SGN C.S.H.B. 489 75(R)BILL ANALYSIS


CORRECTIONS
C.S.H.B. 489
By: Allen
4-10-97
Committee Report (Substituted)

BACKGROUND 

Since 1991 Texas has required registration of persons convicted of, or
given deferred adjudication for, indecency with a child, sexual assault,
prohibited sexual conduct, performance by a child and possession of
pornography or those persons who receive a fourth conviction for indecent
exposure. 

PURPOSE

C.S.H.B. 489 will expand protections and information available to the
public initiated in the 74th Session by requiring lifetime registration
for certain offenses and assigning risks levels to sex offenders upon
registration.  

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency or
institution. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 1 (4) and (5), Article 6252-13c.1 (Sexual
Offender Registration Program), Revised Statutes, as follows: 

(4) Adds "placed in a nonsecure community program for juvenile offenders,"
or placed on "juvenile probation, community supervision," to the
definition of "Released". 

(5)  Adds that a "Reportable conviction or adjudication" is a conviction
or adjudication, regardless of the pendency of an appeal.  Adds language
providing that if the defendant was a person 18 years of age or older at
the time of the violation of Section 25.02 (Prohibited sexual conduct),
Penal Code then that is a reportable conviction or adjudication.  Also
adds convictions for violations of  Sec. 43.03 (Promotion of
prostitution), Sec. 43.04 (Aggravated promotion of prostitution), Sec.
43.05 (Compelling prostitution), Sec. 43.23 (Obscenity), Penal Code to the
definition of  "Reportable conviction or adjudication."  Adds the second
conviction for a violation of Section 21.07(a)(4) (Public lewdness), Sec.
43.22 (Obscene display or distribution), and Sec. 43.251 (Employment
harmful to children), Penal Code to the definition of "Reportable
conviction or adjudication".  Adds that the second conviction under the
laws of another state for an offense containing elements substantially
similar to the elements of the offenses of public lewdness, indecent
exposure, obscene display or distribution, employment harmful to children
to the definition of "Reportable conviction or adjudication".     

SECTION 2.  Amends Section 2 (e), Article 6252-13c.1, Revised Statutes, to
delete references to how a person is released and to add a juvenile
probation officer to the list of people the person shall provide their
temporary address. 
  
SECTION 3.  Amends Section 3, Article 6252-13c.1, Revised Statutes, as
follows: 

  Sec. 3.  PRERELEASE NOTIFICATION.

(a)  Requires the Texas Department of Criminal Justice, or the Texas Youth
Commission, as appropriate, before a person required to register under
this article is due to be released from a  penal institution, to determine
the person's level of risk to the community and assign the person a risk
level using criteria established by the department or commission.  Deletes
reference to how a person is released and adds juvenile probation officer
to the list people that the person may report to.   

(b)  Requires that the risk level be sent with the person's registration
form to the DPS and other appropriate people.  

(c)  Provides that if a person who is subject to registration receives an
order deferring adjudication, placing the person on juvenile probation or
community supervision, or imposing only a fine, the court shall determine
the person's risk level based on a recommendation submitted to the court
under Subsection (d) of this section.  Provides that if a representative
from the community supervision and corrections department or juvenile
probation department is in court at the time a court pronounces an order
or sentence under this subsection, they shall obtain the person's risk
level from the court and conduct the prerelease notification and
registration requirements specified in this section.  In any other case,
the court shall designate another appropriate individual to obtain the
person's risk level from the court. 

(d)  Requires a representative of a community supervision and corrections
department or juvenile probation department, on request by a court, to
submit to the court a recommendation as to the appropriate risk level for
a person who may be subject to registration under this article.  Requires
the representative to determine that risk level using the applicable risk
assessment instrument developed under this subsection.  Requires the TDCJ,
TYC, TJPC, and Council on Sex Offender Treatment to consult and develop a
standard risk assessment instrument for adults and a standards risk
assessment instrument for juveniles to be used in determining risk levels. 

(e)  Reletters the section.

(f)  Reletters the section and conforms the lettering for previous
subsections of this section. Requires local law enforcement authorities to
publish notice in newspaper if the basis of registration is a conviction
for a felony offense listed in Section 1 (5) of this article, other than
an offense under Section 25.02, Penal Code.  For notification of school
superintendents, the basis on which the person is subject to registration
does not matter. 

(g)  Reletters the section.

(h)  Reletters the section.

SECTION 4.  Amends Section 4(a), (b), (e), and (f), Article 6252-13c.1,
Revised Statutes, as follows: 

(a)  Adds juvenile probation officer to the list of people that may
supervise a person and to whom the person should provide their anticipated
move date and new address. 

(b)  Adds juvenile probation officer to the list of people that may
supervise a person and are required to forward notice of the person's
anticipated move date and new address to the local law enforcement
authorities with whom the person last registered. 

(e)  Adds juvenile probation officer to the list of people that may
supervise a person and to whom the person shall report weekly during any
period in which the person has not moved to an intended residence. 

(f)  Provides that if the person moves to another municipality or county
in this state, the local law enforcement authority is required to publish
notice in the newspaper if the basis of registration is a conviction for a
felony offense listed in Section 1(5) of this article, other than an
offense under Section 25.02, Penal Code.  Notice shall be provided to the
superintendent of public schools regardless of the basis on which the
person is subject to registration. 

SECTION 5.  Amends Section 5(a), Article 6252-13c.1, Revised Statutes to
add the risk level  assigned to a person be included in the computerized
central database. 

SECTION 6.  Amends Section 7, Article 6252-13c.1, Revised Statutes, to
provide that a person commits an offense if the person is required to
register and fails to comply with any requirement of this article.
Provides that failure to register is a felony of the third degree.  Also
provides that if it is shown at trial for an offense under this section
that the person has been previously convicted of an offense under this
section, the person shall be punished for second degree felony. 

SECTION 7.  Amends Section 8, Article 6252-13c.1, Revised Statutes as
follows: 

Sec. 8.  APPLICABILITY; EXEMPTIONS.  

(a)  Provides that this article applies only to a reportable conviction or
adjudication occurring on or after September 1, 1970, except that the
provisions of Section 3 and Section 4 of this article relating to the
requirement of newspaper publication apply only to:  a reportable
conviction or adjudication occurring on or after September 1, 1997, if the
conviction or adjudication relates to an offense under Section 21.07,
43.02, 43.03, 43.04, 43.05, 43.22, 43.23, or 43.251, Penal Code; or an
offense in which the victim is a person 17 years of age or older; or a
reportable conviction or adjudication occurring on or after September 1,
1995, if the conviction or adjudication is not a conviction or
adjudication described above. 

(b)  Allows a person who has a reportable conviction or adjudication for
which the person is subject to registration under this article to petition
a district judge in the county where the person resides or intends to
reside for an exemption from this article.  Allows the judge, after a
hearing on the matter, to grant the exemption if the person proves by a
preponderance of the evidence specific facts indicating that registration
under this article would place the person's health and well-being in
immediate danger. 

SECTION 8.  Amends Section 9, Article 6252-13c.1, Revised Statutes, as
follows: 

Sec. 9.  EXPIRATION OF DUTY TO REGISTER. 

(a)  Provides that the duty to register for a person with a reportable
conviction or adjudication ends when the person dies unless, before death,
the duty to register ended under Subsection (d). 

(b)  Provides that the duty to register for a person with a reportable
conviction or adjudication under Section 1 (5) (A), (B), (F), (G), (H), or
(I) of this article 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) of this section. 

(c)  Provides that the duty to register for a person with a reportable
conviction or adjudication under Section 1(5)(E), (G), or (J) of this
article based on two violations of an offense under Section 21.07(a)(4),
21.08, 43.22, or 43.251, Penal Code, or two violations of an offense
containing elements substantially similar to these offenses ends as
provided by Subsection (d) of this section. 

(d)  Provides that the duty to register for a person with a reportable
conviction or adjudication described by Subsection (b) or (c) of this
section ends: 

(1)  if the person's duty to register is based on an adjudication of
delinquent conduct on the tenth anniversary of the date on which 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, 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, or the
person discharges community supervision, whichever date is later. 
 
SECTION 9.  Repeals Section 2(d), Article 6252-13c.1, Revised Statutes, as
added by Section 1, Chapter 676, Acts of the 74th Legislature, Regular
Session. 

SECTION 10.  Provides that the changes in law made by this Act to Section
7, Article 625213c.1, Revised Statutes, applies only to offenses committed
on or after the effective date of this Act. 

SECTION 11.  Provides that the changes in law made by this Act to Section
8(a) and 9, Article 6252-13c.1, Revised Statutes, apply only to a
defendant who, with respect to an offense listed in Section 1(5), Article
6252-13c.1, Revised Statutes, on or after the effective date of this Act
is confined in a penal institution or is under the supervision and control
of a juvenile probation office or an agency or entity operating under
contract with a juvenile probation office, a community supervision and
corrections department, or the pardons and paroles division of TDCJ.
Provides that a defendant who, on the effective date of this Act, is not
in a penal institution or under the supervision of a juvenile probation
office, a community supervision and corrections department or the pardons
and paroles division, is covered by the law in effect under Section 8(a)
and 9, Article 6252-13c.1, Revised Statutes, before those sections were
amended by this Act. 

SECTION 12.  Effective date:  September 1, 1997.

SECTION 13.  Emergency clause.

COMPARISON OF ORIGINAL TO SUBSTITUTE

The substitute amends the definition of "released" by adding the words
"placed in a nonsecure community program for juvenile offenders".
Throughout the substitute, language is provided to add juvenile probation
officers to the list of available officers.   

The substitute adds the offenses of promotion of prostitution, aggravated
promotion of prostitution, compelling prostitution, and obscenity to the
definition of reportable conviction or adjudication and deletes the
offenses of public lewdness and sale, distribution, or display of harmful
material to a minor from this definition.  The substitute provides that
the second conviction for a violation of public lewdness (Sec.
21.07(a)(4), Penal Code), obscene display or distribution, or employment
harmful to children is a reportable conviction or adjudication. 

The original bill required the Board of Pardons and Paroles to determine a
person's level of risk to the community and assign to the person a numeric
risk level using specific guidelines outlined in the original bill.  The
substitute requires the Department of Criminal Justice or Texas Youth
Commission to 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.   

The substitute adds a new subsection which requires a representative of a
CSCD or juvenile probation department to submit to the court, upon request
by the court, a recommendation as to the appropriate risk level for a
person who may be subject to registration. Requires this representative to
determine this level by using applicable risk assessment instrument
developed by TDCJ, TYC, TJPC and Council on Sex Offender Treatment. 

The original bill required, in addition to information currently required,
the person's full name, race, a statement indicating whether the victim
was a person younger than 17 years of age at the time of the commission of
the offense, and the person's numeric risk level be published in a
newspaper.  The substitute maintains the current language regarding
publishing information in a newspaper. 

C.S.H.B. 489 adds new language which makes the act retroactive for
registration requirements, but not notification in the newspaper.
Language is added to require a defendant to prove beyond a preponderance
of evidence that registration under this article would place them in
immediate danger before being granted an exemption.