before the effective date of this
11-4 Act is covered by the law in effect when the offense was committed,
11-5 and the former law is continued in effect for that purpose.
11-6 SECTION 22. The Department of Public Safety of the State of
11-7 Texas shall establish the rules and procedures necessary to comply
11-8 with Chapter 60, Code of Criminal Procedure, as amended by this
11-9 Act, not later than January 1, 1996.
11-10 SECTION 23. This Act takes effect September 1, 1995.
11-11 SECTION 24. The importance of this legislation and the
11-12 crowded condition of the calendars in both houses create an
11-13 emergency and an imperative public necessity that the
11-14 constitutional rule requiring bills to be read on three several
11-15 days in each house be suspended, and this rule is hereby suspended.
11-16 * * * * *