By: Shapiro, West S.B. No. 875
A BILL TO BE ENTITLED
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, or placed on
2-1 juvenile probation, community supervision, or mandatory
2-2 supervision.
2-3 (5) "Reportable conviction or adjudication" means a
2-4 conviction or adjudication, regardless of the pendency of an
2-5 appeal, that is:
2-6 (A) a conviction for a violation of Section
2-7 21.11 (Indecency with a child), 22.011 (Sexual assault), 22.021
2-8 (Aggravated sexual assault), or 25.02 (Prohibited sexual conduct),
2-9 Penal Code;
2-10 (B) a conviction for a violation of Section
2-11 43.25 (Sexual performance by a child) or 43.26 (Possession or
2-12 promotion of child pornography), Penal Code;
2-13 (C) a conviction for a violation of Section
2-14 20.04(a)(4) (Aggravated kidnapping), Penal Code, if the defendant
2-15 committed the offense with intent to violate or abuse the victim
2-16 sexually;
2-17 (D) a conviction for a violation of Section
2-18 30.02 (Burglary), Penal Code, if the offense is punishable under
2-19 Subsection (d) of that section and the defendant committed the
2-20 offense with intent to commit a felony listed in Paragraph (A) or
2-21 (C) [of this subdivision];
2-22 (E) the second conviction for a violation of
2-23 Section 21.08 (Indecent exposure), Penal Code;
2-24 (F) a conviction for an attempt, conspiracy, or
2-25 solicitation, as defined by Chapter 15, Penal Code, to commit an
3-1 offense listed in Paragraph (A), (B), (C), or (D) [of this
3-2 subdivision];
3-3 (G) an adjudication of delinquent conduct based
3-4 on a violation of one of the offenses listed in Paragraph (A), (B),
3-5 (C), (D), or (F) [of this subdivision] or for which two violations
3-6 of the offenses listed in Paragraph (E) [of this subdivision] are
3-7 shown;
3-8 (H) a deferred adjudication for an offense
3-9 listed in Paragraph (A), (B), (C), (D), or (F) [of this
3-10 subdivision];
3-11 (I) a conviction under the laws of another state
3-12 for an offense containing elements that are substantially similar
3-13 to the elements of an offense listed under Paragraph (A), (B), (C),
3-14 (D), or (F) [of this subdivision]; or
3-15 (J) the second conviction under the laws of
3-16 another state for an offense containing elements that are
3-17 substantially similar to the elements of the offense of indecent
3-18 exposure.
3-19 Art. 62.02 [Sec. 2]. REGISTRATION. (a) A person who has a
3-20 reportable conviction or adjudication shall register or, if the
3-21 person is a person for whom registration is completed under this
3-22 chapter [article], verify registration as provided by Subsection
3-23 (d) [of this section], with the local law enforcement authority in
3-24 any municipality where the person resides or intends to reside for
3-25 more than seven days. If the person does not reside or intend to
4-1 reside in a municipality, the person shall register or verify
4-2 registration in any county where the person resides or intends to
4-3 reside for more than seven days. The person shall satisfy the
4-4 requirements of this subsection not later than the seventh day
4-5 after the person's arrival in the municipality or county.
4-6 (b) The department shall provide the Texas Department of
4-7 Criminal Justice, the Texas Youth Commission, the Juvenile
4-8 Probation Commission, and each local law enforcement authority,
4-9 county jail, and court with a form for registering persons required
4-10 by this chapter [article] to register. The registration form shall
4-11 require:
4-12 (1) the person's full name, each alias, date of birth,
4-13 sex, race, height, weight, eye color, hair color, social security
4-14 number, driver's license number, shoe size, and home address;
4-15 (2) a photograph of the person and a complete set of
4-16 the person's fingerprints;
4-17 (3) the type of offense the person was convicted of,
4-18 the age of the victim, the date of conviction, and the punishment
4-19 received; [and]
4-20 (4) an indication as to whether the person is
4-21 discharged, paroled, or released on juvenile probation, community
4-22 supervision, or mandatory supervision; and
4-23 (5) any other information required by the department.
4-24 (c) Not later than the third day after a person's
4-25 registering, the local law enforcement authority with whom the
5-1 person registered shall send a copy of the registration form to the
5-2 department.
5-3 (d) A person for whom registration is completed under this
5-4 chapter [article] shall report to the applicable local law
5-5 enforcement authority to verify the information in the registration
5-6 form received by the authority under this chapter [article]. The
5-7 authority shall require the person to produce proof of the person's
5-8 identity and residence before the authority gives the registration
5-9 form to the person for verification. If the information in the
5-10 registration form is complete and accurate, the person shall verify
5-11 registration by signing the form. If the information is not
5-12 complete or not accurate, the person shall make any necessary
5-13 additions or corrections before signing the form.
5-14 [(d) On the day a court pronounces a sentence of
5-15 imprisonment, deferred adjudication, community supervision,
5-16 juvenile probation, fine only, or other disposition for a person
5-17 who is subject to registration under this article, the court shall:]
5-18 [(1) inform the person of the person's duty to
5-19 register under this article and require the person to sign a
5-20 written statement that the person was informed of the duty, or if
5-21 the person refuses to sign the statement, certify that the person
5-22 was informed of the duty;]
5-23 [(2) complete the registration form for the person and
5-24 send the form to the department and:]
5-25 [(A) if the person is sentenced to a penal
6-1 institution and imposition of sentence is not suspended, to the
6-2 penal institution; or]
6-3 [(B) if the person is sentenced to a penal
6-4 institution and the imposition of the sentence is suspended or the
6-5 person receives other disposition, to the local law enforcement
6-6 authority in the municipality or unincorporated area of the county
6-7 in which the person expects to reside.]
6-8 (e) A person who is required to register or verify
6-9 registration under this chapter shall ensure that the person's
6-10 registration form is complete and accurate with respect to each
6-11 item of information required by the form in accordance with
6-12 Subsection (b).
6-13 (f) If a person subject to registration under this chapter
6-14 [article] does not move to an intended residence by the end of the
6-15 seventh day after the date on which the person is released [on
6-16 community supervision, parole, or mandatory supervision] or the
6-17 date on which the person leaves a previous residence, the person
6-18 shall:
6-19 (1) report to the juvenile probation officer,
6-20 community supervision and corrections department officer, or [the]
6-21 parole officer supervising the person by not later than the seventh
6-22 day after the date on which the person is released or the date on
6-23 which the person leaves a previous residence, as applicable, and
6-24 provide the officer with the address of the person's temporary
6-25 residence; and
7-1 (2) continue to report to the person's supervising
7-2 officer not less than weekly during any period of time in which the
7-3 person has not moved to an intended residence and provide the
7-4 officer with the address of the person's temporary residence.
7-5 Art. 62.03 [Sec. 3]. PRERELEASE NOTIFICATION. (a) Before a
7-6 person who will be subject to registration under this chapter
7-7 [article] is due to be released from a penal institution, an
7-8 official of the penal institution shall:
7-9 (1) inform the person that:
7-10 (A) not later than the seventh day after the
7-11 date on which the person is released [on community supervision,
7-12 parole, or mandatory supervision] or the date on which the person
7-13 moves from a previous residence to a new residence in this state,
7-14 the person must:
7-15 (i) register or verify registration with
7-16 the local law enforcement authority in the municipality or county
7-17 in which the person intends to reside; or
7-18 (ii) if the person has not moved to an
7-19 intended residence, report to the juvenile probation officer,
7-20 community supervision and corrections department officer, or [the]
7-21 parole officer supervising the person;
7-22 (B) not later than the seventh day before the
7-23 date on which the person moves to a new residence in this state or
7-24 another state, the person must report in person to the local law
7-25 enforcement authority with whom the person last registered and to
8-1 the juvenile probation officer, community supervision and
8-2 corrections department officer, or [the] parole officer supervising
8-3 the person; and
8-4 (C) not later than the 10th day after the date
8-5 on which the person arrives in another state in which the person
8-6 intends to reside, the person must register with the law
8-7 enforcement agency that is identified by the department as the
8-8 agency designated by that state to receive registration
8-9 information, if the other state has a registration requirement for
8-10 sex offenders;
8-11 (2) require the person to sign a written statement
8-12 that the person was informed of the person's duties as described by
8-13 Subdivision (1) [of this subsection] or, if the person refuses to
8-14 sign the statement, certify that the person was so informed;
8-15 (3) obtain the address where the person expects to
8-16 reside on the person's release and other registration information,
8-17 including a photograph and complete set of fingerprints; and
8-18 (4) complete the registration form for the person.
8-19 (b) On the seventh day before the date on which a person who
8-20 will be subject to registration under this chapter [article] is due
8-21 to be released from a penal institution, or on receipt of notice by
8-22 a penal institution that a person who will be subject to
8-23 registration under this chapter [article] is due to be released in
8-24 less than seven days, an official of the penal institution shall
8-25 send the person's completed registration form to the department and
9-1 to:
9-2 (1) the applicable local law enforcement authority in
9-3 the municipality or county in which the person expects to reside,
9-4 if the person expects to reside in this state; or
9-5 (2) the law enforcement agency that is identified by
9-6 the department as the agency designated by another state to receive
9-7 registration information, if the person expects to reside in that
9-8 other state and that other state has a registration requirement for
9-9 sex offenders.
9-10 (c) If a person who is subject to registration under this
9-11 chapter [article] receives an order deferring adjudication,
9-12 community supervision, or only a fine, the court pronouncing the
9-13 order or sentence shall ensure that the prerelease notification and
9-14 registration requirements specified in this article [section] are
9-15 conducted on the day of entering the order or sentencing. If a
9-16 community supervision and corrections department representative is
9-17 available in court at the time a court pronounces a sentence of
9-18 deferred adjudication or community supervision, the representative
9-19 shall immediately conduct the prerelease notification and
9-20 registration requirements specified in this article [section]. In
9-21 any other case in which the court pronounces a sentence under this
9-22 subsection, the court shall designate another appropriate
9-23 individual to conduct the prerelease notification and registration
9-24 requirements specified in this article [section].
9-25 (d) If a person who has a reportable conviction for an
10-1 offense described by Article 62.01(5)(I) or (J) [under Section
10-2 1(5)(I) or (J) of this article] is placed under the supervision of
10-3 the pardons and paroles division of the Texas Department of
10-4 Criminal Justice or a community supervision and corrections
10-5 department under Article 42.11, [Code of Criminal Procedure,] the
10-6 division or community supervision and corrections department shall
10-7 conduct the prerelease notification and registration requirements
10-8 specified in this article [section] on the date the person is
10-9 placed under the supervision of the division or community
10-10 supervision and corrections department.
10-11 (e) Not later than the eighth day after receiving a
10-12 registration form under Subsection (b), (c), or (d) [of this
10-13 section], the local law enforcement authority shall verify the age
10-14 of the victim and the basis on which the person is subject to
10-15 registration under this chapter [article]. If the victim is a
10-16 child younger than 17 years of age and the basis on which the
10-17 person is subject to registration is not an adjudication of
10-18 delinquent conduct or a deferred adjudication and is not a
10-19 conviction for an offense under Section 25.02, Penal Code, the
10-20 authority shall immediately publish notice in English and Spanish
10-21 in at least one newspaper of general circulation in the county in
10-22 which the person subject to registration intends to reside. The
10-23 authority shall publish a duplicate notice in the newspaper, with
10-24 any necessary corrections, during the week immediately following
10-25 the week of initial publication. If the victim is a child younger
11-1 than 17 years of age, regardless of the basis on which the person
11-2 is subject to registration, the authority shall immediately provide
11-3 notice to the superintendent of the public [schools of the] school
11-4 district and to the administrator of any private school located in
11-5 the public school district in which the person subject to
11-6 registration intends to reside by mail to the [district] office of
11-7 the superintendent or administrator, as appropriate.
11-8 (f) The local law enforcement authority shall include in the
11-9 notice by publication in a newspaper the following information
11-10 only:
11-11 (1) the person's age and gender;
11-12 (2) a brief description of the offense for which the
11-13 person is subject to registration; and
11-14 (3) the municipality, street name, and zip code number
11-15 where the person intends to reside.
11-16 (g) The local law enforcement authority shall include in the
11-17 notice to the superintendent of the public school district and to
11-18 the administrator of any private school located in the public
11-19 school district [schools] any information the authority determines
11-20 is necessary to protect the public, except:
11-21 (1) the person's social security number, driver's
11-22 license number, or telephone number; and
11-23 (2) any information that would identify the victim of
11-24 the offense for which the person is subject to registration.
11-25 Art. 62.04 [Sec. 4]. CHANGE OF ADDRESS. (a) If a person
12-1 required to register intends to change address, regardless of
12-2 whether the person intends to move to another state, the person
12-3 shall, not later than the seventh day before the intended change,
12-4 report in person to the local law enforcement authority with whom
12-5 the person last registered and to the juvenile probation officer,
12-6 community supervision and corrections department officer, or [the]
12-7 parole officer supervising the person and provide the authority and
12-8 the officer with the person's anticipated move date and new
12-9 address.
12-10 (b) Not later than the third day after receipt of notice
12-11 under Subsection (a) [of this section], the person's juvenile
12-12 probation officer, community supervision and corrections department
12-13 officer, or parole officer shall forward the information provided
12-14 under Subsection (a) [of this section] to the local law enforcement
12-15 authority with whom the person last registered and, if the person
12-16 intends to move to another municipality or county in this state, to
12-17 the applicable local law enforcement authority in that municipality
12-18 or county.
12-19 (c) If the person moves to another state that has a
12-20 registration requirement for sex offenders, the person shall, not
12-21 later than the 10th day after the date on which the person arrives
12-22 in the other state, register with the law enforcement agency that
12-23 is identified by the department as the agency designated by that
12-24 state to receive registration information.
12-25 (d) Not later than the third day after receipt of
13-1 information under Subsection (a) or (b) [of this section],
13-2 whichever is earlier, the local law enforcement authority shall
13-3 forward this information to the department and, if the person
13-4 intends to move to another municipality or county in this state, to
13-5 the applicable local law enforcement authority in that municipality
13-6 or county.
13-7 (e) If a person who reports to a local law enforcement
13-8 authority under Subsection (a) [of this section] does not move on
13-9 or before the anticipated move date or does not move to the new
13-10 address provided to the authority, the person shall:
13-11 (1) report to the local law enforcement authority with
13-12 whom the person last registered not later than the seventh day
13-13 after the anticipated move date and provide an explanation to the
13-14 authority regarding any changes in the anticipated move date and
13-15 intended residence; and
13-16 (2) report to the juvenile probation officer,
13-17 community supervision and corrections department officer, or [the]
13-18 parole officer supervising the person not less than weekly during
13-19 any period in which the person has not moved to an intended
13-20 residence.
13-21 (f) If the person moves to another municipality or county in
13-22 this state, the department shall inform the applicable local law
13-23 enforcement authority in the new area of the person's residence not
13-24 later than the third day after the date on which the department
13-25 receives information under Subsection (a) [of this section]. Not
14-1 later than the eighth day after the date on which the local law
14-2 enforcement authority is informed under Subsection (a) [of this
14-3 section] or under this subsection, the authority shall verify the
14-4 age of the victim and the basis on which the person is subject to
14-5 registration under this chapter [article]. If the victim is a
14-6 child younger than 17 years of age and the basis on which the
14-7 person is subject to registration is not an adjudication of
14-8 delinquent conduct or a deferred adjudication and is not a
14-9 conviction for an offense under Section 25.02, Penal Code, the
14-10 authority shall immediately publish notice in English and Spanish
14-11 in at least one newspaper of general circulation in the county in
14-12 which the person subject to registration intends to reside. The
14-13 local law enforcement authority shall publish a duplicate notice in
14-14 the newspaper, with any necessary corrections, during the week
14-15 immediately following the week of initial publication. If the
14-16 victim is a child younger than 17 years of age, regardless of the
14-17 basis on which the person is subject to registration, the authority
14-18 shall immediately provide notice to the superintendent of the
14-19 public [schools of the] school district and to the administrator of
14-20 any private school located in the public school district in which
14-21 the person subject to registration intends to reside by mail to the
14-22 [district] office of the superintendent or administrator, as
14-23 appropriate.
14-24 (g) The local law enforcement authority shall include in the
14-25 notice by publication in a newspaper the following information
15-1 only:
15-2 (1) the person's age and gender;
15-3 (2) a brief description of the offense for which the
15-4 person is subject to registration; and
15-5 (3) the municipality, street name, and zip code number
15-6 where the person intends to reside.
15-7 (h) The local law enforcement authority shall include in the
15-8 notice to the superintendent of the public school district and the
15-9 administrator of any private school located in the public school
15-10 district [schools] any information the authority determines is
15-11 necessary to protect the public, except:
15-12 (1) the person's social security number, driver's
15-13 license number, or telephone number; and
15-14 (2) any information that would identify the victim of
15-15 the offense for which the person is subject to registration.
15-16 (i) If the person moves to another state, the department
15-17 shall, immediately on receiving information under Subsection (d)
15-18 [of this section]:
15-19 (1) inform the law enforcement agency that is
15-20 designated by the other state to receive registration information,
15-21 if that state has a registration requirement for sex offenders; and
15-22 (2) send to the Federal Bureau of Investigation a copy
15-23 of the person's registration form, including the record of
15-24 conviction and a complete set of fingerprints.
15-25 Art. 62.05. STATUS REPORT BY SUPERVISING OFFICER. If the
16-1 juvenile probation officer, community supervision and corrections
16-2 department officer, or parole officer supervising a person subject
16-3 to registration under this chapter receives information to the
16-4 effect that the person's status has changed in any manner that
16-5 affects proper supervision of the person, including a change in the
16-6 person's physical health, job status, incarceration, or terms of
16-7 release, the supervising officer shall promptly notify the
16-8 appropriate local law enforcement authority or authorities of that
16-9 change. If the person required to register intends to change
16-10 address, the person's supervising officer shall notify the local
16-11 law enforcement authorities designated by Article 62.04(b).
16-12 Art. 62.06. LAW ENFORCEMENT VERIFICATION OF REGISTRATION
16-13 INFORMATION. (a) A local law enforcement authority with whom a
16-14 person is required to register under this chapter may direct the
16-15 person to report to the authority to verify the information in the
16-16 registration form maintained by the authority for that person. The
16-17 authority may direct the person to report under this subsection
16-18 once each year not earlier than the 30th day before and not later
16-19 than the 30th day after the anniversary of the date on which the
16-20 person first registered under this chapter. The authority shall
16-21 require the person to produce proof of the person's identity and
16-22 residence before the authority gives the registration form to the
16-23 person for verification. If the information in the registration
16-24 form is complete and accurate, the person shall verify registration
16-25 by signing the form. If the information is not complete or not
17-1 accurate, the person shall make any necessary additions or
17-2 corrections before signing the form.
17-3 (b) A local law enforcement authority with whom a person is
17-4 required to register under this chapter may at any time mail a
17-5 nonforwardable verification form to the last reported address of
17-6 the person. Not later than the 21st day after receipt of a
17-7 verification form under this subsection, the person shall:
17-8 (1) indicate on the form whether the person still
17-9 resides at the last reported address and, if not, provide on the
17-10 form the person's new address;
17-11 (2) complete any other information required by the
17-12 form;
17-13 (3) sign the form; and
17-14 (4) return the form to the authority.
17-15 Art. 62.07 [Sec. 4A]. REMEDIES RELATED TO PUBLIC NOTICE. A
17-16 person subject to registration under this chapter [article] may
17-17 petition the district court for injunctive relief to restrain a
17-18 local law enforcement authority from publishing notice in a
17-19 newspaper as required by Article 62.03 or 62.04 [Section 3 or
17-20 Section 4 of this article]. The court may issue a temporary
17-21 restraining order under this article [section] before notice is
17-22 served and a hearing is held on the matter. After a hearing on the
17-23 matter, the court may grant any injunctive relief warranted by the
17-24 facts, including a restraining order or a temporary or permanent
17-25 injunction, if the person subject to registration under this
18-1 chapter [article] proves by a preponderance of the evidence
18-2 specific facts indicating that newspaper publication under Article
18-3 62.03 or 62.04 [Section 3 or Section 4 of this article] would place
18-4 the person's health and well-being in immediate danger.
18-5 Art. 62.08 [Sec. 5]. CENTRAL DATABASE; PUBLIC INFORMATION.
18-6 (a) The department shall maintain a computerized central database
18-7 containing only the information required for registration under
18-8 this chapter [article].
18-9 (b) The information contained in the database is public
18-10 information, with the exception of the person's photograph or any
18-11 information:
18-12 (1) regarding the person's social security number,
18-13 driver's license number, numeric street address, or telephone
18-14 number; [or]
18-15 (2) that is required by the department under Article
18-16 62.02(b)(5); or
18-17 (3) that would identify the victim of the offense for
18-18 which the person is subject to registration.
18-19 (c) A local law enforcement authority shall release public
18-20 information described under Subsection (b) [of this section] to any
18-21 person who submits to the authority a written request for the
18-22 information. The authority may charge the person a fee not to
18-23 exceed the amount reasonably necessary to cover the administrative
18-24 costs associated with the authority's release of information to the
18-25 person under this subsection.
19-1 Art. 62.09 [Sec. 5A]. IMMUNITY FOR RELEASE OF PUBLIC
19-2 INFORMATION. (a) The department, a penal institution, or a local
19-3 law enforcement authority may release to the public information
19-4 regarding a person required to register if the information is
19-5 public information under this chapter [article].
19-6 (b) An individual, agency, entity, or authority is not
19-7 liable under Chapter 101, Civil Practice and Remedies Code, or any
19-8 other law for damages arising from conduct authorized by Subsection
19-9 (a) [of this section].
19-10 (c) For purposes of determining liability, the release or
19-11 withholding of information by an appointed or elected officer of an
19-12 agency, entity, or authority is a discretionary act.
19-13 (d) A private school or administrator of a private school
19-14 may release to the public information regarding a person required
19-15 to register if the information is public information under this
19-16 chapter and is released to the administrator under Article 62.03 or
19-17 62.04. A private school or administrator of a private school is
19-18 not liable under any law for damages arising from conduct
19-19 authorized by this subsection.
19-20 Art. 62.10 [Sec. 7]. FAILURE TO COMPLY WITH REGISTRATION
19-21 REQUIREMENTS [REGISTER]. (a) A person commits an offense if the
19-22 person is required to register and fails to comply with any
19-23 requirement of this chapter [article].
19-24 (b) An offense under this article [section] is a state jail
19-25 felony [Class A misdemeanor].
20-1 (c) If it is shown at the trial of a person for an offense
20-2 under this article [section] that the person has previously been
20-3 convicted of an offense under this article [section], the person
20-4 shall be punished for a felony of the third degree.
20-5 Art. 62.11 [Sec. 8]. APPLICABILITY [EXEMPTIONS]. [(a)]
20-6 This chapter [article] applies only to a reportable conviction or
20-7 adjudication[:]
20-8 [(1)] occurring on or after[:]
20-9 [(A)] September 1, 1991, except that the
20-10 provisions of Articles 62.03 and 62.04 of this chapter relating to
20-11 the requirement of newspaper publication apply only to a reportable
20-12 conviction or adjudication occurring on or after September 1, 1995
20-13 [if the conviction is for or the adjudication is based on an
20-14 offense listed in Section 1(5)(A) of this article;]
20-15 [(B) September 1, 1993, if the conviction is for
20-16 or the adjudication is based on an offense listed in Section
20-17 1(5)(B) of this article; or]
20-18 [(C) September 1, 1995, if the conviction is for
20-19 an offense described under Section 1(5)(C), (D), (E), (F), (I), or
20-20 (J) of this article; or]
20-21 [(2) for which an order of deferred adjudication is
20-22 entered by the court on or after September 1, 1993].
20-23 [(b) A person who has a reportable conviction or
20-24 adjudication may petition a district judge in the county where the
20-25 person resides or intends to reside for an exemption from this
21-1 article. If the person shows good cause, the district judge shall
21-2 grant the exemption.]
21-3 Art. 62.12 [Sec. 9]. EXPIRATION OF DUTY TO REGISTER.
21-4 (a) The duty to register for a person with a reportable
21-5 adjudication under Article 62.01(5)(G) [Section 1(5)(D) of this
21-6 article] ends on the 10th anniversary of the date on which:
21-7 (1) the person ceases to be under the supervision of
21-8 the Texas Youth Commission, if the person was committed to the
21-9 Texas Youth Commission other than under a determinate sentence;
21-10 (2) the person is discharged from the Texas Youth
21-11 Commission or the Texas Department of Criminal Justice, whichever
21-12 date is later, if the person was committed to the Texas Youth
21-13 Commission under a determinate sentence; or
21-14 (3) the disposition is made or the person completes
21-15 the terms of the disposition, whichever date is later, if the
21-16 person received a disposition that did not include a commitment to
21-17 the Texas Youth Commission.
21-18 (b) The duty to register for a person with a reportable
21-19 conviction, other than a conviction for a violation of Section
21-20 21.11(a)(1), 22.021, or 43.25, Penal Code, ends on the 10th
21-21 anniversary of the date on which the person is released from the
21-22 institutional division of the Texas Department of Criminal Justice
21-23 or the person discharges parole or community supervision, whichever
21-24 date is later.
21-25 (c) The duty to register for a person with a reportable
22-1 conviction or adjudication based on an order of deferred
22-2 adjudication under Article 62.01(5)(H) [Section 1(5)(E) of this
22-3 article], other than an order of deferred adjudication for a
22-4 violation of Section 21.11(a)(1), 22.021, or 43.25, Penal Code,
22-5 ends on the 10th anniversary of the date on which:
22-6 (1) the court dismisses the criminal proceedings
22-7 against the person and discharges the person; or
22-8 (2) the person is released from the institutional
22-9 division of the Texas Department of Criminal Justice or the person
22-10 discharges parole or community supervision, if the court proceeded
22-11 to final adjudication in the case.
22-12 SECTION 2. Section 1, Article 42.01, Code of Criminal
22-13 Procedure, is amended to read as follows:
22-14 Sec. 1. A judgment is the written declaration of the court
22-15 signed by the trial judge and entered of record showing the
22-16 conviction or acquittal of the defendant. The sentence served
22-17 shall be based on the information contained in the judgment. The
22-18 judgment should reflect:
22-19 1. The title and number of the case;
22-20 2. That the case was called and the parties appeared,
22-21 naming the attorney for the state, the defendant, and the attorney
22-22 for the defendant, or, where a defendant is not represented by
22-23 counsel, that the defendant knowingly, intelligently, and
22-24 voluntarily waived the right to representation by counsel;
22-25 3. The plea or pleas of the defendant to the offense
23-1 charged;
23-2 4. Whether the case was tried before a jury or a jury
23-3 was waived;
23-4 5. The submission of the evidence, if any;
23-5 6. In cases tried before a jury that the jury was
23-6 charged by the court;
23-7 7. The verdict or verdicts of the jury or the finding
23-8 or findings of the court;
23-9 8. In the event of a conviction that the defendant is
23-10 adjudged guilty of the offense as found by the verdict of the jury
23-11 or the finding of the court, and that the defendant be punished in
23-12 accordance with the jury's verdict or the court's finding as to the
23-13 proper punishment;
23-14 9. In the event of conviction where death or any
23-15 punishment is assessed that the defendant be sentenced to death, a
23-16 term of confinement or community supervision, or to pay a fine, as
23-17 the case may be;
23-18 10. In the event of conviction where the imposition of
23-19 sentence is suspended and the defendant is placed on community
23-20 supervision, setting forth the punishment assessed, the length of
23-21 community supervision, and the conditions of community supervision;
23-22 11. In the event of acquittal that the defendant be
23-23 discharged;
23-24 12. The county and court in which the case was tried
23-25 and, if there was a change of venue in the case, the name of the
24-1 county in which the prosecution was originated;
24-2 13. The offense or offenses for which the defendant
24-3 was convicted;
24-4 14. The date of the offense or offenses and degree of
24-5 offense for which the defendant was convicted;
24-6 15. The term of sentence;
24-7 16. The date judgment is entered;
24-8 17. The date sentence is imposed;
24-9 18. The date sentence is to commence and any credit
24-10 for time served;
24-11 19. The terms of any order entered pursuant to Article
24-12 42.08 of this code that the defendant's sentence is to run
24-13 cumulatively or concurrently with another sentence or sentences;
24-14 20. The terms of any plea bargain;
24-15 21. Affirmative findings entered pursuant to
24-16 Subdivision (2) of Subsection (a) of Section 3g of Article 42.12 of
24-17 this code;
24-18 22. The terms of any fee payment ordered under
24-19 Articles 37.072 and 42.151 of this code;
24-20 23. The defendant's thumbprint taken in accordance
24-21 with Article 38.33 of this code;
24-22 24. In the event that the judge orders the defendant
24-23 to repay a reward or part of a reward under Articles 37.073 and
24-24 42.152 of this code, a statement of the amount of the payment or
24-25 payments required to be made;
25-1 25. In the event that the court orders restitution to
25-2 be paid to the victim, a statement of the amount of restitution
25-3 ordered and:
25-4 (A) the name of the victim and the permanent
25-5 mailing address of the victim at the time of the judgment; or
25-6 (B) if the court determines that the inclusion
25-7 of the victim's name and address in the judgment is not in the best
25-8 interest of the victim, the name and address of a person or agency
25-9 that will accept and forward restitution payments to the victim;
25-10 26. In the event that a presentence investigation is
25-11 required by Section 9(a), (b), (h), or (i), Article 42.12 of this
25-12 code, a statement that the presentence investigation was done
25-13 according to the applicable provision; and
25-14 27. In the event of conviction of an offense for which
25-15 registration as a sex offender is required under Chapter 62
25-16 [Article 6252-13c.1, Revised Statutes], a statement that the
25-17 registration requirement of that chapter [article] applies to the
25-18 defendant and a statement of the age of the victim of the offense.
25-19 SECTION 3. Subsection (e), Section 11, Article 42.12, Code
25-20 of Criminal Procedure, is amended to read as follows:
25-21 (e) A judge granting community supervision to a defendant
25-22 required to register as a sex offender under Chapter 62 [Article
25-23 6252-13c.1, Revised Statutes,] shall require the registration as a
25-24 condition of community supervision.
25-25 SECTION 4. Subsection (g), Section 19, Article 42.12, Code
26-1 of Criminal Procedure, is amended to read as follows:
26-2 (g) If the judge places on community supervision a person
26-3 required to register as a sex offender under Chapter 62 [Article
26-4 6252-13c.1, Revised Statutes], the judge shall require as a
26-5 condition of community supervision that the person pay to the
26-6 person's supervising officer a fee that equals the actual cost to
26-7 the applicable local law enforcement authority for providing notice
26-8 for publication to a newspaper as required by Chapter 62 [Article
26-9 6252-13c.1, Revised Statutes]. A community supervision and
26-10 corrections department shall remit fees collected under this
26-11 subsection to the applicable local law enforcement authority to
26-12 reimburse the authority for the actual cost incurred by the
26-13 authority, as evidenced by written receipt, for providing notice
26-14 for publication to a newspaper as required by Chapter 62 [Article
26-15 6252-13c.1, Revised Statutes]. In a community supervision
26-16 revocation hearing at which it is alleged only that the person
26-17 violated the terms of community supervision by failing to make a
26-18 payment under this subsection, the inability of the person to pay
26-19 as ordered by the judge is an affirmative defense to revocation,
26-20 which the person must prove by a preponderance of the evidence.
26-21 SECTION 5. Subsection (g), Section 8, Article 42.18, Code of
26-22 Criminal Procedure, as amended by Chapters 397 and 988, Acts of the
26-23 73rd Legislature, 1993, is amended to read as follows:
26-24 (g) The board may adopt such other reasonable rules not
26-25 inconsistent with law as it may deem proper or necessary with
27-1 respect to the eligibility of prisoners for parole and mandatory
27-2 supervision, the conduct of parole and mandatory supervision
27-3 hearings, or conditions to be imposed upon parolees and persons
27-4 released to mandatory supervision. Each person to be released on
27-5 parole shall be furnished a contract setting forth in clear and
27-6 intelligible language the conditions and rules of parole. The
27-7 parole panel may include as a condition of parole or mandatory
27-8 supervision any condition that a court may impose on a defendant
27-9 placed on community supervision under Article 42.12 of this code,
27-10 including the condition that the person released submit to testing
27-11 for controlled substances or submit to electronic monitoring if the
27-12 parole panel determines that absent testing for controlled
27-13 substances or participation in an electronic monitoring program the
27-14 person would not be released on parole. Acceptance, signing, and
27-15 execution of the contract by the inmate to be paroled shall be a
27-16 precondition to release on parole. Persons released on mandatory
27-17 supervision shall be furnished a written statement setting forth in
27-18 clear and intelligible language the conditions and rules of
27-19 mandatory supervision. The parole panel may also require as a
27-20 condition of parole or release to mandatory supervision that the
27-21 person make payments in satisfaction of damages the person is
27-22 liable for under Section 500.002, Government Code. The parole
27-23 panel shall require as a condition of parole or mandatory
27-24 supervision that the person register under Chapter 62 [Article
27-25 6252-13c.1, Revised Statutes]. The parole panel may require as a
28-1 condition of parole or release to mandatory supervision that the
28-2 person attend counseling sessions for substance abusers or
28-3 participate in substance abuse treatment services in a program or
28-4 facility approved or licensed by the Texas Commission on Alcohol
28-5 and Drug Abuse if the person was sentenced for an offense involving
28-6 controlled substances or the panel determines that the defendant's
28-7 substance abuse was connected to the commission of the offense.
28-8 The parole panel shall require as a condition of parole or
28-9 mandatory supervision that an inmate who immediately before
28-10 release is a participant in the program established under Section
28-11 501.0931, Government Code, participate in a drug or alcohol abuse
28-12 continuum of care treatment program.
28-13 SECTION 6. Subsection (r), Section 8, Article 42.18, Code of
28-14 Criminal Procedure, is amended to read as follows:
28-15 (r) In addition to other conditions and fees imposed by a
28-16 parole panel under this article, the parole panel shall require as
28-17 a condition of parole or release to mandatory supervision that a
28-18 person required to register as a sex offender under Chapter 62
28-19 [Article 6252-13c.1, Revised Statutes,] pay to the person's
28-20 supervising officer a fee that equals the actual cost to the
28-21 applicable local law enforcement authority for providing notice for
28-22 publication to a newspaper as required by Chapter 62 [Article
28-23 6252-13c.1, Revised Statutes]. The pardons and paroles division
28-24 shall remit fees collected under this subsection to the applicable
28-25 local law enforcement authority to reimburse the authority for the
29-1 actual cost incurred by the authority, as evidenced by written
29-2 receipt, for providing notice for publication to a newspaper as
29-3 required by Chapter 62 [Article 6252-13c.1, Revised Statutes]. In
29-4 a parole or mandatory supervision revocation hearing under Section
29-5 14 of this article at which it is alleged only that the person
29-6 failed to make a payment under this subsection, the inability of
29-7 the person to pay as ordered by a parole panel is an affirmative
29-8 defense to revocation, which the person must prove by a
29-9 preponderance of the evidence.
29-10 SECTION 7. Subsection (b), Section 18, Article 42.18, Code
29-11 of Criminal Procedure, as added by Section 13, Chapter 258, 74th
29-12 Legislature, 1995, is amended to read as follows:
29-13 (b) This section does not apply to information regarding a
29-14 sex offender if the information is authorized for release under
29-15 Chapter 62 [Article 6252-13c.1, Revised Statutes].
29-16 SECTION 8. Subsection (f), Article 60.051, Code of Criminal
29-17 Procedure, is amended to read as follows:
29-18 (f) The department shall maintain in the computerized
29-19 criminal history system any information the department maintains in
29-20 the central database under Article 62.08 [concerning whether an
29-21 offender is required to register under Article 6252-13c.1, Revised
29-22 Statutes].
29-23 SECTION 9. Subdivision (4), Section 1, Article 4512g-1,
29-24 Revised Statutes, is amended to read as follows:
29-25 (4) "Local law enforcement authority" has the meaning
30-1 assigned by [Section 1,] Article 62.01, Code of Criminal Procedure
30-2 [6252-13c.1, Revised Statutes].
30-3 SECTION 10. This Act takes effect September 1, 1997. The
30-4 change in law made by this Act to Article 62.10, Code of Criminal
30-5 Procedure, as redesignated and amended by this Act (formerly
30-6 Section 7, Article 6252-13c.1, Revised Statutes), applies only to
30-7 an offense committed on or after September 1, 1997. An offense
30-8 committed before September 1, 1997, is covered by the law in effect
30-9 when the offense was committed, and the former law is continued in
30-10 effect for that purpose. For purposes of this section, an offense
30-11 was committed before September 1, 1997, if any element of the
30-12 offense occurred before that date.
30-13 SECTION 11. (a) The change in law made by this Act to
30-14 Article 62.11, Code of Criminal Procedure, as redesignated and
30-15 amended by this Act (formerly Subsection (a), Section 8, Article
30-16 6252-13c.1, Revised Statutes), applies only to a defendant who,
30-17 with respect to an offense listed in Subdivision (5), Article
30-18 62.01, Code of Criminal Procedure, as redesignated and amended by
30-19 this Act (formerly Subdivision (5), Section 1, Article 6252-13c.1,
30-20 Revised Statutes), on or after the effective date of this Act:
30-21 (1) is confined in a penal institution, as that term
30-22 is defined by Subdivision (3), Article 62.01, Code of Criminal
30-23 Procedure, as redesignated and amended by this Act (formerly
30-24 Subdivision (3), Section 1, Article 6252-13c.1, Revised Statutes);
30-25 or
31-1 (2) is under the supervision and control of a juvenile
31-2 probation office or an agency or entity operating under contract
31-3 with a juvenile probation office, a community supervision and
31-4 corrections department, or the pardons and paroles division of the
31-5 Texas Department of Criminal Justice.
31-6 (b) A defendant who, on the effective date of this Act, is
31-7 not described by Subdivision (1) or (2) of Subsection (a) of this
31-8 section is covered by the law in effect under Subsection (a),
31-9 Section 8, Article 6252-13c.1, Revised Statutes, before that
31-10 section was redesignated and amended by this Act, and the former
31-11 law is continued in effect for that purpose.
31-12 SECTION 12. The Department of Public Safety shall take
31-13 action necessary to ensure that the requirements of Article 60.051,
31-14 Code of Criminal Procedure, as amended by this Act, and Subsection
31-15 (b), Article 62.02, Code of Criminal Procedure, as redesignated and
31-16 amended by this Act (formerly Subsection (b), Section 2, Article
31-17 6252-13c.1, Revised Statutes), are satisfied not later than January
31-18 1, 1998.
31-19 SECTION 13. The importance of this legislation and the
31-20 crowded condition of the calendars in both houses create an
31-21 emergency and an imperative public necessity that the
31-22 constitutional rule requiring bills to be read on three several
31-23 days in each house be suspended, and this rule is hereby suspended.
31-24 COMMITTEE AMENDMENT NO. 1
31-25 Amend S.B. No. 875 as follows:
32-1 (1) In SECTION 1 of the bill, at the end of proposed Article
32-2 62.03(e), Code of Criminal Procedure (Senate engrossment, page 11,
32-3 line 7), between "appropriate" and the period, insert ". On receipt
32-4 of a notice under this subsection, the superintendent or
32-5 administrator shall release the information contained in the notice
32-6 to appropriate school district or private school personnel, as
32-7 appropriate, including any peace officers and security personnel,
32-8 principals, nurses, and counselors".
32-9 (2) In SECTION 1 of the bill, strike proposed Article
32-10 62.03(f), Code of Criminal Procedure (Senate engrossment, page 11,
32-11 lines 8-15), and substitute the following:
32-12 (f) The local law enforcement authority shall include in the
32-13 notice by publication in a newspaper the following information
32-14 only:
32-15 (1) the person's full name, age, and gender;
32-16 (2) a brief description of the offense for which the
32-17 person is subject to registration; [and]
32-18 (3) the municipality, numeric street address or
32-19 physical address, if a numeric street address is not available
32-20 [name], and zip code number where the person intends to reside; and
32-21 (4) a recent photograph of the person.
32-22 (3) In SECTION 1 of the bill, at the end of proposed Article
32-23 62.04(f), Code of Criminal Procedure (Senate engrossment, page 14,
32-24 line 23), between "appropriate" and the period, insert ". On
32-25 receipt of a notice under this subsection, the superintendent or
33-1 administrator shall release the information contained in the notice
33-2 to appropriate school district or private school personnel, as
33-3 appropriate, including any peace officers and security personnel,
33-4 principals, nurses, and counselors".
33-5 (4) In SECTION 1 of the bill, strike proposed Article
33-6 62.04(g), Code of Criminal Procedure (Senate engrossment, page 14,
33-7 line 24 to page 15, line 6), and substitute the following:
33-8 (g) The local law enforcement authority shall include in the
33-9 notice by publication in a newspaper the following information
33-10 only:
33-11 (1) the person's full name, age, and gender;
33-12 (2) a brief description of the offense for which the
33-13 person is subject to registration; [and]
33-14 (3) the municipality, numeric street address or
33-15 physical address, if a numeric street address is not available
33-16 [name], and zip code number where the person intends to reside; and
33-17 (4) a recent photograph of the person.
33-18 75R14072 PEP-D McClendon