SRC-SLL S.B. 875 75(R)BILL ANALYSIS


Senate Research CenterS.B. 875
By: Shapiro
Criminal Justice
4-8-97
Committee Report (Amended)


DIGEST

The 74th Legislature passed several laws regarding the registration and
adjudication of sex offenders. Since that time, new ideas as well as
enhancements became evident as the laws were practiced within the
community.  This bill will provide additional regulations regarding the
applicability of the sex offender registration program to certain
defendants, the procedures used to register and monitor sex offenders, and
the imposition of criminal penalties. 

PURPOSE

As proposed, S.B. 875 provides additional regulations regarding the
applicability of the sex offender registration program to certain
defendants, the procedures used to register and monitor sex offenders, and
the imposition of criminal penalties. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Article 6252-13.1, V.T.C.S., to redesignate it as
Chapter 62, Code of Criminal Procedure, and amends it, as follows: 

CHAPTER 62.  New heading: SEX OFFENDER REGISTRATION PROGRAM

Art.  62.01.  DEFINITIONS.  Redefines "released" and "reportable
conviction or adjudication."  Makes conforming and nonsubstantive changes. 

Art.  62.02.  REGISTRATION.  Requires the registration form to require an
indication as to whether the person is discharged, paroled, or released on
juvenile probation, community supervision, or mandatory supervision.
Deletes existing text regarding actions to be taken by a court on the day
the court pronounces a sentence for a person who is subject to
registration under this article.  Requires a person who is required to
register or verify registration under this chapter to ensure that the
person's registration form is complete and accurate with respect to each
item of information required by the form in accordance with Subsection
(b).  Deletes a reference to release on community supervision, parole, or
mandatory supervision.  Requires certain persons to report to the juvenile
probation officer within a certain time.   Makes conforming and
nonsubstantive changes. 

Art.  62.03.  PRERELEASE NOTIFICATION.  Requires the local law enforcement
authority to immediately provide notice to the superintendent of the
public school district and to the administrator of any private school
located in the public school district when certain persons move into the
school district.  Makes conforming and nonsubstantive changes. 

Art.  62.04.  CHANGE OF ADDRESS.  Requires a person, if the person
required to register intends to change address, regardless of whether the
person intends to move to another state, to report, within a certain time
period, in person to certain authorities and individuals and provide the
authority and individual with the person's anticipated move date and new
address.  Makes conforming and nonsubstantive changes. 
 
Art.  62.05.  STATUS REPORT BY SUPERVISING OFFICER.  Requires the
supervising officer, if one among certain officers supervising a person
subject to registration under this chapter receives information to the
effect that the person's status has changed in any manner that affects
proper supervision of the person, including certain information, to
promptly notify the appropriate local law enforcement authority or
authorities of that change.  Requires a person's supervising officer, if
the person required to register intends to change address, to notify the
local law enforcement authorities designated by Article 62.04(b). 


Art.  62.06.  LAW ENFORCEMENT VERIFICATION OF REGISTRATION INFORMATION.
Sets forth procedures regarding verification by a local law enforcement
authority of the information in the registration form maintained by the
authority for that person. 

Art.  62.07.  REMEDIES RELATED TO PUBLIC NOTICE.  Makes conforming changes.

Art.  62.08.  CENTRAL DATABASE; PUBLIC INFORMATION.  Provides that the
information contained in the database is public information, with the
exception of any information that is required by the Department of Public
Safety (DPS) under Article 62.02(b)(5).  Makes conforming changes. 

Art.  62.09.  IMMUNITY FOR RELEASE OF PUBLIC INFORMATION.  Authorizes a
private school or administrator of a private school to 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.  Provides that a private
school or administrator of a private school is not liable under any law
for damages arising from conduct authorized by this subsection.  Makes
conforming changes. 

Art.  62.10. New heading: FAILURE TO COMPLY WITH REGISTRATION
REQUIREMENTS.  Provides that a person commits a state jail felony if the
person is required to register and fails to comply with any requirement of
this chapter. 

Art.  62.11.  New heading: APPLICABILITY.  Provides that this chapter
applies only to a reportable conviction or adjudication occurring on or
after September 1, 1991, except that the provisions of Articles 62.03 and
62.04 of this chapter relating to the requirement of newspaper publication
apply only to a reportable conviction or adjudication occurring on or
after September 1, 1995.  Deletes existing text regarding convictions on
or after other dates and exemption from this article.  Makes a conforming
change. 

Art.  62.12.  EXPIRATION OF DUTY TO REGISTER.  Makes conforming changes.

SECTION 2. Amends Section 1, Article 42.01, Code of Criminal Procedure, to
make conforming changes. 

SECTION 3. Amends Section 11(e), Article 42.12, Code of Criminal
Procedure, to make a conforming change. 

SECTION 4. Amends Section 19(g), Article 42.12, Code of Criminal
Procedure, to make conforming changes. 

SECTION 5. Amends Section 8(g), Article 42.18, Code of Criminal Procedure,
to make a conforming change. 

SECTION 6. Amends Section 8(r), Article 42.18, Code of Criminal Procedure,
to make conforming changes. 

SECTION 7. Amends Section 18(b), Article 42.18, Code of Criminal
Procedure, to make a conforming change. 

 SECTION 8. Amends Article 60.051(f), Code of Criminal Procedure, to
require DPS to maintain in the computerized criminal history system any
information DPS maintains in the central database under Article 62.08,
rather than information concerning whether an offender is required to
register under Article 6256-13.1, V.T.C.S. 

SECTION 9. Amends Section 1(4), Article 4512g-1, V.T.C.S., to make a
conforming change. 

SECTION 10. Effective date: September 1, 1997.
  Makes application of Article 62.10, Code of Criminal Procedure, as
redesignated and   amended by this Act, prospective. 

SECTION 11. Makes application of Article 62.11, Code of Criminal
Procedure, as redesignated and amended by this Act, prospective. 

SECTION 12. Requires DPS to take action necessary to ensure that the
requirements of Article 60.051, Code of Criminal Procedure, as amended by
this Act, and Article 62.02(b), Code of Criminal Procedure, as
redesignated and amended by this Act, are satisfied not later than January
1, 1998. 

SECTION 13. Emergency clause.




SUMMARY OF COMMITTEE CHANGES

Amendment 1.

Article 62.01, Code of Criminal Procedure, by striking Paragraphs (A) and
(B) of Subdivision (5) and substituting: 

"(A) a conviction for a violation of Section 21.11 (Indecency with a
child), 22.01 (Sexual assault), 22.021 (Aggravated sexual assault), or
25.02 (Prohibited sexual conduct), Penal Code; 

(B) a conviction for a violation of Section 43.25 (Sexual performance by a
child) or 43.26 (Possession or promotion of child pornography), Penal
Code;". 

Amendment 2.

Strike proposed Article 62.11 and substitute a new Article 62.11,
regarding newspaper publication of a reportable conviction or adjudication
occurring on or after September 1, 1995.