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