Amend SB 875 on 3rd reading as follows:
(1) In SECTION 1 of the bill, in proposed Article 62.01,
Code of Criminal Procedure (house committee printing, page 3,
between lines 18 and 19), insert the following:
(6) "Sexually violent offense" means any of the
following offenses committed by a person 17 years of age or older:
(A) an offense under Section 21.11(a)(1)
(Indecency with a child), 22.011 (Sexual assault), or 22.021
(Aggravated sexual assault), Penal Code;
(B) an offense under Section 43.25 (Sexual
performance by a child), Penal Code;
(C) an offense under Section 20.04(a)(4)
(Aggravated kidnapping), Penal Code, if the defendant committed the
offense with intent to violate or abuse the victim sexually;
(D) an offense under Section 30.02 (Burglary),
Penal Code, if the offense is punishable under Subsection (d) of
that section and the defendant committed the offense with intent to
commit a felony listed in Paragraph (A) or (C) of Subdivision (5);
or
(E) an offense under the laws of another state
if the offense contains elements that are substantially similar to
the elements of an offense listed under Paragraph (A), (B), (C),
or (D).
(7) "Sexually violent predator" means a person who has
on two or more occasions been convicted of or received an order of
deferred adjudication for a sexually violent offense.
(2) In SECTION 1 of the bill, in proposed Article 62.03(e),
Code of Criminal Procedure (house committee printing, page 10,
lines 19 and 20), between "Penal Code," and "the authority", insert
"or if the offense for which the person is subject to registration
is a sexually violent offense,".
(3) In SECTION 1 of the bill, in proposed Article 62.03(e),
Code of Criminal Procedure (house committee printing, page 11, line
2), between "registration," and "the authority", insert "or if the
offense for which the person is subject to registration is a
sexually violent offense,".
(4) In SECTION 1 of the bill, in proposed Article 62.04(f),
Code of Criminal Procedure (house committee printing, page 14,
lines 9 and 10), between "Penal Code," and "the authority", insert
"or if the offense for which the person is subject to registration
is a sexually violent offense,".
(5) In SECTION 1 of the bill, in proposed Article 62.04(f),
Code of Criminal Procedure (house committee printing, page 14, line
17), between "registration," and "the authority", insert "or if the
offense for which the person is subject to registration is a
sexually violent offense,".
(6) In SECTION 1 of the bill, in proposed Article 62.06,
Code of Criminal Procedure (house committee printing, page 16, line
13), between "(a)" and "A local", insert the following:
"A person subject to registration under this chapter who is a
sexually violent predator shall report to the local law enforcement
authority with whom the person is required to register not less
than once in each 90-day period following the date the person first
registered under this chapter to verify the information in the
registration form maintained by the authority for that person. A
person subject to registration under this chapter based on a single
conviction or order of deferred adjudication for a sexually violent
offense shall report to the local law enforcement authority with
whom the person is required to register once each year not earlier
than the 30th day before and not later than the 30th day after the
anniversary of the date on which the person first registered under
this chapter to verify the information in the registration form
maintained by the authority for that person.
(b)".
(7) In SECTION 1 of the bill, in proposed Article 62.06(b),
Code of Criminal Procedure, as relettered by this amendment
(formerly proposed Article 62.06(a)) (house committee printing,
page 16, line 18), between "once" and "each year", insert "in each
90-day period following the date the person first registered under
this chapter, if the person is a sexually violent predator, or, if
the person is not a sexually violent predator, once".
(8) In SECTION 1 of the bill, in proposed Article 62.06(b),
Code of Criminal Procedure, as relettered by this amendment
(formerly proposed Article 62.06(a)) (house committee printing,
page 16, line 20), between the period and "shall", strike "The
authority" and substitute the following:
"A local law enforcement authority may not direct a person to
report to the authority under this subsection if the person is
required to report under Subsection (a) and is in compliance with
the reporting requirements of that subsection.
(c) A local law enforcement authority with whom a person
reports under this section".
(9) In SECTION 1 of the bill, in proposed Article 62.06,
Code of Criminal Procedure (house committee printing, page 17, line
3), strike "(b)" and substitute "(d)".
(10) In SECTION 1 of the bill, in proposed Article 62.06,
Code of Criminal Procedure (house committee printing, page 17,
between lines 14 and 15), insert the following:
(e) A person subject to registration under this chapter who
is a sexually violent predator may petition the district court in
the county where the person resides for an order exempting the
person from the requirements of this chapter relating to a sexually
violent predator. After a hearing on the matter, the court may
issue an order under this subsection if it appears by a
preponderance of the evidence as presented by not fewer than two
registered sex offender treatment providers and a licensed
psychiatrist that:
(1) the person received mental health or other
appropriate treatment during the person's term of confinement,
parole, or community supervision and shows signs of successful
rehabilitation; and
(2) there is reason to believe that the person no
longer poses a significant threat to the community.
(11) In SECTION 1 of the bill, in proposed Article 62.12(b),
Code of Criminal Procedure (house committee printing, page 21,
lines 19 and 20), strike "violation of Section 21.11(a)(1), 22.021,
or 43.25, Penal Code" and substitute "sexually violent offense
<violation of Section 21.11(a)(1), 22.021, or 43.25, Penal Code>".
(12) In SECTION 1 of the bill, in proposed Article 62.12(c),
Code of Criminal Procedure (house committee printing, page 22, line
4), strike "violation of Section 21.11(a)(1), 22.021, or 43.25,
Penal Code" and substitute "sexually violent offense <violation of
Section 21.11(a)(1), 22.021, or 43.25, Penal Code>".
(13) In SECTION 1 of the bill, in proposed Article 62.12,
Code of Criminal Procedure (house committee printing, page 22,
between lines 11 and 12), insert the following:
(d) The duty to register for a person with a reportable
conviction or adjudication under this chapter, including a
conviction or adjudication for a sexually violent offense, ends
when the person dies unless, before death, the duty to register
ended under Subsection (a), (b), or (c).