AN ACT

 1-1     relating to the applicability of the sex offender registration

 1-2     program to certain defendants, to the procedures used to register

 1-3     and monitor sex offenders, and to the imposition of criminal

 1-4     penalties.

 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-6           SECTION 1.  Article 6252-13c.1, Revised Statutes, is

 1-7     redesignated as Chapter 62, Code of Criminal Procedure, and amended

 1-8     to read as follows:

 1-9                 CHAPTER 62.  SEX [Art. 6252-13c.1.  SEXUAL]

1-10                        OFFENDER REGISTRATION PROGRAM

1-11           Art. 62.01 [Sec. 1].  DEFINITIONS.  In this chapter

1-12     [article]:

1-13                 (1)  "Department" means the Department of Public

1-14     Safety.

1-15                 (2)  "Local law enforcement authority" means the chief

1-16     of police of a municipality or the sheriff of a county in this

1-17     state.

1-18                 (3)  "Penal institution" means a confinement facility

1-19     operated by or under a contract with any division of the Texas

1-20     Department of Criminal Justice, a confinement facility operated by

1-21     or under contract with the Texas Youth Commission, or a county

1-22     jail.

1-23                 (4)  "Released" means discharged, paroled, placed in a

 2-1     nonsecure community program for juvenile offenders, or placed on

 2-2     juvenile probation, community supervision, or mandatory

 2-3     supervision.

 2-4                 (5)  "Reportable conviction or adjudication" means a

 2-5     conviction or adjudication, regardless of the pendency of an

 2-6     appeal, that is:

 2-7                       (A)  a conviction for a violation of Section

 2-8     21.11 (Indecency with a child), 22.011 (Sexual assault), 22.021

 2-9     (Aggravated sexual assault), or 25.02 (Prohibited sexual conduct),

2-10     Penal Code;

2-11                       (B)  a conviction for a violation of Section

2-12     43.05 (Compelling prostitution), 43.25 (Sexual performance by a

2-13     child), or 43.26 (Possession or promotion of child pornography),

2-14     Penal Code;

2-15                       (C)  a conviction for a violation of Section

2-16     20.04(a)(4) (Aggravated kidnapping), Penal Code, if the defendant

2-17     committed the offense with intent to violate or abuse the victim

2-18     sexually;

2-19                       (D)  a conviction for a violation of Section

2-20     30.02 (Burglary), Penal Code, if the offense is punishable under

2-21     Subsection (d) of that section and the defendant committed the

2-22     offense with intent to commit a felony listed in Paragraph (A) or

2-23     (C) [of this subdivision];

2-24                       (E)  the second conviction for a violation of

2-25     Section 21.08 (Indecent exposure), Penal Code;

 3-1                       (F)  a conviction for an attempt, conspiracy, or

 3-2     solicitation, as defined by Chapter 15, Penal Code, to commit an

 3-3     offense listed in Paragraph (A), (B), (C), or (D) [of this

 3-4     subdivision];

 3-5                       (G)  an adjudication of delinquent conduct based

 3-6     on a violation of one of the offenses listed in Paragraph (A), (B),

 3-7     (C), (D), or (F) [of this subdivision] or for which two violations

 3-8     of the offense [offenses] listed in Paragraph (E) [of this

 3-9     subdivision] are shown;

3-10                       (H)  a deferred adjudication for an offense

3-11     listed in Paragraph (A), (B), (C), (D), or (F) [of this

3-12     subdivision];

3-13                       (I)  a conviction under the laws of another state

3-14     or the Uniform Code of Military Justice for an offense containing

3-15     elements that are substantially similar to the elements of an

3-16     offense listed under Paragraph (A), (B), (C), (D), or (F) [of this

3-17     subdivision]; or

3-18                       (J)  the second conviction under the laws of

3-19     another state or the Uniform Code of Military Justice for an

3-20     offense containing elements that are substantially similar to the

3-21     elements of the offense of indecent exposure.

3-22                 (6)  "Sexually violent offense" means any of the

3-23     following offenses committed by a person 17 years of age or older:

3-24                       (A)  an offense under Section 21.11(a)(1)

3-25     (Indecency with a child), 22.011 (Sexual assault), or 22.021

 4-1     (Aggravated sexual assault), Penal Code;

 4-2                       (B)  an offense under Section 43.25 (Sexual

 4-3     performance by a child), Penal Code;

 4-4                       (C)  an offense under Section 20.04(a)(4)

 4-5     (Aggravated kidnapping), Penal Code, if the defendant committed the

 4-6     offense with intent to violate or abuse the victim sexually;

 4-7                       (D)  an offense under Section 30.02 (Burglary),

 4-8     Penal Code, if the offense is punishable under Subsection (d) of

 4-9     that section and the defendant committed the offense with intent to

4-10     commit a felony listed in Paragraph (A) or (C) of Subdivision (5);

4-11     or

4-12                       (E)  an offense under the laws of another state

4-13     if the offense contains elements that are substantially similar to

4-14     the elements of an offense listed under Paragraph (A), (B), (C), or

4-15     (D).

4-16           Art. 62.02 [Sec. 2].  REGISTRATION.  (a)  A person who has a

4-17     reportable conviction or adjudication shall register or, if the

4-18     person is a person for whom registration is completed under this

4-19     chapter [article], verify registration as provided by Subsection

4-20     (d) [of this section], with the local law enforcement authority in

4-21     any municipality where the person resides or intends to reside for

4-22     more than seven days.  If the person does not reside or intend to

4-23     reside in a municipality, the person shall register or verify

4-24     registration in any county where the person resides or intends to

4-25     reside for more than seven days.  The person shall satisfy the

 5-1     requirements of this subsection not later than the seventh day

 5-2     after the person's arrival in the municipality or county.

 5-3           (b)  The department shall provide the Texas Department of

 5-4     Criminal Justice, the Texas Youth Commission, the Juvenile

 5-5     Probation Commission, and each local law enforcement authority,

 5-6     county jail, and court with a form for registering persons required

 5-7     by this chapter [article] to register.  The registration form shall

 5-8     require:

 5-9                 (1)  the person's full name, each alias, date of birth,

5-10     sex, race, height, weight, eye color, hair color, social security

5-11     number, driver's license number, shoe size, and home address;

5-12                 (2)  a photograph of the person and a complete set of

5-13     the person's fingerprints;

5-14                 (3)  the type of offense the person was convicted of,

5-15     the age of the victim, the date of conviction, and the punishment

5-16     received; [and]

5-17                 (4)  an indication as to whether the person is

5-18     discharged, paroled, or released on juvenile probation, community

5-19     supervision, or mandatory supervision; and

5-20                 (5)  any other information required by the department.

5-21           (c)  Not later than the third day after a person's

5-22     registering, the local law enforcement authority with whom the

5-23     person registered shall send a copy of the registration form to the

5-24     department.

5-25           (d)  A person for whom registration is completed under this

 6-1     chapter [article] shall report to the applicable local law

 6-2     enforcement authority to verify the information in the registration

 6-3     form received by the authority under this chapter [article].  The

 6-4     authority shall require the person to produce proof of the person's

 6-5     identity and residence before the authority gives the registration

 6-6     form to the person for verification.  If the information in the

 6-7     registration form is complete and accurate, the person shall verify

 6-8     registration by signing the form.  If the information is not

 6-9     complete or not accurate, the person shall make any necessary

6-10     additions or corrections before signing the form.

6-11           [(d)  On the day a court pronounces a sentence of

6-12     imprisonment, deferred adjudication, community supervision,

6-13     juvenile probation, fine only, or other disposition for a person

6-14     who is subject to registration under this article, the court shall:]

6-15                 [(1)  inform the person of the person's duty to

6-16     register under this article and require the person to sign a

6-17     written statement that the person was informed of the duty, or if

6-18     the person refuses to sign the statement, certify that the person

6-19     was informed of the duty;]

6-20                 [(2)  complete the registration form for the person and

6-21     send the form to the department and:]

6-22                       [(A)  if the person is sentenced to a penal

6-23     institution and imposition of sentence is not suspended, to the

6-24     penal institution; or]

6-25                       [(B)  if the person is sentenced to a penal

 7-1     institution and the imposition of the sentence is suspended or the

 7-2     person receives other disposition, to the local law enforcement

 7-3     authority in the municipality or unincorporated area of the county

 7-4     in which the person expects to reside.]

 7-5           (e)  A person who is required to register or verify

 7-6     registration under this chapter shall ensure that the person's

 7-7     registration form is complete and accurate with respect to each

 7-8     item of information required by the form in accordance with

 7-9     Subsection (b).

7-10           (f)  If a person subject to registration under this chapter

7-11     [article] does not move to an intended residence by the end of the

7-12     seventh day after the date on which the person is released [on

7-13     community supervision, parole, or mandatory supervision] or the

7-14     date on which the person leaves a previous residence, the person

7-15     shall:

7-16                 (1)  report to the juvenile probation officer,

7-17     community supervision and corrections department officer, or [the]

7-18     parole officer supervising the person by not later than the seventh

7-19     day after the date on which the person is released or the date on

7-20     which the person leaves a previous residence, as applicable, and

7-21     provide the officer with the address of the person's temporary

7-22     residence; and

7-23                 (2)  continue to report to the person's supervising

7-24     officer not less than weekly during any period of time in which the

7-25     person has not moved to an intended residence and provide the

 8-1     officer with the address of the person's temporary residence.

 8-2           Art. 62.03 [Sec. 3].  PRERELEASE NOTIFICATION.  (a)  Before a

 8-3     person who will be subject to registration under this chapter

 8-4     [article] is due to be released from a penal institution, an

 8-5     official of the penal institution shall:

 8-6                 (1)  inform the person that:

 8-7                       (A)  not later than the seventh day after the

 8-8     date on which the person is released [on community supervision,

 8-9     parole, or mandatory supervision] or the date on which the person

8-10     moves from a previous residence to a new residence in this state,

8-11     the person must:

8-12                             (i)  register or verify registration with

8-13     the local law enforcement authority in the municipality or county

8-14     in which the person intends to reside; or

8-15                             (ii)  if the person has not moved to an

8-16     intended residence, report to the juvenile probation officer,

8-17     community supervision and corrections department officer, or [the]

8-18     parole officer supervising the person;

8-19                       (B)  not later than the seventh day before the

8-20     date on which the person moves to a new residence in this state or

8-21     another state, the person must report in person to the local law

8-22     enforcement authority with whom the person last registered and to

8-23     the juvenile probation officer, community supervision and

8-24     corrections department officer, or [the] parole officer supervising

8-25     the person; and

 9-1                       (C)  not later than the 10th day after the date

 9-2     on which the person arrives in another state in which the person

 9-3     intends to reside, the person must register with the law

 9-4     enforcement agency that is identified by the department as the

 9-5     agency designated by that state to receive registration

 9-6     information, if the other state has a registration requirement for

 9-7     sex offenders;

 9-8                 (2)  require the person to sign a written statement

 9-9     that the person was informed of the person's duties as described by

9-10     Subdivision (1) [of this subsection] or, if the person refuses to

9-11     sign the statement, certify that the person was so informed;

9-12                 (3)  obtain the address where the person expects to

9-13     reside on the person's release and other registration information,

9-14     including a photograph and complete set of fingerprints; and

9-15                 (4)  complete the registration form for the person.

9-16           (b)  On the seventh day before the date on which a person who

9-17     will be subject to registration under this chapter [article] is due

9-18     to be released from a penal institution, or on receipt of notice by

9-19     a penal institution that a person who will be subject to

9-20     registration under this chapter [article] is due to be released in

9-21     less than seven days, an official of the penal institution shall

9-22     send the person's completed registration form to the department and

9-23     to:

9-24                 (1)  the applicable local law enforcement authority in

9-25     the municipality or county in which the person expects to reside,

 10-1    if the person expects to reside in this state; or

 10-2                (2)  the law enforcement agency that is identified by

 10-3    the department as the agency designated by another state to receive

 10-4    registration information, if the person expects to reside in that

 10-5    other state and that other state has a registration requirement for

 10-6    sex offenders.

 10-7          (c)  If a person who is subject to registration under this

 10-8    chapter [article] receives an order deferring adjudication, placing

 10-9    the person on juvenile probation or community supervision, or

10-10    imposing only a fine, the court pronouncing the order or sentence

10-11    shall ensure that the prerelease notification and registration

10-12    requirements specified in this article [section] are conducted on

10-13    the day of entering the order or sentencing.  If a community

10-14    supervision and corrections department representative is available

10-15    in court at the time a court pronounces a sentence of deferred

10-16    adjudication or community supervision, the representative shall

10-17    immediately conduct the prerelease notification and registration

10-18    requirements specified in this article [section].  In any other

10-19    case in which the court pronounces a sentence under this

10-20    subsection, the court shall designate another appropriate

10-21    individual to conduct the prerelease notification and registration

10-22    requirements specified in this article [section].

10-23          (d)  If a person who has a reportable conviction for an

10-24    offense described by Article 62.01(5)(I) or (J) [under Section

10-25    1(5)(I) or (J) of this article] is placed under the supervision of

 11-1    the pardons and paroles division of the Texas Department of

 11-2    Criminal Justice or a community supervision and corrections

 11-3    department under Article 42.11, [Code of Criminal Procedure,] the

 11-4    division or community supervision and corrections department shall

 11-5    conduct the prerelease notification and registration requirements

 11-6    specified in this article [section] on the date the person is

 11-7    placed under the supervision of the division or community

 11-8    supervision and corrections department.

 11-9          (e)  Not later than the eighth day after receiving a

11-10    registration form under Subsection (b), (c), or (d) [of this

11-11    section], the local law enforcement authority shall verify the age

11-12    of the victim and the basis on which the person is subject to

11-13    registration under this chapter [article].  If the victim is a

11-14    child younger than 17 years of age and the basis on which the

11-15    person is subject to registration is not an adjudication of

11-16    delinquent conduct or a deferred adjudication and is not a

11-17    conviction for an offense under Section 25.02, Penal Code, the

11-18    authority shall immediately publish notice in English and Spanish

11-19    in at least one newspaper of general circulation in the county in

11-20    which the person subject to registration intends to reside.  The

11-21    authority shall publish a duplicate notice in the newspaper, with

11-22    any necessary corrections, during the week immediately following

11-23    the week of initial publication.  If the victim is a child younger

11-24    than 17 years of age, regardless of the basis on which the person

11-25    is subject to registration, the authority shall immediately provide

 12-1    notice to the superintendent of the public [schools of the] school

 12-2    district and to the administrator of any private primary or

 12-3    secondary school located in the public school district in which the

 12-4    person subject to registration intends to reside by mail to the

 12-5    [district] office of the superintendent or administrator, as

 12-6    appropriate.

 12-7          (f)  The local law enforcement authority shall include in the

 12-8    notice by publication in a newspaper the following information

 12-9    only:

12-10                (1)  the person's age and gender;

12-11                (2)  a brief description of the offense for which the

12-12    person is subject to registration; and

12-13                (3)  the municipality, street name, and zip code number

12-14    where the person intends to reside.

12-15          (g)  The local law enforcement authority shall include in the

12-16    notice to the superintendent of the public school district and to

12-17    the administrator of any private primary or secondary school

12-18    located in the public school district [schools] any information the

12-19    authority determines is necessary to protect the public, except:

12-20                (1)  the person's social security number, driver's

12-21    license number, or telephone number; and

12-22                (2)  any information that would identify the victim of

12-23    the offense for which the person is subject to registration.

12-24          Art. 62.04 [Sec. 4].  CHANGE OF ADDRESS.  (a)  If a person

12-25    required to register intends to change address, regardless of

 13-1    whether the person intends to move to another state, the person

 13-2    shall, not later than the seventh day before the intended change,

 13-3    report in person to the local law enforcement authority with whom

 13-4    the person last registered and to the juvenile probation officer,

 13-5    community supervision and corrections department officer, or [the]

 13-6    parole officer supervising the person and provide the authority and

 13-7    the officer with the person's anticipated move date and new

 13-8    address.

 13-9          (b)  Not later than the third day after receipt of notice

13-10    under Subsection (a) [of this section], the person's juvenile

13-11    probation officer, community supervision and corrections department

13-12    officer, or parole officer shall forward the information provided

13-13    under Subsection (a) [of this section] to the local law enforcement

13-14    authority with whom the person last registered and, if the person

13-15    intends to move to another municipality or county in this state, to

13-16    the applicable local law enforcement authority in that municipality

13-17    or county.

13-18          (c)  If the person moves to another state that has a

13-19    registration requirement for sex offenders, the person shall, not

13-20    later than the 10th day after the date on which the person arrives

13-21    in the other state, register with the law enforcement agency that

13-22    is identified by the department as the agency designated by that

13-23    state to receive registration information.

13-24          (d)  Not later than the third day after receipt of

13-25    information under Subsection (a) or (b) [of this section],

 14-1    whichever is earlier, the local law enforcement authority shall

 14-2    forward this information to the department and, if the person

 14-3    intends to move to another municipality or county in this state, to

 14-4    the applicable local law enforcement authority in that municipality

 14-5    or county.

 14-6          (e)  If a person who reports to a local law enforcement

 14-7    authority under Subsection (a) [of this section] does not move on

 14-8    or before the anticipated move date or does not move to the new

 14-9    address provided to the authority, the person shall:

14-10                (1)  report to the local law enforcement authority with

14-11    whom the person last registered not later than the seventh day

14-12    after the anticipated move date and provide an explanation to the

14-13    authority regarding any changes in the anticipated move date and

14-14    intended residence; and

14-15                (2)  report to the juvenile probation officer,

14-16    community supervision and corrections department officer, or [the]

14-17    parole officer supervising the person not less than weekly during

14-18    any period in which the person has not moved to an intended

14-19    residence.

14-20          (f)  If the person moves to another municipality or county in

14-21    this state, the department shall inform the applicable local law

14-22    enforcement authority in the new area of the person's residence not

14-23    later than the third day after the date on which the department

14-24    receives information under Subsection (a) [of this section].  Not

14-25    later than the eighth day after the date on which the local law

 15-1    enforcement authority is informed under Subsection (a) [of this

 15-2    section] or under this subsection, the authority shall verify the

 15-3    age of the victim and the basis on which the person is subject to

 15-4    registration under this chapter [article].  If the victim is a

 15-5    child younger than 17 years of age and the basis on which the

 15-6    person is subject to registration is not an adjudication of

 15-7    delinquent conduct or a deferred adjudication and is not a

 15-8    conviction for an offense under Section 25.02, Penal Code, the

 15-9    authority shall immediately publish notice in English and Spanish

15-10    in at least one newspaper of general circulation in the county in

15-11    which the person subject to registration intends to reside.  The

15-12    local law enforcement authority shall publish a duplicate notice in

15-13    the newspaper, with any necessary corrections, during the week

15-14    immediately following the week of initial publication.  If the

15-15    victim is a child younger than 17 years of age, regardless of the

15-16    basis on which the person is subject to registration, the authority

15-17    shall immediately provide notice to the superintendent of the

15-18    public [schools of the] school district and to the administrator of

15-19    any private primary or secondary school located in the public

15-20    school district in which the person subject to registration intends

15-21    to reside by mail to the [district] office of the superintendent or

15-22    administrator, as appropriate.

15-23          (g)  The local law enforcement authority shall include in the

15-24    notice by publication in a newspaper the following information

15-25    only:

 16-1                (1)  the person's age and gender;

 16-2                (2)  a brief description of the offense for which the

 16-3    person is subject to registration; and

 16-4                (3)  the municipality, street name, and zip code number

 16-5    where the person intends to reside.

 16-6          (h)  The local law enforcement authority shall include in the

 16-7    notice to the superintendent of the public school district and the

 16-8    administrator of any private primary or secondary school located in

 16-9    the public school district [schools] any information the authority

16-10    determines is necessary to protect the public, except:

16-11                (1)  the person's social security number, driver's

16-12    license number, or telephone number; and

16-13                (2)  any information that would identify the victim of

16-14    the offense for which the person is subject to registration.

16-15          (i)  If the person moves to another state, the department

16-16    shall, immediately on receiving information under Subsection (d)

16-17    [of this section]:

16-18                (1)  inform the law enforcement agency that is

16-19    designated by the other state to receive registration information,

16-20    if that state has a registration requirement for sex offenders; and

16-21                (2)  send to the Federal Bureau of Investigation a copy

16-22    of the person's registration form, including the record of

16-23    conviction and a complete set of fingerprints.

16-24          Art. 62.05.  STATUS REPORT BY SUPERVISING OFFICER.  If the

16-25    juvenile probation officer, community supervision and corrections

 17-1    department officer, or  parole officer supervising a person subject

 17-2    to registration under this chapter receives information to the

 17-3    effect that the person's status has changed in any manner that

 17-4    affects proper supervision of the person, including a change in the

 17-5    person's physical health, job status, incarceration, or terms of

 17-6    release, the supervising officer shall promptly notify the

 17-7    appropriate local law enforcement authority or authorities of that

 17-8    change.  If the person required to register intends to change

 17-9    address, the person's supervising officer shall notify the local

17-10    law enforcement authorities designated by Article 62.04(b).

17-11          Art. 62.06.  LAW ENFORCEMENT VERIFICATION OF REGISTRATION

17-12    INFORMATION.  (a)  A person subject to registration under this

17-13    chapter who has on two or more occasions been convicted of or

17-14    received an order of deferred adjudication for a sexually violent

17-15    offense shall report to the local law enforcement authority with

17-16    whom the person is required to register not less than once in each

17-17    90-day period following the date the person first registered under

17-18    this chapter to verify the information in the registration form

17-19    maintained by the authority for that person.  A person subject to

17-20    registration under this chapter who is not subject to the 90-day

17-21    reporting requirement described by this subsection shall report to

17-22    the local law enforcement authority with whom the person is

17-23    required to register once each year not earlier than the 30th day

17-24    before and not later than the 30th day after the anniversary of the

17-25    date on which the person first registered under this chapter to

 18-1    verify the information in the registration form maintained by the

 18-2    authority for that person.

 18-3          (b)  A local law enforcement authority with whom a person is

 18-4    required to register under this chapter may direct the person to

 18-5    report to the authority to verify the information in the

 18-6    registration form maintained by the authority for that person.  The

 18-7    authority may direct the person to report under this subsection

 18-8    once in each 90-day period following the date the person first

 18-9    registered under this chapter, if the person has on two or more

18-10    occasions been convicted of or received an order of deferred

18-11    adjudication for a sexually violent offense, or, if not, once in

18-12    each year not earlier than the 30th day before and not later than

18-13    the 30th day after the anniversary of the date on which the person

18-14    first registered under this chapter.  A local law enforcement

18-15    authority may not direct a person to report to the authority under

18-16    this subsection if the person is required to report under

18-17    Subsection (a) and is in compliance with the reporting requirements

18-18    of that subsection.

18-19          (c)  A local law enforcement authority with whom a person

18-20    reports under this article shall require the person to produce

18-21    proof of the person's identity and residence before the authority

18-22    gives the registration form to the person for verification.  If the

18-23    information in the registration form is complete and accurate, the

18-24    person shall verify registration by signing the form.  If the

18-25    information is not complete or not accurate, the person shall make

 19-1    any necessary additions or corrections before signing the form.

 19-2          (d)  A local law enforcement authority with whom a person is

 19-3    required to register under this chapter may at any time mail a

 19-4    nonforwardable verification form to the last reported address of

 19-5    the person.  Not later than the 21st day after receipt of a

 19-6    verification form under this subsection, the person shall:

 19-7                (1)  indicate on the form whether the person still

 19-8    resides at the last reported address and, if not, provide on the

 19-9    form the person's new address;

19-10                (2)  complete any other information required by the

19-11    form;

19-12                (3)  sign the form; and

19-13                (4)  return the form to the authority.

19-14          Art. 62.07 [Sec. 4A].  REMEDIES RELATED TO PUBLIC NOTICE.  A

19-15    person subject to registration under this chapter [article] may

19-16    petition the district court for injunctive relief to restrain a

19-17    local law enforcement authority from publishing notice in a

19-18    newspaper as required by Article 62.03 or 62.04 [Section 3 or

19-19    Section 4 of this article].  The court may issue a temporary

19-20    restraining order under this article [section] before notice is

19-21    served and a hearing is held on the matter.  After a hearing on the

19-22    matter, the court may grant any injunctive relief warranted by the

19-23    facts, including a restraining order or a temporary or permanent

19-24    injunction, if the person subject to registration under this

19-25    chapter [article] proves by a preponderance of the evidence

 20-1    specific facts indicating that newspaper publication under Article

 20-2    62.03 or 62.04 [Section 3 or Section 4 of this article] would place

 20-3    the person's health and well-being in immediate danger.

 20-4          Art. 62.08 [Sec. 5].  CENTRAL DATABASE; PUBLIC INFORMATION.

 20-5    (a)  The department shall maintain a computerized central database

 20-6    containing only the information required for registration under

 20-7    this chapter [article].

 20-8          (b)  The information contained in the database is public

 20-9    information, with the exception of the person's photograph or any

20-10    information:

20-11                (1)  regarding the person's social security number,

20-12    driver's license number, numeric street address, or telephone

20-13    number; [or]

20-14                (2)  that is required by the department under Article

20-15    62.02(b)(5); or

20-16                (3)  that would identify the victim of the offense for

20-17    which the person is subject to registration.

20-18          (c)  A local law enforcement authority shall release public

20-19    information described under Subsection (b) [of this section] to any

20-20    person who submits to the authority a written request for the

20-21    information.  The authority may charge the person a fee not to

20-22    exceed the amount reasonably necessary to cover the administrative

20-23    costs associated with the authority's release of information to the

20-24    person under this subsection.

20-25          (d)  On the written request of a licensing authority that

 21-1    identifies an individual and states that the individual is an

 21-2    applicant for or a holder of a license issued by the authority, the

 21-3    department shall release any information described by Subsection

 21-4    (a) to the licensing authority.

 21-5          (e)  For the purposes of Subsection (d):

 21-6                (1)  "License" means a license, certificate,

 21-7    registration, permit, or other authorization that:

 21-8                      (A)  is issued by a licensing authority; and

 21-9                      (B)  a person must obtain to practice or engage

21-10    in a particular business, occupation, or profession.

21-11                (2)  "Licensing authority" means a department,

21-12    commission, board, office, or other agency of the state or a

21-13    political subdivision of the state that issues a license.

21-14          Art. 62.09 [Sec. 5A].  IMMUNITY FOR RELEASE OF PUBLIC

21-15    INFORMATION.  (a)  The department, a penal institution, or a local

21-16    law enforcement authority may release to the public information

21-17    regarding a person required to register if the information is

21-18    public information under this chapter [article].

21-19          (b)  An individual, agency, entity, or authority is not

21-20    liable under Chapter 101, Civil Practice and Remedies Code, or any

21-21    other law for damages arising from conduct authorized by Subsection

21-22    (a) [of this section].

21-23          (c)  For purposes of determining liability, the release or

21-24    withholding of information by an appointed or elected officer of an

21-25    agency, entity, or authority is a discretionary act.

 22-1          (d)  A private primary or secondary school or administrator

 22-2    of a private primary or secondary school may release to the public

 22-3    information regarding a person required to register if the

 22-4    information is public information under this chapter and is

 22-5    released to the administrator under Article 62.03 or 62.04.  A

 22-6    private primary or secondary school or administrator of a private

 22-7    primary or secondary school is not liable under any law for damages

 22-8    arising from conduct authorized by this subsection.

 22-9          Art. 62.10 [Sec. 7].  FAILURE TO COMPLY WITH REGISTRATION

22-10    REQUIREMENTS [REGISTER].  (a)  A person commits an offense if the

22-11    person is required to register and fails to comply with any

22-12    requirement of this chapter [article].

22-13          (b)  An offense under this article [section] is a state jail

22-14    felony [Class A misdemeanor].

22-15          (c)  If it is shown at the trial of a person for an offense

22-16    under this article [section] that the person has previously been

22-17    convicted of an offense under this article [section], the person

22-18    shall be punished for a felony of the third degree.

22-19          Art. 62.11 [Sec. 8].  APPLICABILITY [EXEMPTIONS].

22-20    [(a)]  This chapter [article] applies only to a reportable

22-21    conviction or adjudication[:]

22-22                [(1)]  occurring on or after[:]

22-23                      [(A)]  September 1, 1970, except that the

22-24    provisions of Articles 62.03 and 62.04 of this chapter relating to

22-25    the requirement of newspaper publication apply only to a reportable

 23-1    conviction or adjudication occurring on or after:

 23-2                (1)  September 1, 1997, if the conviction or

 23-3    adjudication relates to an offense under Section 43.05, Penal Code;

 23-4    or

 23-5                (2)  September 1, 1995, if the conviction or

 23-6    adjudication relates to any other offense listed in Article

 23-7    62.01(5) [1991, if the conviction is for or the adjudication is

 23-8    based on an offense listed in Section 1(5)(A) of this article;]

 23-9                      [(B)  September 1, 1993, if the conviction is for

23-10    or the adjudication is based on an offense listed in Section

23-11    1(5)(B) of this article; or]

23-12                      [(C)  September 1, 1995, if the conviction is for

23-13    an offense described under Section 1(5)(C), (D), (E), (F), (I), or

23-14    (J) of this article; or]

23-15                [(2)  for which an order of deferred adjudication is

23-16    entered by the court on or after September 1, 1993].

23-17          [(b)  A person who has a reportable conviction or

23-18    adjudication may petition a district judge in the county where the

23-19    person resides or intends to reside for an exemption from this

23-20    article.  If the person shows good cause, the district judge shall

23-21    grant the exemption.]

23-22          Art. 62.12 [Sec. 9].  EXPIRATION OF DUTY TO REGISTER.

23-23    (a)  The duty to register for a person with a reportable conviction

23-24    or adjudication for a sexually violent offense or for an offense

23-25    under Section 25.02, 43.05(a)(2), or 43.26, Penal Code, [under

 24-1    Section 1(5)(D) of this article] ends when the person dies.

 24-2          (b)  The duty to register for a person with a reportable

 24-3    conviction or adjudication for an offense other than an offense

 24-4    described by Subsection (a) ends:

 24-5                (1)  if the person's duty to register is based on an

 24-6    adjudication of delinquent conduct, on the 10th anniversary of the

 24-7    date on which[:]

 24-8                [(1)  the person ceases to be under the supervision of

 24-9    the Texas Youth Commission, if the person was committed to the

24-10    Texas Youth Commission other than under a determinate sentence;]

24-11                [(2)  the person is discharged from the Texas Youth

24-12    Commission or the Texas Department of Criminal Justice, whichever

24-13    date is later, if the person was committed to the Texas Youth

24-14    Commission under a determinate sentence; or]

24-15                [(3)]  the disposition is made or the person completes

24-16    the terms of the disposition, whichever date is later; or

24-17                (2)  if the person's duty to register is based on a

24-18    conviction or on an order of deferred adjudication, [if the person

24-19    received a disposition that did not include a commitment to the

24-20    Texas Youth Commission.]

24-21          [(b)  The duty to register for a person with a reportable

24-22    conviction, other than a conviction for a violation of Section

24-23    21.11(a)(1), 22.021, or 43.25, Penal Code, ends] on the 10th

24-24    anniversary of the date on which the court dismisses the criminal

24-25    proceedings against the person and discharges the person, the

 25-1    person is  released from county jail, [the institutional division

 25-2    of the Texas Department of Criminal Justice] or the person

 25-3    discharges [parole or] community supervision, whichever date is

 25-4    later.

 25-5          (c)  A person with a reportable conviction or adjudication

 25-6    for a sexually violent offense who is registered under this chapter

 25-7    may petition the district court in the county where the person

 25-8    resides for an order exempting the person from the lifetime

 25-9    registration requirement established by Subsection (a). After a

25-10    hearing on the matter, the court may issue an order under this

25-11    subsection if it appears by a preponderance of the evidence as

25-12    presented by not fewer than two registered sex offender treatment

25-13    providers and a licensed psychiatrist that:

25-14                (1)  the person received mental health or other

25-15    appropriate treatment during the person's term of confinement,

25-16    parole, or community supervision and is unlikely to commit an

25-17    offense listed in Article 62.01(5); and

25-18                (2)  there is reason to believe that the person no

25-19    longer poses a significant threat to the community. [The duty to

25-20    register for a person with a reportable conviction or adjudication

25-21    based on an order of deferred adjudication under Section 1(5)(E) of

25-22    this article, other than an order of deferred adjudication for a

25-23    violation of Section 21.11(a)(1), 22.021, or 43.25, Penal Code,

25-24    ends on the 10th anniversary of the date on which:]

25-25                [(1)  the court dismisses the criminal proceedings

 26-1    against the person and discharges the person; or]

 26-2                [(2)  the person is released from the institutional

 26-3    division of the Texas Department of Criminal Justice or the person

 26-4    discharges parole or community supervision, if the court proceeded

 26-5    to final adjudication in the case.]

 26-6          SECTION 2.  Section 1, Article 42.01, Code of Criminal

 26-7    Procedure, is amended to read as follows:

 26-8          Sec. 1.  A judgment is the written declaration of the court

 26-9    signed by the trial judge and entered of record showing the

26-10    conviction or acquittal of the defendant.  The sentence served

26-11    shall be based on the information contained in the judgment.  The

26-12    judgment should reflect:

26-13                1.  The title and number of the case;

26-14                2.  That the case was called and the parties appeared,

26-15    naming the attorney for the state, the defendant, and the attorney

26-16    for the defendant, or, where a defendant is not represented by

26-17    counsel, that the defendant knowingly, intelligently, and

26-18    voluntarily waived the right to representation by counsel;

26-19                3.  The plea or pleas of the defendant to the offense

26-20    charged;

26-21                4.  Whether the case was tried before a jury or a jury

26-22    was waived;

26-23                5.  The submission of the evidence, if any;

26-24                6.  In cases tried before a jury that the jury was

26-25    charged by the court;

 27-1                7.  The verdict or verdicts of the jury or the finding

 27-2    or findings of the court;

 27-3                8.  In the event of a conviction that the defendant is

 27-4    adjudged guilty of the offense as found by the verdict of the jury

 27-5    or the finding of the court, and that the defendant be punished in

 27-6    accordance with the jury's verdict or the court's finding as to the

 27-7    proper punishment;

 27-8                9.  In the event of conviction where death or any

 27-9    punishment is assessed that the defendant be sentenced to death, a

27-10    term of confinement or community supervision, or to pay a fine, as

27-11    the case may be;

27-12                10.  In the event of conviction where the imposition of

27-13    sentence is suspended and the defendant is placed on community

27-14    supervision, setting forth the punishment assessed, the length of

27-15    community supervision, and the conditions of community supervision;

27-16                11.  In the event of acquittal that the defendant be

27-17    discharged;

27-18                12.  The county and court in which the case was tried

27-19    and, if there was a change of venue in the case, the name of the

27-20    county in which the prosecution was originated;

27-21                13.  The offense or offenses for which the defendant

27-22    was convicted;

27-23                14.  The date of the offense or offenses and degree of

27-24    offense for which the defendant was convicted;

27-25                15.  The term of sentence;

 28-1                16.  The date judgment is entered;

 28-2                17.  The date sentence is imposed;

 28-3                18.  The date sentence is to commence and any credit

 28-4    for time served;

 28-5                19.  The terms of any order entered pursuant to Article

 28-6    42.08 of this code that the defendant's sentence is to run

 28-7    cumulatively or concurrently with another sentence or sentences;

 28-8                20.  The terms of any plea bargain;

 28-9                21.  Affirmative findings entered pursuant to

28-10    Subdivision (2) of Subsection (a) of Section 3g of Article 42.12 of

28-11    this code;

28-12                22.  The terms of any fee payment ordered under

28-13    Articles 37.072 and 42.151 of this code;

28-14                23.  The defendant's thumbprint taken in accordance

28-15    with Article 38.33 of this code;

28-16                24.  In the event that the judge orders the defendant

28-17    to repay a reward or part of a reward under Articles 37.073 and

28-18    42.152 of this code, a statement of the amount of the payment or

28-19    payments required to be made;

28-20                25.  In the event that the court orders restitution to

28-21    be paid to the victim, a statement of the amount of restitution

28-22    ordered and:

28-23                      (A)  the name of the victim and the permanent

28-24    mailing address of the victim at the time of the judgment; or

28-25                      (B)  if the court determines that the inclusion

 29-1    of the victim's name and address in the judgment is not in the best

 29-2    interest of the victim, the name and address of a person or agency

 29-3    that will accept and forward restitution payments to the victim;

 29-4                26.  In the event that a presentence investigation is

 29-5    required by Section 9(a), (b), (h), or (i), Article 42.12 of this

 29-6    code, a statement that the presentence investigation was done

 29-7    according to the applicable provision; and

 29-8                27.  In the event of conviction of an offense for which

 29-9    registration as a sex offender is required under Chapter 62

29-10    [Article 6252-13c.1, Revised Statutes], a statement that the

29-11    registration requirement of that chapter [article] applies to the

29-12    defendant and a statement of the age of the victim of the offense.

29-13          SECTION 3.  Subsection (e), Section 11, Article 42.12, Code

29-14    of Criminal Procedure, is amended to read as follows:

29-15          (e)  A judge granting community supervision to a defendant

29-16    required to register as a sex offender under Chapter 62 [Article

29-17    6252-13c.1, Revised Statutes,] shall require the registration as a

29-18    condition of community supervision.

29-19          SECTION 4.  Subsection (g), Section 19, Article 42.12, Code

29-20    of Criminal Procedure, is amended to read as follows:

29-21          (g)  If the judge places on community supervision a person

29-22    required to register as a sex offender under Chapter 62 [Article

29-23    6252-13c.1, Revised Statutes], the judge shall require as a

29-24    condition of community supervision that the person pay to the

29-25    person's supervising officer a fee that equals the actual cost to

 30-1    the applicable local law enforcement authority for providing notice

 30-2    for publication to a newspaper as required by Chapter 62 [Article

 30-3    6252-13c.1, Revised Statutes].  A community supervision and

 30-4    corrections department shall remit fees collected under this

 30-5    subsection to the applicable local law enforcement authority to

 30-6    reimburse the authority for the actual cost incurred by the

 30-7    authority, as evidenced by written receipt, for providing notice

 30-8    for publication to a newspaper as required by Chapter 62 [Article

 30-9    6252-13c.1, Revised Statutes].  In a community supervision

30-10    revocation hearing at which it is alleged only that the person

30-11    violated the terms of community supervision by failing to make a

30-12    payment under this subsection, the inability of the person to pay

30-13    as ordered by the judge is an affirmative defense to revocation,

30-14    which the person must prove by a preponderance of the evidence.

30-15          SECTION 5.  Subsection (g), Section 8, Article 42.18, Code of

30-16    Criminal Procedure, as amended by Chapters 397 and 988, Acts of the

30-17    73rd Legislature, 1993, is amended to read as follows:

30-18          (g)  The board may adopt such other reasonable rules not

30-19    inconsistent with law as it may deem proper or necessary with

30-20    respect to the eligibility of prisoners for parole and mandatory

30-21    supervision, the conduct of parole and mandatory supervision

30-22    hearings, or conditions to be imposed upon parolees and persons

30-23    released to mandatory supervision.  Each person to be released on

30-24    parole shall be furnished a contract setting forth in clear and

30-25    intelligible language the conditions and rules of parole.  The

 31-1    parole panel may include as a condition of parole or mandatory

 31-2    supervision any condition that a court may impose on a defendant

 31-3    placed on community supervision under Article 42.12 of this code,

 31-4    including the condition that the person released submit to testing

 31-5    for controlled substances or submit to electronic monitoring if the

 31-6    parole panel determines that absent testing for controlled

 31-7    substances or participation in an electronic monitoring program the

 31-8    person would not be released on parole.  Acceptance, signing, and

 31-9    execution of the contract by the inmate to be paroled shall be a

31-10    precondition to release on parole.  Persons released on mandatory

31-11    supervision shall be furnished a written statement setting forth in

31-12    clear and intelligible language the conditions and rules of

31-13    mandatory supervision.  The parole panel may also require as a

31-14    condition of parole or release to mandatory supervision that the

31-15    person make payments in satisfaction of damages the person is

31-16    liable for under Section 500.002, Government Code.  The parole

31-17    panel shall require as a condition of parole or mandatory

31-18    supervision that the person register under Chapter 62 [Article

31-19    6252-13c.1, Revised Statutes].  The parole panel may require as a

31-20    condition of parole or release to mandatory supervision that the

31-21    person attend counseling sessions for substance abusers or

31-22    participate in substance abuse treatment services in a program or

31-23    facility approved or licensed by the Texas Commission on Alcohol

31-24    and Drug Abuse if the person was sentenced for an offense involving

31-25    controlled substances or the panel determines that the defendant's

 32-1    substance abuse was connected to the commission of the offense.

 32-2    The parole panel shall require as a condition of parole or

 32-3    mandatory supervision that  an inmate who immediately before

 32-4    release is a participant in the program established under Section

 32-5    501.0931, Government Code, participate in a drug or alcohol abuse

 32-6    continuum of care treatment program.

 32-7          SECTION 6.  Subsection (r), Section 8, Article 42.18, Code of

 32-8    Criminal Procedure, is amended to read as follows:

 32-9          (r)  In addition to other conditions and fees imposed by a

32-10    parole panel under this article, the parole panel shall require as

32-11    a condition of parole or release to mandatory supervision that a

32-12    person required to register as a sex offender under Chapter 62

32-13    [Article 6252-13c.1, Revised Statutes,] pay to the person's

32-14    supervising officer a fee that equals the actual cost to the

32-15    applicable local law enforcement authority for providing notice for

32-16    publication to a newspaper as required by Chapter 62 [Article

32-17    6252-13c.1, Revised Statutes].  The pardons and paroles division

32-18    shall remit fees collected under this subsection to the applicable

32-19    local law enforcement authority to reimburse the authority for the

32-20    actual cost incurred by the authority, as evidenced by written

32-21    receipt, for providing notice for publication to a newspaper as

32-22    required by Chapter 62 [Article 6252-13c.1, Revised Statutes].  In

32-23    a parole or mandatory supervision revocation hearing under Section

32-24    14 of this article at which it is alleged only that the person

32-25    failed to make a payment under this subsection, the inability of

 33-1    the person to pay as ordered by a parole panel is an affirmative

 33-2    defense to revocation, which the person must prove by a

 33-3    preponderance of the evidence.

 33-4          SECTION 7.  Subsection (b), Section 18, Article 42.18, Code

 33-5    of Criminal Procedure, as added by Section 13, Chapter 258, 74th

 33-6    Legislature, 1995, is amended to read as follows:

 33-7          (b)  This section does not apply to information regarding a

 33-8    sex offender if the information is authorized for release under

 33-9    Chapter 62 [Article 6252-13c.1, Revised Statutes].

33-10          SECTION 8.  Subsection (f), Article 60.051, Code of Criminal

33-11    Procedure, is amended to read as follows:

33-12          (f)  The department shall maintain in the computerized

33-13    criminal history system any information the department maintains in

33-14    the central database under Article 62.08 [concerning whether an

33-15    offender is required to register under Article 6252-13c.1, Revised

33-16    Statutes].

33-17          SECTION 9.  Subdivision (4), Section 1, Article 4512g-1,

33-18    Revised Statutes, is amended to read as follows:

33-19                (4)  "Local law enforcement authority" has the meaning

33-20    assigned by [Section 1,] Article 62.01, Code of Criminal Procedure

33-21    [6252-13c.1, Revised Statutes].

33-22          SECTION 10.  This Act takes effect September 1, 1997.  The

33-23    change in law made by this Act to Article 62.10, Code of Criminal

33-24    Procedure, as redesignated and amended by this Act (formerly

33-25    Section 7, Article 6252-13c.1, Revised Statutes), applies only to

 34-1    an offense committed on or after September 1, 1997.  An offense

 34-2    committed before September 1, 1997, is covered by the law in effect

 34-3    when the offense was committed, and the former law is continued in

 34-4    effect for that purpose.  For purposes of this section, an offense

 34-5    was committed before September 1, 1997, if any element of the

 34-6    offense occurred before that date.

 34-7          SECTION 11.  (a)  The change in law made by this Act to

 34-8    Article 62.11, Code of Criminal Procedure, as redesignated and

 34-9    amended by this Act (formerly Subsection (a), Section 8, Article

34-10    6252-13c.1, Revised Statutes), applies only to a defendant who,

34-11    with respect to an offense listed in Subdivision (5), Article

34-12    62.01, Code of Criminal Procedure, as redesignated and amended by

34-13    this Act (formerly Subdivision (5), Section 1, Article 6252-13c.1,

34-14    Revised Statutes), on or after the effective date of this Act:

34-15                (1)  is confined in a penal institution, as that term

34-16    is defined by Subdivision (3), Article 62.01, Code of Criminal

34-17    Procedure, as redesignated and amended by this Act (formerly

34-18    Subdivision (3), Section 1, Article 6252-13c.1, Revised Statutes);

34-19    or

34-20                (2)  is under the supervision and control of a juvenile

34-21    probation office or an agency or entity operating under contract

34-22    with a juvenile probation office, a community supervision and

34-23    corrections department, or the pardons and paroles division of the

34-24    Texas Department of Criminal Justice.

34-25          (b)  A defendant who, on the effective date of this Act, is

 35-1    not described by Subdivision (1) or (2) of Subsection (a) of this

 35-2    section is covered by the law in effect under Subsection (a),

 35-3    Section 8, Article 6252-13c.1, Revised Statutes, before that

 35-4    section was redesignated and amended by this Act, and the former

 35-5    law is continued in effect for that purpose.

 35-6          SECTION 12.  The Department of Public Safety shall take

 35-7    action necessary to ensure that the requirements of Article 60.051,

 35-8    Code of Criminal Procedure, as amended by this Act, and Subsection

 35-9    (b), Article 62.02, Code of Criminal Procedure, as redesignated and

35-10    amended by this Act (formerly Subsection (b), Section 2, Article

35-11    6252-13c.1, Revised Statutes), are satisfied not later than January

35-12    1, 1998.

35-13          SECTION 13.  The importance of this legislation and the

35-14    crowded condition of the calendars in both houses create an

35-15    emergency and an imperative public necessity that the

35-16    constitutional rule requiring bills to be read on three several

35-17    days in each house be suspended, and this rule is hereby suspended.

                                                                S.B. No. 875

         ________________________________   ________________________________

             President of the Senate              Speaker of the House

               I hereby certify that S.B. No. 875 passed the Senate on

         April 24, 1997, by the following vote:  Yeas 29, Nays 0;

         May 22, 1997, Senate refused to concur in House amendments and

         requested appointment of Conference Committee; May 24, 1997, House

         granted request of the Senate; June 1, 1997, Senate adopted

         Conference Committee Report by a viva-voce vote.

                                             _______________________________

                                                 Secretary of the Senate

               I hereby certify that S.B. No. 875 passed the House, with

         amendments, on May 20, 1997, by a non-record vote; May 24, 1997,

         House granted request of the Senate for appointment of Conference

         Committee; June 1, 1997, House adopted Conference Committee Report

         by a non-record vote.

                                             _______________________________

                                                 Chief Clerk of the House

         Approved:

         ________________________________

                      Date

         ________________________________

                    Governor