By Allen, Woolley, Culberson, McClendon, H.B. No. 489
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the applicability of a sexual offender registration
1-3 program to certain defendants and to the procedures used to
1-4 register and monitor sex offenders.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Sections 1(4) and (5), Article 6252-13c.1,
1-7 Revised Statutes, are amended to read as follows:
1-8 (4) "Released" means discharged, paroled, placed in a
1-9 nonsecure community program for juvenile offenders, or placed on
1-10 juvenile probation, community supervision, or mandatory
1-11 supervision.
1-12 (5) "Reportable conviction or adjudication" means a
1-13 conviction or adjudication, regardless of the pendency of an
1-14 appeal, that is:
1-15 (A) a conviction for violation of Section 21.11
1-16 (Indecency with a child), 22.011 (Sexual assault), or 22.021
1-17 (Aggravated sexual assault), Penal Code, or a conviction for a
1-18 violation of Section 25.02 (Prohibited sexual conduct), Penal Code,
1-19 if the defendant was a person 18 years of age or older at the time
1-20 of the violation;
1-21 (B) a conviction for violation of Section 43.03
1-22 (Promotion of prostitution), 43.04 (Aggravated promotion of
1-23 prostitution), 43.05 (Compelling prostitution), 43.23 (Obscenity),
1-24 43.25 (Sexual performance by a child), or 43.26 (Possession or
1-25 promotion of child pornography), Penal Code;
2-1 (C) a conviction for a violation of Section
2-2 20.04(a)(4) (Aggravated kidnapping), Penal Code, if the defendant
2-3 committed the offense with intent to violate or abuse the victim
2-4 sexually;
2-5 (D) a conviction for a violation of Section
2-6 30.02 (Burglary), Penal Code, if the offense is punishable under
2-7 Subsection (d) of that section and the defendant committed the
2-8 offense with intent to commit a felony listed in Paragraph (A) or
2-9 (C) of this subdivision;
2-10 (E) the second conviction for a violation of
2-11 Section 21.07(a)(4) (Public lewdness), 21.08 (Indecent exposure),
2-12 43.22 (Obscene display or distribution), or 43.251 (Employment
2-13 harmful to children), Penal Code;
2-14 (F) a conviction for an attempt, conspiracy, or
2-15 solicitation, as defined by Chapter 15, Penal Code, to commit an
2-16 offense listed in Paragraph (A), (B), (C), or (D) of this
2-17 subdivision;
2-18 (G) an adjudication of delinquent conduct based
2-19 on a violation of one of the offenses listed in Paragraph (A), (B),
2-20 (C), (D), or (F) of this subdivision or for which two violations of
2-21 the offenses listed in Paragraph (E) of this subdivision are shown;
2-22 (H) a deferred adjudication for an offense
2-23 listed in Paragraph (A), (B), (C), (D), or (F) of this subdivision;
2-24 (I) a conviction under the laws of another state
2-25 or the Uniform Code of Military Justice for an offense containing
2-26 elements that are substantially similar to the elements of an
2-27 offense listed under Paragraph (A), (B), (C), (D), or (F) of this
3-1 subdivision; or
3-2 (J) the second conviction under the laws of
3-3 another state or the Uniform Code of Military Justice for an
3-4 offense containing elements that are substantially similar to the
3-5 elements of an [the] offense listed in Paragraph (E) of this
3-6 subdivision [indecent exposure].
3-7 SECTION 2. Section 2(e), Article 6252-13c.1, Revised
3-8 Statutes, is amended to read as follows:
3-9 (e) If a person subject to registration under this article
3-10 does not move to an intended residence by the end of the seventh
3-11 day after the date on which the person is released [on community
3-12 supervision, parole, or mandatory supervision] or the date on which
3-13 the person leaves a previous residence, the person shall:
3-14 (1) report to the juvenile probation officer,
3-15 community supervision and corrections department officer, or [the]
3-16 parole officer supervising the person by not later than the seventh
3-17 day after the date on which the person is released or the date on
3-18 which the person leaves a previous residence, as applicable, and
3-19 provide the officer with the address of the person's temporary
3-20 residence; and
3-21 (2) continue to report to the person's supervising
3-22 officer not less than weekly during any period of time in which the
3-23 person has not moved to an intended residence and provide the
3-24 officer with the address of the person's temporary residence.
3-25 SECTION 3. Section 3, Article 6252-13c.1, Revised Statutes,
3-26 is amended to read as follows:
3-27 Sec. 3. PRERELEASE NOTIFICATION. (a) Before a person who
4-1 will be subject to registration under this article is due to be
4-2 released from a penal institution, the Texas Department of Criminal
4-3 Justice or Texas Youth Commission, as appropriate, shall determine
4-4 the person's level of risk to the community and assign to the
4-5 person a risk level using criteria established by the department
4-6 or commission, as appropriate, and an official of the penal
4-7 institution shall:
4-8 (1) inform the person that:
4-9 (A) not later than the seventh day after the
4-10 date on which the person is released [on community supervision,
4-11 parole, or mandatory supervision] or the date on which the person
4-12 moves from a previous residence to a new residence in this state,
4-13 the person must:
4-14 (i) register or verify registration with
4-15 the local law enforcement authority in the municipality or county
4-16 in which the person intends to reside; or
4-17 (ii) if the person has not moved to an
4-18 intended residence, report to the juvenile probation officer,
4-19 community supervision and corrections department officer, or [the]
4-20 parole officer supervising the person;
4-21 (B) not later than the seventh day before the
4-22 date on which the person moves to a new residence in this state or
4-23 another state, the person must report in person to the local law
4-24 enforcement authority with whom the person last registered and to
4-25 the juvenile probation officer, community supervision and
4-26 corrections department officer, or [the] parole officer supervising
4-27 the person; and
5-1 (C) not later than the 10th day after the date
5-2 on which the person arrives in another state in which the person
5-3 intends to reside, the person must register with the law
5-4 enforcement agency that is identified by the department as the
5-5 agency designated by that state to receive registration
5-6 information, if the other state has a registration requirement for
5-7 sex offenders;
5-8 (2) require the person to sign a written statement
5-9 that the person was informed of the person's duties as described by
5-10 Subdivision (1) of this subsection or, if the person refuses to
5-11 sign the statement, certify that the person was so informed;
5-12 (3) obtain the address where the person expects to
5-13 reside on the person's release and other registration information,
5-14 including a photograph and complete set of fingerprints; and
5-15 (4) complete the registration form for the person.
5-16 (b) On the seventh day before the date on which a person who
5-17 will be subject to registration under this article is due to be
5-18 released from a penal institution, or on receipt of notice by a
5-19 penal institution that a person who will be subject to registration
5-20 under this article is due to be released in less than seven days,
5-21 an official of the penal institution shall send the person's
5-22 completed registration form and risk level to the department and
5-23 to:
5-24 (1) the applicable local law enforcement authority in
5-25 the municipality or county in which the person expects to reside,
5-26 if the person expects to reside in this state; or
5-27 (2) the law enforcement agency that is identified by
6-1 the department as the agency designated by another state to receive
6-2 registration information, if the person expects to reside in that
6-3 other state and that other state has a registration requirement for
6-4 sex offenders.
6-5 (c) If a person who is subject to registration under this
6-6 article receives an order deferring adjudication, placing the
6-7 person on juvenile probation or community supervision, or imposing
6-8 only a fine, the court pronouncing the order or sentence shall
6-9 determine the person's risk level based on a recommendation
6-10 submitted to the court under Subsection (d) of this section and
6-11 ensure that the prerelease notification and registration
6-12 requirements specified in this section are conducted on the day of
6-13 entering the order or sentencing. If a representative of a
6-14 community supervision and corrections department or juvenile
6-15 probation department [representative] is available in court at the
6-16 time a court pronounces an order or [a] sentence under this
6-17 subsection [of deferred adjudication or community supervision], the
6-18 representative shall immediately obtain the person's risk level
6-19 from the court and conduct the prerelease notification and
6-20 registration requirements specified in this section. In any other
6-21 case in which the court pronounces an order or [a] sentence under
6-22 this subsection, the court shall designate another appropriate
6-23 individual to obtain the person's risk level from the court and
6-24 conduct the prerelease notification and registration requirements
6-25 specified in this section.
6-26 (d) On request by a court, a representative of a community
6-27 supervision and corrections department or juvenile probation
7-1 department shall submit to the court a recommendation as to the
7-2 appropriate risk level for a person who may be subject to
7-3 registration under this article. The representative shall
7-4 determine that risk level using the applicable risk assessment
7-5 instrument developed under this subsection. The Texas Department
7-6 of Criminal Justice, Texas Youth Commission, Texas Juvenile
7-7 Probation Commission, and Council on Sex Offender Treatment shall
7-8 consult and develop a standard risk assessment instrument for
7-9 adults and a standard risk assessment instrument for juveniles to
7-10 be used in determining risk levels under this subsection.
7-11 (e) [(d)] If a person who has a reportable conviction for an
7-12 offense described under Section 1(5)(I) or (J) of this article is
7-13 placed under the supervision of the pardons and paroles division of
7-14 the Texas Department of Criminal Justice or a community supervision
7-15 and corrections department under Article 42.11, Code of Criminal
7-16 Procedure, the division or community supervision and corrections
7-17 department shall conduct the prerelease notification and
7-18 registration requirements specified in this section on the date the
7-19 person is placed under the supervision of the division or community
7-20 supervision and corrections department.
7-21 (f) [(e)] Not later than the eighth day after receiving a
7-22 registration form under Subsection (b), (c), or (e) [(d)] of this
7-23 section, the local law enforcement authority shall verify the age
7-24 of the victim and the basis on which the person is subject to
7-25 registration under this article. If the [victim is a child younger
7-26 than 17 years of age and the] basis on which the person is subject
7-27 to registration is [not an adjudication of delinquent conduct or a
8-1 deferred adjudication and is not] a conviction for a felony offense
8-2 listed in Section 1(5) of this article, other than an offense under
8-3 Section 25.02, Penal Code, the authority shall immediately publish
8-4 notice in English and Spanish in at least one newspaper of general
8-5 circulation in the county in which the person subject to
8-6 registration intends to reside. The authority shall publish a
8-7 duplicate notice in the newspaper, with any necessary corrections,
8-8 during the week immediately following the week of initial
8-9 publication. Regardless [If the victim is a child younger than 17
8-10 years of age, regardless] of the basis on which the person is
8-11 subject to registration, the authority shall immediately provide
8-12 notice to the superintendent of the public [schools of the] school
8-13 district and to the administrator of any private primary or
8-14 secondary school located in the public school district in which the
8-15 person subject to registration intends to reside by mail to the
8-16 [district] office of the superintendent or administrator, as
8-17 applicable. Not later than the 14th day after receipt of a notice
8-18 under this subsection, the superintendent or administrator shall
8-19 release the information contained in the notice to appropriate
8-20 school district or private school personnel, as applicable,
8-21 including any peace officers and security personnel, principals,
8-22 nurses, and counselors. Regardless of the basis on which a person
8-23 is subject to registration, if the authority knows that the person
8-24 subject to registration intends to work at an address in a school
8-25 district other than the school district in which the person intends
8-26 to reside, the authority shall immediately provide notice to the
8-27 superintendent of public schools of the school district in which
9-1 the person intends to work by mail to the district office.
9-2 (g) [(f)] The local law enforcement authority shall include
9-3 in the notice by publication in a newspaper the following
9-4 information only:
9-5 (1) the person's age and gender;
9-6 (2) a brief description of the offense for which the
9-7 person is subject to registration; and
9-8 (3) the municipality, street name, and zip code number
9-9 where the person intends to reside.
9-10 (h) [(g)] The local law enforcement authority shall include
9-11 in the notice to the superintendent of public schools any
9-12 information the authority determines is necessary to protect the
9-13 public, except:
9-14 (1) the person's social security number, driver's
9-15 license number, or telephone number; and
9-16 (2) any information that would identify the victim of
9-17 the offense for which the person is subject to registration.
9-18 SECTION 4. Sections 4(a), (b), (e), and (f), Article
9-19 6252-13c.1, Revised Statutes, are amended to read as follows:
9-20 (a) If a person required to register intends to change
9-21 address, the person shall, not later than the seventh day before
9-22 the intended change, report in person to the local law enforcement
9-23 authority with whom the person last registered and to the juvenile
9-24 probation officer, community supervision and corrections department
9-25 officer, or [the] parole officer supervising the person and
9-26 provide the authority and the officer with the person's anticipated
9-27 move date and new address.
10-1 (b) Not later than the third day after receipt of notice
10-2 under Subsection (a) of this section, the person's juvenile
10-3 probation officer, community supervision and corrections department
10-4 officer, or parole officer shall forward the information provided
10-5 under Subsection (a) of this section to the local law enforcement
10-6 authority with whom the person last registered and, if the person
10-7 intends to move to another municipality or county in this state, to
10-8 the applicable local law enforcement authority in that municipality
10-9 or county.
10-10 (e) If a person who reports to a local law enforcement
10-11 authority under Subsection (a) of this section does not move on or
10-12 before the anticipated move date or does not move to the new
10-13 address provided to the authority, the person shall:
10-14 (1) report to the local law enforcement authority with
10-15 whom the person last registered not later than the seventh day
10-16 after the anticipated move date and provide an explanation to the
10-17 authority regarding any changes in the anticipated move date and
10-18 intended residence; and
10-19 (2) report to the juvenile probation officer,
10-20 community supervision and corrections department officer, or [the]
10-21 parole officer supervising the person not less than weekly during
10-22 any period in which the person has not moved to an intended
10-23 residence.
10-24 (f) If the person moves to another municipality or county in
10-25 this state, the department shall inform the applicable local law
10-26 enforcement authority in the new area of the person's residence not
10-27 later than the third day after the date on which the department
11-1 receives information under Subsection (a) of this section. Not
11-2 later than the eighth day after the date on which the local law
11-3 enforcement authority is informed under Subsection (a) of this
11-4 section or under this subsection, the authority shall verify the
11-5 age of the victim and the basis on which the person is subject to
11-6 registration under this article. If the [victim is a child younger
11-7 than 17 years of age and the] basis on which the person is subject
11-8 to registration is [not an adjudication of delinquent conduct or a
11-9 deferred adjudication and is not] a conviction for a felony offense
11-10 listed in Section 1(5) of this article, other than an offense under
11-11 Section 25.02, Penal Code, the authority shall immediately publish
11-12 notice in English and Spanish in at least one newspaper of general
11-13 circulation in the county in which the person subject to
11-14 registration intends to reside. The local law enforcement
11-15 authority shall publish a duplicate notice in the newspaper, with
11-16 any necessary corrections, during the week immediately following
11-17 the week of initial publication. Regardless [If the victim is a
11-18 child younger than 17 years of age, regardless] of the basis on
11-19 which the person is subject to registration, the authority shall
11-20 immediately provide notice to the superintendent of the public
11-21 [schools of the] school district and to the administrator of any
11-22 private school located in the public school district in which the
11-23 person subject to registration intends to reside by mail to the
11-24 [district] office of the superintendent or administrator, as
11-25 applicable. Not later than the 14th day after receipt of a notice
11-26 under this subsection, the superintendent or administrator shall
11-27 release the information contained in the notice to appropriate
12-1 school district or private school personnel, as applicable,
12-2 including any peace officers and security personnel, principals,
12-3 nurses, and counselors. Regardless of the basis on which a person
12-4 is subject to registration, if the authority knows that the person
12-5 subject to registration intends to work at an address in a school
12-6 district other than the school district in which the person intends
12-7 to reside, the authority shall immediately provide notice to the
12-8 superintendent of public schools of the school district in which
12-9 the person intends to work by mail to the district office.
12-10 SECTION 5. Section 5, Article 6252-13c.1, Revised Statutes,
12-11 is amended by amending Subsection (a) and adding Subsection (f) to
12-12 read as follows:
12-13 (a) The department shall maintain a computerized central
12-14 database containing only the information required for registration
12-15 under this article and the risk level assigned to the person under
12-16 this article.
12-17 (f) A private primary or secondary school or administrator
12-18 of a private primary or secondary school may release to the public
12-19 information regarding a person required to register if the
12-20 information is public information under this article and is
12-21 released to the administrator under Section 3 or Section 4 of this
12-22 article. A private primary or secondary school or administrator of
12-23 a private primary or secondary school is not liable under any law
12-24 for damages arising from conduct authorized by this subsection.
12-25 SECTION 6. Section 5, Article 6252-13c.1, Revised Statutes,
12-26 is amended by adding Subsections (d) and (e) to read as follows:
12-27 (d) On the written request of a licensing authority that
13-1 identifies an individual and states that the individual is an
13-2 applicant for or a holder of a license issued by the authority, the
13-3 department shall release any information described by Subsection
13-4 (a) of this section to the licensing authority.
13-5 (e) For the purposes of Subsection (d) of this section:
13-6 (1) "License" means a license, certificate,
13-7 registration, permit, or other authorization that:
13-8 (A) is issued by a licensing authority; and
13-9 (B) a person must obtain to practice or engage
13-10 in a particular business, occupation, or profession.
13-11 (2) "Licensing authority" means a department,
13-12 commission, board, office, or other agency of the state or a
13-13 political subdivision of the state that issues a license.
13-14 SECTION 7. Article 6252-13c.1, Revised Statutes, is amended
13-15 by adding Section 6 to read as follows:
13-16 Sec. 6. ANNUAL VERIFICATION OF REGISTRATION INFORMATION. A
13-17 person subject to registration under this article shall report to
13-18 the local law enforcement authority with whom the person is
13-19 registered not later than January 15 of each year to verify the
13-20 information in the registration form maintained by the authority
13-21 for that person. The authority shall require the person to produce
13-22 proof of the person's identity and residence before the authority
13-23 gives the registration form to the person for verification. If the
13-24 information in the registration form is accurate, the person shall
13-25 verify registration by signing the form. If the information is not
13-26 accurate, the person shall make any necessary corrections before
13-27 signing the form.
14-1 SECTION 8. Section 7, Article 6252-13c.1, Revised Statutes,
14-2 is amended to read as follows:
14-3 Sec. 7. FAILURE TO REGISTER. (a) A person commits an
14-4 offense if the person is required to register and fails to comply
14-5 with any requirement of this article.
14-6 (b) An offense under this section is a felony of the third
14-7 degree [Class A misdemeanor].
14-8 (c) If it is shown at the trial of a person for an offense
14-9 under this section that the person has previously been convicted of
14-10 an offense under this section, the person shall be punished for a
14-11 felony of the second [third] degree.
14-12 SECTION 9. Section 8, Article 6252-13c.1, Revised Statutes,
14-13 is amended to read as follows:
14-14 Sec. 8. APPLICABILITY; EXEMPTIONS. (a) This article
14-15 applies only to a reportable conviction or adjudication[:]
14-16 [(1)] occurring on or after[:]
14-17 [(A)] September 1, 1970, except that the
14-18 provisions of Section 3 and Section 4 of this article relating to
14-19 the requirement of newspaper publication apply only to:
14-20 (1) a reportable conviction or adjudication occurring
14-21 on or after September 1, 1997, if the conviction or adjudication
14-22 relates to:
14-23 (A) an offense under Section 21.07, 43.03,
14-24 43.04, 43.05, 43.22, 43.23, or 43.251, Penal Code; or
14-25 (B) an offense in which the victim is a person
14-26 17 years of age or older; or
14-27 (2) a reportable conviction or adjudication occurring
15-1 on or after September 1, 1995, if the conviction or adjudication is
15-2 not a conviction or adjudication described by Subdivision (1) of
15-3 this subsection [1991, if the conviction is for or the adjudication
15-4 is based on an offense listed in Section 1(5)(A) of this article;]
15-5 [(B) September 1, 1993, if the conviction is for
15-6 or the adjudication is based on an offense listed in Section
15-7 1(5)(B) of this article; or]
15-8 [(C) September 1, 1995, if the conviction is for
15-9 an offense described under Section 1(5)(C), (D), (E), (F), (I), or
15-10 (J) of this article; or]
15-11 [(2) for which an order of deferred adjudication is
15-12 entered by the court on or after September 1, 1993].
15-13 (b) A person who has a reportable conviction or adjudication
15-14 for which the person is subject to registration under this article
15-15 may petition a district judge in the county where the person
15-16 resides or intends to reside for an exemption from this article.
15-17 After a hearing on the matter [If the person shows good cause], the
15-18 district judge may [shall] grant the exemption if the person
15-19 proves by a preponderance of the evidence specific facts indicating
15-20 that registration under this article would place the person's
15-21 health and well-being in immediate danger.
15-22 SECTION 10. Section 9, Article 6252-13c.1, Revised Statutes,
15-23 is amended to read as follows:
15-24 Sec. 9. EXPIRATION OF DUTY TO REGISTER. (a) The duty to
15-25 register for a person with a reportable conviction or adjudication
15-26 [under Section 1(5)(D) of this article] ends when the person dies
15-27 unless, before death, the duty to register ended under Subsection
16-1 (d).
16-2 (b) The duty to register for a person with a reportable
16-3 conviction or adjudication under Section 1(5)(A), (B), (F), (G),
16-4 (H), or (I) of this article based on an offense under Section 25.02
16-5 or 43.03, Penal Code, an attempt, conspiracy, or solicitation to
16-6 commit an offense under Section 25.02 or 43.03, Penal Code, or an
16-7 offense containing elements substantially similar to an offense
16-8 under Section 25.02 or 43.03, Penal Code, ends as provided by
16-9 Subsection (d) of this section.
16-10 (c) The duty to register for a person with a reportable
16-11 conviction or adjudication under Section 1(5)(E), (G), or (J) of
16-12 this article based on two violations of an offense under Section
16-13 21.07(a)(4), 21.08, 43.22, or 43.251, Penal Code, or two violations
16-14 of an offense containing elements substantially similar to an
16-15 offense under Section 21.07(a)(4), 21.08, 43.22, or 43.251, Penal
16-16 Code, ends as provided by Subsection (d) of this section.
16-17 (d) The duty to register for a person with a reportable
16-18 conviction or adjudication described by Subsection (b) or (c) of
16-19 this section ends:
16-20 (1) if the person's duty to register is based on an
16-21 adjudication of delinquent conduct, on the 10th anniversary of the
16-22 date on which[:]
16-23 [(1) the person ceases to be under the supervision of
16-24 the Texas Youth Commission, if the person was committed to the
16-25 Texas Youth Commission other than under a determinate sentence;]
16-26 [(2) the person is discharged from the Texas Youth
16-27 Commission or the Texas Department of Criminal Justice, whichever
17-1 date is later, if the person was committed to the Texas Youth
17-2 Commission under a determinate sentence; or]
17-3 [(3)] the disposition is made or the person completes
17-4 the terms of the disposition, whichever date is later; or
17-5 (2) if the person's duty to register is based on a
17-6 conviction or on an order of deferred adjudication, [if the person
17-7 received a disposition that did not include a commitment to the
17-8 Texas Youth Commission.]
17-9 [(b) The duty to register for a person with a reportable
17-10 conviction, other than a conviction for a violation of Section
17-11 21.11(a)(1), 22.021, or 43.25, Penal Code, ends] on the 10th
17-12 anniversary of the date on which the court dismisses the criminal
17-13 proceedings against the person and discharges the person, the
17-14 person is released from county jail, [the institutional division of
17-15 the Texas Department of Criminal Justice] or the person discharges
17-16 [parole or] community supervision, whichever date is later.
17-17 [(c) The duty to register for a person with a reportable
17-18 conviction or adjudication based on an order of deferred
17-19 adjudication under Section 1(5)(E) of this article, other than an
17-20 order of deferred adjudication for a violation of Section
17-21 21.11(a)(1), 22.021, or 43.25, Penal Code, ends on the 10th
17-22 anniversary of the date on which:]
17-23 [(1) the court dismisses the criminal proceedings
17-24 against the person and discharges the person; or]
17-25 [(2) the person is released from the institutional
17-26 division of the Texas Department of Criminal Justice or the person
17-27 discharges parole or community supervision, if the court proceeded
18-1 to final adjudication in the case.]
18-2 SECTION 11. Section 2(d), Article 6252-13c.1, Revised
18-3 Statutes, as added by Section 1, Chapter 676, Acts of the 74th
18-4 Legislature, Regular Session, 1995, is repealed.
18-5 SECTION 12. The change in law made by this Act to Section 7,
18-6 Article 6252-13c.1, Revised Statutes, applies only to an offense
18-7 committed on or after the effective date of this Act. An offense
18-8 committed before the effective date of this Act is covered by the
18-9 law in effect under Section 7, Article 6252-13c.1, Revised
18-10 Statutes, when the offense was committed, and the former law is
18-11 continued in effect for that purpose. For purposes of this
18-12 section, an offense was committed before the effective date of this
18-13 Act if any element of the offense occurred before that date.
18-14 SECTION 13. (a) The changes in law made by this Act to
18-15 Sections 8(a) and 9, Article 6252-13c.1, Revised Statutes, apply
18-16 only to a defendant who, with respect to an offense listed in
18-17 Section 1(5), Article 6252-13c.1, Revised Statutes, on or after the
18-18 effective date of this Act:
18-19 (1) is confined in a penal institution, as that term
18-20 is defined by Section 1(3), Article 6252-13c.1, Revised Statutes;
18-21 or
18-22 (2) is under the supervision and control of a juvenile
18-23 probation office or an agency or entity operating under contract
18-24 with a juvenile probation office, a community supervision and
18-25 corrections department, or the pardons and paroles division of the
18-26 Texas Department of Criminal Justice.
18-27 (b) A defendant who, on the effective date of this Act, is
19-1 not described by Subsection (a)(1) or (2) of this section is
19-2 covered by the law in effect under Sections 8(a) and 9, Article
19-3 6252-13c.1, Revised Statutes, before those sections were amended by
19-4 this Act, and the former law is continued in effect for that
19-5 purpose.
19-6 SECTION 14. This Act takes effect September 1, 1997.
19-7 SECTION 15. The importance of this legislation and the
19-8 crowded condition of the calendars in both houses create an
19-9 emergency and an imperative public necessity that the
19-10 constitutional rule requiring bills to be read on three several
19-11 days in each house be suspended, and this rule is hereby suspended.