Amend SB 875 on third reading as follows:
(1) Amend Committee Amendment No. 1 (house committee
printing, page 32, line 2 through page 33, line 19), adopted on
second reading, by striking the text of the amendment.
(2) In SECTION 1 of the bill, in proposed Article 62.01(4),
Code of Criminal Procedure (house committee printing, page 1, line
23), between "paroled," and "or placed", insert "placed in a
nonsecure community program for juvenile offenders,".
(3) In SECTION 1 of the bill, in proposed Article 62.01(5),
Code of Criminal Procedure, strike Paragraphs (A) and (B) (house
committee printing, page 2, lines 6-12), and substitute the
following:
(A) a conviction for a violation of Section
21.11 (Indecency with a child), 22.011 (Sexual assault), or 22.021
(Aggravated sexual assault), Penal Code, or a conviction for a
violation of Section 25.02 (Prohibited sexual conduct), Penal Code,
if the defendant was a person 18 years of age or older at the
time of the violation;
(B) a conviction for a violation of Section
43.03 (Promotion of prostitution), 43.04 (Aggravated promotion of
prostitution), 43.05 (Compelling prostitution), 43.23 (Obscenity),
43.25 (Sexual performance by a child), or 43.26 (Possession or
promotion of child pornography), Penal Code;
(4) In SECTION 1 of the bill, in proposed Article 62.01(5),
Code of Criminal Procedure, strike Paragraph (E) (house committee
printing, page 2, lines 22-23), and substitute the following:
(E) the second conviction for a violation of
Section 21.07(a)(4) (Public lewdness), 21.08 (Indecent exposure),
43.22 (Obscene display or distribution), 43.24 (Sale, distribution,
or display of harmful material to minor), or 43.251 (Employment
harmful to children), Penal Code;
(5) In SECTION 1 of the bill, strike proposed Articles
62.01(5)(I) and (J), Code of Criminal Procedure (house committee
printing, page 3, lines 11-18), and substitute the following:
(I) a conviction under the laws of another state
or the Uniform Code of Military Justice for an offense containing
elements that are substantially similar to the elements of an
offense listed under Paragraph (A), (B), (C), (D), or (F) <of this
subdivision>; or
(J) the second conviction under the laws of
another state or the Uniform Code of Military Justice for an
offense containing elements that are substantially similar to the
elements of an <the> offense listed in Paragraph (E) <of indecent
exposure>.
(6) In SECTION 1 of the bill, in proposed Article 62.03(a),
Code of Criminal Procedure (house committee printing, page 7, lines
7-8), between "institution," and "an official", insert "the Texas
Department of Criminal Justice or Texas Youth Commission, as
appropriate, shall determine the person's level of risk to the
community and assign to the person a risk level using criteria
established by the department or commission, as appropriate, and".
(7) In SECTION 1 of the bill, in proposed Article 62.03(b),
Code of Criminal Procedure (house committee printing, page 8, line
25), between "form" and "to the department", insert "and risk
level".
(8) In SECTION 1 of the bill, in proposed Article 62.03,
Code of Criminal Procedure, strike Subsection (c) (house committee
printing, page 9, lines 10-24), and substitute the following:
(c) If a person who is subject to registration under this
chapter <article> receives an order deferring adjudication, placing
the person on juvenile probation or community supervision, or
imposing only a fine, the court pronouncing the order or sentence
shall determine the person's risk level based on a recommendation
submitted to the court under Subsection (d) and ensure that the
prerelease notification and registration requirements specified in
this article <section> are conducted on the day of entering the
order or sentencing. If a representative of a community
supervision and corrections department or juvenile probation
department <representative> is available in court at the time a
court pronounces an order or <a> sentence under this subsection
<of deferred adjudication or community supervision>, the
representative shall immediately obtain the person's risk level
from the court and conduct the prerelease notification and
registration requirements specified in this article <section>. In
any other case in which the court pronounces an order or <a>
sentence under this subsection, the court shall designate another
appropriate individual to obtain the person's risk level from the
court and conduct the prerelease notification and registration
requirements specified in this article <section>.
(d) On request by a court, a representative of a community
supervision and corrections department or juvenile probation
department shall submit to the court a recommendation as to the
appropriate risk level for a person who may be subject to
registration under this chapter. The representative shall
determine that risk level using the applicable risk assessment
instrument developed under this subsection. The Texas Department
of Criminal Justice, Texas Youth Commission, Texas Juvenile
Probation Commission, and Council on Sex Offender Treatment shall
consult and develop a standard risk assessment instrument for
adults and a standard risk assessment instrument for juveniles to
be used in determining risk levels under this subsection.
(9) In SECTION 1 of the bill, in proposed Article 62.03(d),
Code of Criminal Procedure (house committee printing, page 9, line
25), strike "(d)" and substitute "(e) <(d)>".
(10) In SECTION 1 of the bill, in proposed Article 62.03(e),
Code of Criminal Procedure (house committee printing, page 10, line
11), strike "(e)" and substitute "(f) <(e)>".
(11) In SECTION 1 of the bill, in proposed Article 62.03(f),
Code of Criminal Procedure, as relettered by this amendment
(formerly proposed Article 62.03(e)) (house committee printing,
page 10, lines 15-19), strike the language that appears between "If
the" and "an offense under Section 25.02, Penal Code" and
substitute "<victim is a child younger than 17 years of age and
the> basis on which the person is subject to registration is <not
an adjudication of delinquent conduct or a deferred adjudication
and is not> a conviction for a felony offense listed in Article
62.01(5), other than".
(12) In SECTION 1 of the bill, in proposed Article 62.03(f),
Code of Criminal Procedure, as relettered by this amendment
(formerly proposed Article 62.03(e)), (house committee printing,
page 10, line 25, to page 11, line 1), strike "If the victim is a
child younger than 17 years of age, regardless" and substitute
"Regardless <If the victim is a child younger than 17 years of
age, regardless>".
(13) In SECTION 1 of the bill, in proposed Article 62.03(f),
Code of Criminal Procedure, as relettered by this amendment
(formerly proposed Article 62.03(e)) (house committee printing,
page 11, lines 4-7), strike the language that appears between
"administrator of any private" and the period at the end of the
sentence, and substitute "primary or secondary school located in
the public school district in which the person subject to
registration intends to reside by mail to the <district> office of
the superintendent or administrator, as applicable. Regardless of
the basis on which a person is subject to registration, if the
authority knows that the person subject to registration intends to
work at an address in a school district other than the school
district in which the person intends to reside, the authority shall
immediately provide notice to the superintendent of public schools
of the school district in which the person intends to work by mail
to the district office. Not later than the 14th day after receipt
of a notice under this subsection, the superintendent or
administrator shall release the information contained in the notice
to appropriate school district or private school personnel, as
applicable, including any peace officers and security personnel,
principals, nurses, and counselors".
(14) In SECTION 1 of the bill, in proposed Article 62.03(f),
Code of Criminal Procedure (house committee printing, page 11, line
8), strike "(f)" and substitute "(g) <(f)>".
(15) In SECTION 1 of the bill, in proposed Article 62.03(g),
Code of Criminal Procedure (house committee printing, page 11, line
16), strike "(g)" and substitute "(h) <(g)>".
(16) In SECTION 1 of the bill, in proposed Article 62.04(f),
Code of Criminal Procedure (house committee printing, page 14,
lines 5-9), strike the language that appears between "If the" and
"an offense under Section 25.02, Penal Code" and substitute
"<victim is a child younger than 17 years of age and the> basis on
which the person is subject to registration is <not an
adjudication of delinquent conduct or a deferred adjudication and
is not> a conviction for a felony offense listed in Article
62.01(5), other than".
(17) In SECTION 1 of the bill, in proposed Article 62.04(f),
Code of Criminal Procedure (house committee printing, page 14,
lines 15-16), strike "If the victim is a child younger than 17
years of age, regardless" and substitute "Regardless <If the victim
is a child younger than 17 years of age, regardless>".
(18) In SECTION 1 of the bill, in proposed Article 62.04(f),
Code of Criminal Procedure (house committee printing, page 14,
lines 19-23), strike the language that appears between
"administrator of any private" and the period at the end of the
sentence, and substitute "primary or secondary school located in
the public school district in which the person subject to
registration intends to reside by mail to the <district> office of
the superintendent or administrator, as applicable. Regardless of
the basis on which a person is subject to registration, if the
authority knows that the person subject to registration intends to
work at an address in a school district other than the school
district in which the person intends to reside, the authority shall
immediately provide notice to the superintendent of public schools
of the school district in which the person intends to work by mail
to the district office. Not later than the 14th day after receipt
of a notice under this subsection, the superintendent or
administrator shall release the information contained in the notice
to appropriate school district or private school personnel, as
applicable, including any peace officers and security personnel,
principals, nurses, and counselors".
(19) 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), after Subsection (b), insert the
following:
(c) A person subject to registration under this chapter
shall report to the local law enforcement authority with whom the
person is registered not later than January 15 of each year to
verify the information in the registration form maintained by the
authority for that person. The authority shall require the person
to produce proof of the person's identity and residence before the
authority gives the registration form to the person for
verification. If the information in the registration form is
accurate, the person shall verify registration by signing the form.
If the information is not accurate, the person shall make any
necessary corrections before signing the form.
(20) In SECTION 1 of the bill, in proposed Article 62.08(a),
Code of Criminal Procedure (house committee printing, page 18, line
8), between "chapter" and "<article>", insert "and the risk level
assigned to the person under this chapter".
(21) In SECTION 1 of the bill, in proposed Article 62.08,
Code of Criminal Procedure (house committee printing, at the bottom
of page 18), after Subsection (c), insert the following:
(d) On the written request of a licensing authority that
identifies an individual and states that the individual is an
applicant for or a holder of a license issued by the authority, the
department shall release any information described by Subsection
(a) to the licensing authority.
(e) For the purposes of Subsection (d):
(1) "License" means a license, certificate,
registration, permit, or other authorization that:
(A) is issued by a licensing authority; and
(B) a person must obtain to practice or engage
in a particular business, occupation, or profession.
(2) "Licensing authority" means a department,
commission, board, office, or other agency of the state or a
political subdivision of the state that issues a license.
(f) A private primary or secondary school or administrator
of a private primary or secondary school may release to the public
information regarding a person required to register if the
information is public information under this chapter and is
released to the administrator under Article 62.03 or 62.04 of this
chapter. A private primary or secondary school or administrator of
a private primary or secondary school is not liable under any law
for damages arising from conduct authorized by this subsection.
(22) In SECTION 1 of the bill, in proposed Article 62.10(b),
Code of Criminal Procedure (house committee printing, page 19,
lines 24-25), strike "state jail felony" and substitute "felony of
the third degree".
(23) In SECTION 1 of the bill, in proposed Article 62.10(c),
Code of Criminal Procedure (house committee printing, page 20, line
4), strike "felony of the third degree" and substitute "felony of
the second <third> degree".
(24) In SECTION 1 of the bill, strike proposed Articles
62.11 and 62.12, Code of Criminal Procedure (house committee
printing, page 20, line 5, to page 22, line 11), and substitute the
following:
Art. 62.11 <Sec. 8>. APPLICABILITY <EXEMPTIONS>. <(a)> This
chapter <article> applies only to a reportable conviction or
adjudication<:>
<(1)> occurring on or after<:>
<(A)> September 1, 1970, except that the
provisions of Article 62.03 and Article 62.04 relating to the
requirement of newspaper publication apply only to:
(1) a reportable conviction or adjudication occurring
on or after September 1, 1997, if the conviction or adjudication
relates to:
(A) an offense under Section 21.07, 43.03,
43.04, 43.05, 43.22, 43.23, 43.24, or 43.251, Penal Code; or
(B) an offense in which the victim is a person
17 years of age or older; or
(2) a reportable conviction or adjudication occurring
on or after September 1, 1995, if the conviction or adjudication is
not a conviction or adjudication described by Subdivision (1)
<1991, if the conviction is for or the adjudication is based on an
offense listed in Section 1(5)(A) of this article;>
<(B) September 1, 1993, if the conviction is for
or the adjudication is based on an offense listed in Section
1(5)(B) of this article; or>
<(C) September 1, 1995, if the conviction is for
an offense described under Section 1(5)(C), (D), (E), (F), (I), or
(J) of this article; or>
<(2) for which an order of deferred adjudication is
entered by the court on or after September 1, 1993>.
<(b) A person who has a reportable conviction or
adjudication may petition a district judge in the county where the
person resides or intends to reside for an exemption from this
article. If the person shows good cause, the district judge shall
grant the exemption.>
Art. 62.12 <Sec. 9>. EXPIRATION OF DUTY TO REGISTER.
(a) The duty to register for a person with a reportable
conviction or adjudication <under Section 1(5)(D) of this article>
ends when the person dies unless, before death, the duty to
register ended under Subsection (d).
(b) The duty to register for a person with a reportable
conviction or adjudication under Article 62.01(5)(A), (B), (F),
(G), (H), or (I) based on an offense under Section 25.02 or 43.03,
Penal Code, an attempt, conspiracy, or solicitation to commit an
offense under Section 25.02 or 43.03, Penal Code, or an offense
containing elements substantially similar to an offense under
Section 25.02 or 43.03, Penal Code, ends as provided by Subsection
(d).
(c) The duty to register for a person with a reportable
conviction or adjudication under Article 62.01(5)(E), (G), or (J)
based on two violations of an offense under Section 21.07(a)(4),
21.08, 43.22, 43.24, or 43.251, Penal Code, or two violations of an
offense containing elements substantially similar to an offense
under Section 21.07(a)(4), 21.08, 43.22, 43.24, or 43.251, Penal
Code, ends as provided by Subsection (d).
(d) The duty to register for a person with a reportable
conviction or adjudication described by Subsection (b) or (c) ends:
(1) if the person's duty to register is based on an
adjudication of delinquent conduct, on the 10th anniversary of the
date on which<:>
<(1) the person ceases to be under the supervision of
the Texas Youth Commission, if the person was committed to the
Texas Youth Commission other than under a determinate sentence;>
<(2) the person is discharged from the Texas Youth
Commission or the Texas Department of Criminal Justice, whichever
date is later, if the person was committed to the Texas Youth
Commission under a determinate sentence; or>
<(3)> the disposition is made or the person completes
the terms of the disposition, whichever date is later; or
(2) if the person's duty to register is based on a
conviction or on an order of deferred adjudication, <if the person
received a disposition that did not include a commitment to the
Texas Youth Commission.>
<(b) The duty to register for a person with a reportable
conviction, other than a conviction for a violation of Section
21.11(a)(1), 22.021, or 43.25, Penal Code, ends> on the 10th
anniversary of the date on which the court dismisses the criminal
proceedings against the person and discharges the person, the
person is released from county jail, <the institutional division
of the Texas Department of Criminal Justice> or the person
discharges <parole or> community supervision, whichever date is
later.
<(c) The duty to register for a person with a reportable
conviction or adjudication based on an order of deferred
adjudication under Section 1(5)(E) of this article, other than an
order of deferred adjudication for a violation of Section
21.11(a)(1), 22.021, or 43.25, Penal Code, ends on the 10th
anniversary of the date on which:>
<(1) the court dismisses the criminal proceedings
against the person and discharges the person; or>
<(2) the person is released from the institutional
division of the Texas Department of Criminal Justice or the person
discharges parole or community supervision, if the court proceeded
to final adjudication in the case.>
(25) In SECTION 11(a) of the bill (house committee printing,
page 30, lines 13-16), strike the language that appears between
"(a) The" and "only to" and substitute "changes in law made by
this Act to Articles 62.11 and 62.12, Code of Criminal Procedure,
as redesignated and amended by this Act (formerly Sections 8(a) and
9, Article 6252-13c.1, Revised Statutes, respectively), apply".
(26) In SECTION 11(b) of the bill (house committee printing,
page 31, lines 8-10), strike the language that appears between "in
effect under" and "redesignated" and substitute "Sections 8(a) and
9, Article 6252-13c.1, Revised Statutes, before those sections
were".