By Allen H.B. No. 489
75R2265 PEP-D
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. Section 1(5), Article 6252-13c.1, Revised
1-7 Statutes, is amended to read as follows:
1-8 (5) "Reportable conviction or adjudication" means:
1-9 (A) a conviction for violation of Section 21.07,
1-10 21.11 [(Indecency with a child)], 22.011 [(Sexual assault)], 22.021
1-11 [(Aggravated sexual assault)], 25.02 [(Prohibited sexual conduct)],
1-12 43.24, [Penal Code;]
1-13 [(B) a conviction for violation of Section]
1-14 43.25, [(Sexual performance by a child)] 43.251, or 43.26
1-15 [(Possession or promotion of child pornography)], Penal Code;
1-16 (B) [(C)] a conviction for a violation of
1-17 Section 20.04(a)(4) [(Aggravated kidnapping)], Penal Code, if the
1-18 defendant committed the offense with intent to violate or abuse the
1-19 victim sexually;
1-20 (C) [(D)] a conviction for a violation of
1-21 Section 30.02 [(Burglary)], Penal Code, if the offense is
1-22 punishable under Subsection (d) of that section and the defendant
1-23 committed the offense with intent to commit a felony listed in
1-24 Paragraph (A) or (B) [(C)] of this subdivision;
2-1 (D) [(E)] the second conviction for a violation
2-2 of Section 21.08 [(Indecent exposure)], Penal Code;
2-3 (E) [(F)] a conviction for an attempt,
2-4 conspiracy, or solicitation, as defined by Chapter 15, Penal Code,
2-5 to commit an offense listed in Paragraph (A), (B), or (C)[, or (D)]
2-6 of this subdivision;
2-7 (F) [(G)] an adjudication of delinquent conduct
2-8 based on a violation of one of the offenses listed in Paragraph
2-9 (A), (B), (C), [(D),] or (E) [(F)] of this subdivision or on [for
2-10 which] two violations of the offense [offenses] listed in Paragraph
2-11 (D) [(E)] of this subdivision [are shown];
2-12 (G) [(H)] a deferred adjudication for an offense
2-13 listed in Paragraph (A), (B), (C), [(D),] or (E) [(F)] of this
2-14 subdivision;
2-15 (H) [(I)] a conviction under the laws of another
2-16 state for an offense containing elements that are substantially
2-17 similar to the elements of an offense listed under Paragraph (A),
2-18 (B), (C), [(D),] or (E) [(F)] of this subdivision; or
2-19 (I) [(J)] the second conviction under the laws
2-20 of another state for an offense containing elements that are
2-21 substantially similar to the elements of the offense of indecent
2-22 exposure.
2-23 SECTION 2. Section 2(d), Article 6252-13c.1, Revised
2-24 Statutes, as added by Section 1, Chapter 676, Acts of the 74th
2-25 Legislature, Regular Session, 1995, is repealed.
2-26 SECTION 3. Section 3, Article 6252-13c.1, Revised Statutes,
2-27 is amended to read as follows:
3-1 Sec. 3. PRERELEASE NOTIFICATION. (a) Before a person who
3-2 will be subject to registration under this article is due to be
3-3 released from a penal institution, the Board of Pardons and Paroles
3-4 shall determine the person's level of risk to the community, assign
3-5 to the person a numeric risk level using the guidelines established
3-6 under Subsection (b) of this section, and immediately send a
3-7 written notice of the risk level to the penal institution from
3-8 which the person is due to be released. On receiving notice under
3-9 this subsection, an official of the penal institution shall:
3-10 (1) inform the person that:
3-11 (A) not later than the seventh day after the
3-12 date on which the person is released on community supervision,
3-13 parole, or mandatory supervision or the date on which the person
3-14 moves from a previous residence to a new residence in this state,
3-15 the person must:
3-16 (i) register or verify registration with
3-17 the local law enforcement authority in the municipality or county
3-18 in which the person intends to reside; or
3-19 (ii) if the person has not moved to an
3-20 intended residence, report to the community supervision and
3-21 corrections department officer or the parole officer supervising
3-22 the person;
3-23 (B) not later than the seventh day before the
3-24 date on which the person moves to a new residence in this state or
3-25 another state, the person must report in person to the local law
3-26 enforcement authority with whom the person last registered and to
3-27 the community supervision and corrections department officer or the
4-1 parole officer supervising the person; and
4-2 (C) not later than the 10th day after the date
4-3 on which the person arrives in another state in which the person
4-4 intends to reside, the person must register with the law
4-5 enforcement agency that is identified by the department as the
4-6 agency designated by that state to receive registration
4-7 information, if the other state has a registration requirement for
4-8 sex offenders;
4-9 (2) require the person to sign a written statement
4-10 that the person was informed of the person's duties as described by
4-11 Subdivision (1) of this subsection or, if the person refuses to
4-12 sign the statement, certify that the person was so informed;
4-13 (3) obtain the address where the person expects to
4-14 reside on the person's release and other registration information,
4-15 including a photograph and complete set of fingerprints; and
4-16 (4) complete the registration form for the person.
4-17 (b) In assigning a numeric risk level to a person subject to
4-18 registration under this article, the Board of Pardons and Paroles
4-19 shall use the following general guidelines:
4-20 (1) level one:
4-21 (A) the offense for which the person is subject
4-22 to registration involves a victim or a witness to the offense who
4-23 was younger than 17 years of age at the time of the commission of
4-24 the offense;
4-25 (B) the person used a weapon in the commission
4-26 of the offense for which the person is subject to registration; or
4-27 (C) the person has demonstrated a history and
5-1 propensity to engage in criminal sexual conduct with a primary
5-2 purpose of victimization;
5-3 (2) level two:
5-4 (A) the person has been convicted of only one
5-5 offense for which the person is subject to registration under this
5-6 article; and
5-7 (B) the person has no demonstrated history and
5-8 propensity to engage in criminal sexual conduct with a primary
5-9 purpose of victimization; and
5-10 (3) level three:
5-11 (A) the person has been convicted of only one
5-12 offense for which the person is subject to registration under this
5-13 article;
5-14 (B) the person received mental health or other
5-15 appropriate treatment during the person's term of confinement in a
5-16 penal institution and shows signs of successful rehabilitation; and
5-17 (C) there is reason to believe that the person
5-18 does not pose a significant threat to the community.
5-19 (c) On the seventh day before the date on which a person who
5-20 will be subject to registration under this article is due to be
5-21 released from a penal institution, or on receipt of notice by a
5-22 penal institution that a person who will be subject to registration
5-23 under this article is due to be released in less than seven days,
5-24 an official of the penal institution shall send the person's
5-25 completed registration form and numeric risk level to the
5-26 department and to:
5-27 (1) the applicable local law enforcement authority in
6-1 the municipality or county in which the person expects to reside,
6-2 if the person expects to reside in this state; or
6-3 (2) the law enforcement agency that is identified by
6-4 the department as the agency designated by another state to receive
6-5 registration information, if the person expects to reside in that
6-6 other state and that other state has a registration requirement for
6-7 sex offenders.
6-8 (d) [(c)] If a person who is subject to registration under
6-9 this article receives an order deferring adjudication, community
6-10 supervision, or only a fine, the court pronouncing the order or
6-11 sentence shall make a determination of the person's numeric risk
6-12 level using the guidelines described in Subsection (b) of this
6-13 section and ensure that the prerelease notification and
6-14 registration requirements specified in this section are conducted
6-15 on the day of entering the order or sentencing. If a community
6-16 supervision and corrections department representative is available
6-17 in court at the time a court pronounces a sentence of deferred
6-18 adjudication or community supervision, the representative shall
6-19 immediately obtain the person's numeric risk level from the court
6-20 and conduct the prerelease notification and registration
6-21 requirements specified in this section. In any other case in which
6-22 the court pronounces a sentence under this subsection, the court
6-23 shall designate another appropriate individual to obtain the
6-24 person's numeric risk level from the court and conduct the
6-25 prerelease notification and registration requirements specified in
6-26 this section.
6-27 (e) [(d)] If a person who has a reportable conviction for an
7-1 offense described under Section 1(5)(H) or (I) [or (J)] of this
7-2 article is placed under the supervision of the pardons and paroles
7-3 division of the Texas Department of Criminal Justice or a community
7-4 supervision and corrections department under Article 42.11, Code of
7-5 Criminal Procedure, the division or community supervision and
7-6 corrections department shall conduct the prerelease notification
7-7 and registration requirements specified in this section on the date
7-8 the person is placed under the supervision of the division or
7-9 community supervision and corrections department.
7-10 (f) [(e)] Not later than the eighth day after receiving a
7-11 registration form under Subsection [(b),] (c), [or] (d), or (e) of
7-12 this section, the local law enforcement authority shall verify the
7-13 age of the victim and the basis on which the person is subject to
7-14 registration under this article. If the [victim is a child younger
7-15 than 17 years of age and the] basis on which the person is subject
7-16 to registration is [not an adjudication of delinquent conduct or a
7-17 deferred adjudication and is not] a conviction for a felony offense
7-18 listed in Section 1(5) of this article, other than an offense under
7-19 Section 25.02, Penal Code, the authority shall immediately publish
7-20 notice in English and Spanish in at least one newspaper of general
7-21 circulation in the county in which the person subject to
7-22 registration intends to reside. The authority shall publish a
7-23 duplicate notice in the newspaper, with any necessary corrections,
7-24 during the week immediately following the week of initial
7-25 publication. Regardless [If the victim is a child younger than 17
7-26 years of age, regardless] of the basis on which the person is
7-27 subject to registration, the authority shall immediately provide
8-1 notice to the superintendent of public schools of the school
8-2 district in which the person subject to registration intends to
8-3 reside by mail to the district office.
8-4 (g) [(f)] The local law enforcement authority shall include
8-5 in the notice by publication in a newspaper the following
8-6 information only:
8-7 (1) the person's full name, age, race, and gender;
8-8 (2) a brief description of the offense for which the
8-9 person is subject to registration, including whether the victim was
8-10 a person younger than 17 years of age at the time of the commission
8-11 of the offense; [and]
8-12 (3) the municipality, street name, and zip code number
8-13 where the person intends to reside; and
8-14 (4) the person's numeric risk level assigned under
8-15 this article and the guidelines used to determine a person's risk
8-16 level generally.
8-17 (h) [(g)] The local law enforcement authority shall include
8-18 in the notice to the superintendent of public schools any
8-19 information the authority determines is necessary to protect the
8-20 public, except:
8-21 (1) the person's social security number, driver's
8-22 license number, or telephone number; and
8-23 (2) any information that would identify the victim of
8-24 the offense for which the person is subject to registration.
8-25 SECTION 4. Sections 4(f) and (g), Article 6252-13c.1,
8-26 Revised Statutes, are amended to read as follows:
8-27 (f) If the person moves to another municipality or county in
9-1 this state, the department shall inform the applicable local law
9-2 enforcement authority in the new area of the person's residence not
9-3 later than the third day after the date on which the department
9-4 receives information under Subsection (a) of this section. Not
9-5 later than the eighth day after the date on which the local law
9-6 enforcement authority is informed under Subsection (a) of this
9-7 section or under this subsection, the authority shall verify the
9-8 age of the victim and the basis on which the person is subject to
9-9 registration under this article. If the [victim is a child younger
9-10 than 17 years of age and the] basis on which the person is subject
9-11 to registration is [not an adjudication of delinquent conduct or a
9-12 deferred adjudication and is not] a conviction for a felony offense
9-13 listed in Section 1(5) of this article, other than an offense under
9-14 Section 25.02, Penal Code, the authority shall immediately publish
9-15 notice in English and Spanish in at least one newspaper of general
9-16 circulation in the county in which the person subject to
9-17 registration intends to reside. The local law enforcement
9-18 authority shall publish a duplicate notice in the newspaper, with
9-19 any necessary corrections, during the week immediately following
9-20 the week of initial publication. Regardless [If the victim is a
9-21 child younger than 17 years of age, regardless] of the basis on
9-22 which the person is subject to registration, the authority shall
9-23 immediately provide notice to the superintendent of public schools
9-24 of the school district in which the person subject to registration
9-25 intends to reside by mail to the district office.
9-26 (g) The local law enforcement authority shall include in the
9-27 notice by publication in a newspaper the following information
10-1 only:
10-2 (1) the person's full name, age, race, and gender;
10-3 (2) a brief description of the offense for which the
10-4 person is subject to registration, including whether the victim was
10-5 a person younger than 17 years of age at the time of the commission
10-6 of the offense; [and]
10-7 (3) the municipality, street name, and zip code number
10-8 where the person intends to reside; and
10-9 (4) the person's numeric risk level assigned under
10-10 this article and the guidelines used to determine a person's risk
10-11 level generally.
10-12 SECTION 5. Section 7, Article 6252-13c.1, Revised Statutes,
10-13 is amended to read as follows:
10-14 Sec. 7. FAILURE TO REGISTER. (a) A person commits an
10-15 offense if the person is required to register and fails to comply
10-16 with this article.
10-17 (b) An offense under this section is a felony of the third
10-18 degree [Class A misdemeanor].
10-19 (c) If it is shown at the trial of a person for an offense
10-20 under this section that the person has previously been convicted of
10-21 an offense under this section, the person shall be punished for a
10-22 felony of the second [third] degree.
10-23 SECTION 6. Section 8(a), Article 6252-13c.1, Revised
10-24 Statutes, is amended to read as follows:
10-25 (a) This article applies only to a reportable conviction or
10-26 adjudication[:]
10-27 [(1)] occurring on or after[:]
11-1 [(A)] September 1, 1991[, if the conviction is
11-2 for or the adjudication is based on an offense listed in Section
11-3 1(5)(A) of this article;]
11-4 [(B) September 1, 1993, if the conviction is for
11-5 or the adjudication is based on an offense listed in Section
11-6 1(5)(B) of this article; or]
11-7 [(C) September 1, 1995, if the conviction is for
11-8 an offense described under Section 1(5)(C), (D), (E), (F), (I), or
11-9 (J) of this article; or]
11-10 [(2) for which an order of deferred adjudication is
11-11 entered by the court on or after September 1, 1993].
11-12 SECTION 7. Section 9, Article 6252-13c.1, Revised Statutes,
11-13 is amended to read as follows:
11-14 Sec. 9. EXPIRATION OF DUTY TO REGISTER. (a) The duty to
11-15 register for a person with any of the following [a] reportable
11-16 convictions or adjudications [adjudication under Section 1(5)(D) of
11-17 this article] ends when the person dies:
11-18 (1) a conviction under Section 1(5)(A) of this
11-19 article, other than a conviction for an offense under Section
11-20 21.07, Penal Code;
11-21 (2) a conviction under Section 1(5)(B) or (C) of this
11-22 article;
11-23 (3) a conviction or adjudication under Section
11-24 1(5)(E), (F), or (G) of this article, unless the conviction or
11-25 adjudication is based on an offense under Section 21.07, Penal
11-26 Code; or
11-27 (4) a conviction under Section 1(5)(H) of this
12-1 article, unless the conviction is based on an offense containing
12-2 elements substantially similar to an offense under Section 21.07,
12-3 Penal Code.
12-4 (b) The duty to register for a person with a reportable
12-5 conviction or adjudication under Section 1(5)(A), (E), (F), (G), or
12-6 (H) of this article based on an offense under Section 21.07, Penal
12-7 Code, an attempt, conspiracy, or solicitation to commit an offense
12-8 under Section 21.07, Penal Code, or an offense containing elements
12-9 substantially similar to an offense under Section 21.07, Penal
12-10 Code, ends as provided by Subsection (d) of this section.
12-11 (c) The duty to register for a person with a reportable
12-12 conviction or adjudication under Section 1(5)(D), (F), or (I) of
12-13 this article based on two violations of an offense under Section
12-14 21.08, Penal Code, or two violations of an offense containing
12-15 elements substantially similar to an offense under Section 21.08,
12-16 Penal Code, ends as provided by Subsection (d) of this section.
12-17 (d) The duty to register for a person with a reportable
12-18 conviction or adjudication described by Subsection (b) or (c) of
12-19 this section ends:
12-20 (1) if the person's duty to register is based on an
12-21 adjudication of delinquent conduct, on the 10th anniversary of the
12-22 date on which[:]
12-23 [(1) the person ceases to be under the supervision of
12-24 the Texas Youth Commission, if the person was committed to the
12-25 Texas Youth Commission other than under a determinate sentence;]
12-26 [(2) the person is discharged from the Texas Youth
12-27 Commission or the Texas Department of Criminal Justice, whichever
13-1 date is later, if the person was committed to the Texas Youth
13-2 Commission under a determinate sentence; or]
13-3 [(3)] the disposition is made or the person completes
13-4 the terms of the disposition, whichever date is later; or
13-5 (2) if the person's duty to register is based on a
13-6 conviction or on an order of deferred adjudication, [if the person
13-7 received a disposition that did not include a commitment to the
13-8 Texas Youth Commission.]
13-9 [(b) The duty to register for a person with a reportable
13-10 conviction, other than a conviction for a violation of Section
13-11 21.11(a)(1), 22.021, or 43.25, Penal Code, ends] on the 10th
13-12 anniversary of the date on which the court dismisses the criminal
13-13 proceedings against the person and discharges the person, the
13-14 person is released from county jail, [the institutional division of
13-15 the Texas Department of Criminal Justice] or the person discharges
13-16 [parole or] community supervision, whichever date is later.
13-17 [(c) The duty to register for a person with a reportable
13-18 conviction or adjudication based on an order of deferred
13-19 adjudication under Section 1(5)(E) of this article, other than an
13-20 order of deferred adjudication for a violation of Section
13-21 21.11(a)(1), 22.021, or 43.25, Penal Code, ends on the 10th
13-22 anniversary of the date on which:]
13-23 [(1) the court dismisses the criminal proceedings
13-24 against the person and discharges the person; or]
13-25 [(2) the person is released from the institutional
13-26 division of the Texas Department of Criminal Justice or the person
13-27 discharges parole or community supervision, if the court proceeded
14-1 to final adjudication in the case.]
14-2 SECTION 8. The change in law made by this Act to Section 7,
14-3 Article 6252-13c.1, Revised Statutes, applies only to an offense
14-4 committed on or after the effective date of this Act. An offense
14-5 committed before the effective date of this Act is covered by the
14-6 law in effect under Section 7, Article 6252-13c.1, Revised
14-7 Statutes, when the offense was committed, and the former law is
14-8 continued in effect for that purpose. For purposes of this
14-9 section, an offense was committed before the effective date of this
14-10 Act if any element of the offense occurred before that date.
14-11 SECTION 9. (a) The changes in law made by this Act to
14-12 Sections 8(a) and 9, Article 6252-13c.1, Revised Statutes, apply
14-13 only to a defendant who, with respect to an offense listed in
14-14 Section 1(5), Article 6252-13c.1, Revised Statutes, on or after the
14-15 effective date of this Act:
14-16 (1) is confined in a penal institution, as that term
14-17 is defined by Section 1(3), Article 6252-13c.1, Revised Statutes;
14-18 or
14-19 (2) is under the supervision and control of a
14-20 community supervision and corrections department under Article
14-21 42.12, Code of Criminal Procedure, or the pardons and paroles
14-22 division of the Texas Department of Criminal Justice under Article
14-23 42.18, Code of Criminal Procedure.
14-24 (b) A defendant who, on the effective date of this Act, is
14-25 not described by Subsection (a)(1) or (2) of this section is
14-26 covered by the law in effect under Sections 8(a) and 9, Article
14-27 6252-13c.1, Revised Statutes, before those sections were amended by
15-1 this Act, and the former law is continued in effect for that
15-2 purpose.
15-3 SECTION 10. This Act takes effect September 1, 1997.
15-4 SECTION 11. The importance of this legislation and the
15-5 crowded condition of the calendars in both houses create an
15-6 emergency and an imperative public necessity that the
15-7 constitutional rule requiring bills to be read on three several
15-8 days in each house be suspended, and this rule is hereby suspended.