By Shapiro S.B. No. 875
75R2535 PEP-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the applicability of the sex offender registration
1-3 program to certain defendants, to the procedures used to register
1-4 and monitor sex offenders, and to the imposition of criminal
1-5 penalties.
1-6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-7 SECTION 1. Article 6252-13c.1, Revised Statutes, is
1-8 redesignated as Chapter 62, Code of Criminal Procedure, and amended
1-9 to read as follows:
1-10 CHAPTER 62. SEX [Art. 6252-13c.1. SEXUAL]
1-11 OFFENDER REGISTRATION PROGRAM
1-12 Art. 62.01 [Sec. 1]. DEFINITIONS. In this chapter
1-13 [article]:
1-14 (1) "Department" means the Department of Public
1-15 Safety.
1-16 (2) "Local law enforcement authority" means the chief
1-17 of police of a municipality or the sheriff of a county in this
1-18 state.
1-19 (3) "Penal institution" means a confinement facility
1-20 operated by or under a contract with any division of the Texas
1-21 Department of Criminal Justice, a confinement facility operated by
1-22 or under contract with the Texas Youth Commission, or a county
1-23 jail.
1-24 (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 violation of Section 21.07
2-7 (Public lewdness), 21.11 (Indecency with a child), 22.011 (Sexual
2-8 assault), 22.021 (Aggravated sexual assault), 25.02 (Prohibited
2-9 sexual conduct), Penal Code;
2-10 (B) a conviction for violation of Section 43.24
2-11 (Sale, distribution, or display of harmful material to minor),
2-12 43.25 (Sexual performance by a child), 43.251 (Employment harmful
2-13 to children), or 43.26 (Possession or promotion of child
2-14 pornography), 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;
2-26 (F) a conviction for an attempt, conspiracy, or
2-27 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
3-26 reside in a municipality, the person shall register or verify
3-27 registration in any county where the person resides or intends to
4-1 reside for more than seven days. The person shall satisfy the
4-2 requirements of this subsection not later than the seventh day
4-3 after the person's arrival in the municipality or county.
4-4 (b) The department shall provide the Texas Department of
4-5 Criminal Justice, the Texas Youth Commission, the Juvenile
4-6 Probation Commission, and each local law enforcement authority,
4-7 county jail, and court with a form for registering persons required
4-8 by this chapter [article] to register. The registration form shall
4-9 require:
4-10 (1) the person's full name, each alias, date of birth,
4-11 sex, race, height, weight, eye color, hair color, social security
4-12 number, driver's license number, shoe size, and home address;
4-13 (2) a photograph of the person and a complete set of
4-14 the person's fingerprints;
4-15 (3) the type of offense the person was convicted of,
4-16 the age of the victim, the date of conviction, and the punishment
4-17 received; [and]
4-18 (4) an indication as to whether the person is
4-19 discharged, paroled, or released on juvenile probation, community
4-20 supervision, or mandatory supervision; and
4-21 (5) any other information required by the department.
4-22 (c) Not later than the third day after a person's
4-23 registering, the local law enforcement authority with whom the
4-24 person registered shall send a copy of the registration form to the
4-25 department.
4-26 (d) A person for whom registration is completed under this
4-27 chapter [article] shall report to the applicable local law
5-1 enforcement authority to verify the information in the registration
5-2 form received by the authority under this chapter [article]. The
5-3 authority shall require the person to produce proof of the person's
5-4 identity and residence before the authority gives the registration
5-5 form to the person for verification. If the information in the
5-6 registration form is complete and accurate, the person shall verify
5-7 registration by signing the form. If the information is not
5-8 complete or not accurate, the person shall make any necessary
5-9 additions or corrections before signing the form.
5-10 [(d) On the day a court pronounces a sentence of
5-11 imprisonment, deferred adjudication, community supervision,
5-12 juvenile probation, fine only, or other disposition for a person
5-13 who is subject to registration under this article, the court shall:]
5-14 [(1) inform the person of the person's duty to
5-15 register under this article and require the person to sign a
5-16 written statement that the person was informed of the duty, or if
5-17 the person refuses to sign the statement, certify that the person
5-18 was informed of the duty;]
5-19 [(2) complete the registration form for the person and
5-20 send the form to the department and:]
5-21 [(A) if the person is sentenced to a penal
5-22 institution and imposition of sentence is not suspended, to the
5-23 penal institution; or]
5-24 [(B) if the person is sentenced to a penal
5-25 institution and the imposition of the sentence is suspended or the
5-26 person receives other disposition, to the local law enforcement
5-27 authority in the municipality or unincorporated area of the county
6-1 in which the person expects to reside.]
6-2 (e) A person who is required to register or verify
6-3 registration under this chapter shall ensure that the person's
6-4 registration form is complete and accurate with respect to each
6-5 item of information required by the form in accordance with
6-6 Subsection (b).
6-7 (f) If a person subject to registration under this chapter
6-8 [article] does not move to an intended residence by the end of the
6-9 seventh day after the date on which the person is released [on
6-10 community supervision, parole, or mandatory supervision] or the
6-11 date on which the person leaves a previous residence, the person
6-12 shall:
6-13 (1) report to the juvenile probation officer,
6-14 community supervision and corrections department officer, or [the]
6-15 parole officer supervising the person by not later than the
6-16 seventh day after the date on which the person is released or the
6-17 date on which the person leaves a previous residence, as
6-18 applicable, and provide the officer with the address of the
6-19 person's temporary residence; and
6-20 (2) continue to report to the person's supervising
6-21 officer not less than weekly during any period of time in which the
6-22 person has not moved to an intended residence and provide the
6-23 officer with the address of the person's temporary residence.
6-24 Art. 62.03 [Sec. 3]. PRERELEASE NOTIFICATION. (a) Before a
6-25 person who will be subject to registration under this chapter
6-26 [article] is due to be released from a penal institution, an
6-27 official of the penal institution shall:
7-1 (1) inform the person that:
7-2 (A) not later than the seventh day after the
7-3 date on which the person is released [on community supervision,
7-4 parole, or mandatory supervision] or the date on which the person
7-5 moves from a previous residence to a new residence in this state,
7-6 the person must:
7-7 (i) register or verify registration with
7-8 the local law enforcement authority in the municipality or county
7-9 in which the person intends to reside; or
7-10 (ii) if the person has not moved to an
7-11 intended residence, report to the juvenile probation officer,
7-12 community supervision and corrections department officer, or [the]
7-13 parole officer supervising the person;
7-14 (B) not later than the seventh day before the
7-15 date on which the person moves to a new residence in this state or
7-16 another state, the person must report in person to the local law
7-17 enforcement authority with whom the person last registered and to
7-18 the juvenile probation officer, community supervision and
7-19 corrections department officer, or [the] parole officer supervising
7-20 the person; and
7-21 (C) not later than the 10th day after the date
7-22 on which the person arrives in another state in which the person
7-23 intends to reside, the person must register with the law
7-24 enforcement agency that is identified by the department as the
7-25 agency designated by that state to receive registration
7-26 information, if the other state has a registration requirement for
7-27 sex offenders;
8-1 (2) require the person to sign a written statement
8-2 that the person was informed of the person's duties as described by
8-3 Subdivision (1) [of this subsection] or, if the person refuses to
8-4 sign the statement, certify that the person was so informed;
8-5 (3) obtain the address where the person expects to
8-6 reside on the person's release and other registration information,
8-7 including a photograph and complete set of fingerprints; and
8-8 (4) complete the registration form for the person.
8-9 (b) On the seventh day before the date on which a person who
8-10 will be subject to registration under this chapter [article] is due
8-11 to be released from a penal institution, or on receipt of notice by
8-12 a penal institution that a person who will be subject to
8-13 registration under this chapter [article] is due to be released in
8-14 less than seven days, an official of the penal institution shall
8-15 send the person's completed registration form to the department and
8-16 to:
8-17 (1) the applicable local law enforcement authority in
8-18 the municipality or county in which the person expects to reside,
8-19 if the person expects to reside in this state; or
8-20 (2) the law enforcement agency that is identified by
8-21 the department as the agency designated by another state to receive
8-22 registration information, if the person expects to reside in that
8-23 other state and that other state has a registration requirement for
8-24 sex offenders.
8-25 (c) If a person who is subject to registration under this
8-26 chapter [article] receives an order deferring adjudication,
8-27 community supervision, or only a fine, the court pronouncing the
9-1 order or sentence shall ensure that the prerelease notification
9-2 and registration requirements specified in this section are
9-3 conducted on the day of entering the order or sentencing. If a
9-4 community supervision and corrections department representative is
9-5 available in court at the time a court pronounces a sentence of
9-6 deferred adjudication or community supervision, the representative
9-7 shall immediately conduct the prerelease notification and
9-8 registration requirements specified in this section. In any other
9-9 case in which the court pronounces a sentence under this
9-10 subsection, the court shall designate another appropriate
9-11 individual to conduct the prerelease notification and registration
9-12 requirements specified in this section.
9-13 (d) If a person who has a reportable conviction for an
9-14 offense described by Article 62.01(5)(I) or (J) [under Section
9-15 1(5)(I) or (J) of this article] is placed under the supervision of
9-16 the pardons and paroles division of the Texas Department of
9-17 Criminal Justice or a community supervision and corrections
9-18 department under Article 42.11, [Code of Criminal Procedure,] the
9-19 division or community supervision and corrections department shall
9-20 conduct the prerelease notification and registration requirements
9-21 specified in this section on the date the person is placed under
9-22 the supervision of the division or community supervision and
9-23 corrections department.
9-24 (e) Not later than the eighth day after receiving a
9-25 registration form under Subsection (b), (c), or (d) [of this
9-26 section], the local law enforcement authority shall verify the age
9-27 of the victim and the basis on which the person is subject to
10-1 registration under this chapter [article]. If the victim is a
10-2 child younger than 17 years of age and the basis on which the
10-3 person is subject to registration is not an adjudication of
10-4 delinquent conduct or a deferred adjudication and is not a
10-5 conviction for an offense under Section 25.02, Penal Code, the
10-6 authority shall immediately publish notice in English and Spanish
10-7 in at least one newspaper of general circulation in the county in
10-8 which the person subject to registration intends to reside. The
10-9 authority shall publish a duplicate notice in the newspaper, with
10-10 any necessary corrections, during the week immediately following
10-11 the week of initial publication. If the victim is a child younger
10-12 than 17 years of age, regardless of the basis on which the person
10-13 is subject to registration, the authority shall immediately provide
10-14 notice to the superintendent of the public [schools of the] school
10-15 district and to the administrator of any private school located in
10-16 the public school district in which the person subject to
10-17 registration intends to reside by mail to the [district] office of
10-18 the superintendent or administrator, as appropriate.
10-19 (f) The local law enforcement authority shall include in the
10-20 notice by publication in a newspaper the following information
10-21 only:
10-22 (1) the person's age and gender;
10-23 (2) a brief description of the offense for which the
10-24 person is subject to registration; and
10-25 (3) the municipality, street name, and zip code number
10-26 where the person intends to reside.
10-27 (g) The local law enforcement authority shall include in the
11-1 notice to the superintendent of the public school district and to
11-2 the administrator of any private school located in the public
11-3 school district [schools] any information the authority determines
11-4 is necessary to protect the public, except:
11-5 (1) the person's social security number, driver's
11-6 license number, or telephone number; and
11-7 (2) any information that would identify the victim of
11-8 the offense for which the person is subject to registration.
11-9 Art. 62.04 [Sec. 4]. CHANGE OF ADDRESS. (a) If a person
11-10 required to register intends to change address, regardless of
11-11 whether the person intends to move to another state, the person
11-12 shall, not later than the seventh day before the intended change,
11-13 report in person to the local law enforcement authority with whom
11-14 the person last registered and to the juvenile probation officer,
11-15 community supervision and corrections department officer, or [the]
11-16 parole officer supervising the person and provide the authority and
11-17 the officer with the person's anticipated move date and new
11-18 address.
11-19 (b) Not later than the third day after receipt of notice
11-20 under Subsection (a) [of this section], the person's juvenile
11-21 probation officer, community supervision and corrections department
11-22 officer, or parole officer shall forward the information provided
11-23 under Subsection (a) [of this section] to the local law enforcement
11-24 authority with whom the person last registered and, if the person
11-25 intends to move to another municipality or county in this state, to
11-26 the applicable local law enforcement authority in that municipality
11-27 or county.
12-1 (c) If the person moves to another state that has a
12-2 registration requirement for sex offenders, the person shall, not
12-3 later than the 10th day after the date on which the person arrives
12-4 in the other state, register with the law enforcement agency that
12-5 is identified by the department as the agency designated by that
12-6 state to receive registration information.
12-7 (d) Not later than the third day after receipt of
12-8 information under Subsection (a) or (b) [of this section],
12-9 whichever is earlier, the local law enforcement authority shall
12-10 forward this information to the department and, if the person
12-11 intends to move to another municipality or county in this state, to
12-12 the applicable local law enforcement authority in that municipality
12-13 or county.
12-14 (e) If a person who reports to a local law enforcement
12-15 authority under Subsection (a) [of this section] does not move on
12-16 or before the anticipated move date or does not move to the new
12-17 address provided to the authority, the person shall:
12-18 (1) report to the local law enforcement authority with
12-19 whom the person last registered not later than the seventh day
12-20 after the anticipated move date and provide an explanation to the
12-21 authority regarding any changes in the anticipated move date and
12-22 intended residence; and
12-23 (2) report to the juvenile probation officer,
12-24 community supervision and corrections department officer, or [the]
12-25 parole officer supervising the person not less than weekly during
12-26 any period in which the person has not moved to an intended
12-27 residence.
13-1 (f) If the person moves to another municipality or county in
13-2 this state, the department shall inform the applicable local law
13-3 enforcement authority in the new area of the person's residence not
13-4 later than the third day after the date on which the department
13-5 receives information under Subsection (a) [of this section]. Not
13-6 later than the eighth day after the date on which the local law
13-7 enforcement authority is informed under Subsection (a) [of this
13-8 section] or under this subsection, the authority shall verify the
13-9 age of the victim and the basis on which the person is subject to
13-10 registration under this chapter [article]. If the victim is a
13-11 child younger than 17 years of age and the basis on which the
13-12 person is subject to registration is not an adjudication of
13-13 delinquent conduct or a deferred adjudication and is not a
13-14 conviction for an offense under Section 25.02, Penal Code, the
13-15 authority shall immediately publish notice in English and Spanish
13-16 in at least one newspaper of general circulation in the county in
13-17 which the person subject to registration intends to reside. The
13-18 local law enforcement authority shall publish a duplicate notice in
13-19 the newspaper, with any necessary corrections, during the week
13-20 immediately following the week of initial publication. If the
13-21 victim is a child younger than 17 years of age, regardless of the
13-22 basis on which the person is subject to registration, the authority
13-23 shall immediately provide notice to the superintendent of the
13-24 public [schools of the] school district and to the administrator of
13-25 any private school located in the public school district in which
13-26 the person subject to registration intends to reside by mail to the
13-27 [district] office of the superintendent or administrator, as
14-1 appropriate.
14-2 (g) The local law enforcement authority shall include in the
14-3 notice by publication in a newspaper the following information
14-4 only:
14-5 (1) the person's age and gender;
14-6 (2) a brief description of the offense for which the
14-7 person is subject to registration; and
14-8 (3) the municipality, street name, and zip code number
14-9 where the person intends to reside.
14-10 (h) The local law enforcement authority shall include in the
14-11 notice to the superintendent of the public school district and the
14-12 administrator of any private school located in the public school
14-13 district [schools] any information the authority determines is
14-14 necessary to protect the public, except:
14-15 (1) the person's social security number, driver's
14-16 license number, or telephone number; and
14-17 (2) any information that would identify the victim of
14-18 the offense for which the person is subject to registration.
14-19 (i) If the person moves to another state, the department
14-20 shall, immediately on receiving information under Subsection (d)
14-21 [of this section]:
14-22 (1) inform the law enforcement agency that is
14-23 designated by the other state to receive registration information,
14-24 if that state has a registration requirement for sex offenders; and
14-25 (2) send to the Federal Bureau of Investigation a copy
14-26 of the person's registration form, including the record of
14-27 conviction and a complete set of fingerprints.
15-1 Art. 62.05. STATUS REPORT BY SUPERVISING OFFICER. If the
15-2 juvenile probation officer, community supervision and corrections
15-3 department officer, or parole officer supervising a person subject
15-4 to registration under this chapter receives information to the
15-5 effect that the person's status has changed in any manner that
15-6 affects proper supervision of the person, including a change in the
15-7 person's physical health, job status, incarceration, or terms of
15-8 release, the supervising officer shall promptly notify the
15-9 appropriate local law enforcement authority or authorities of that
15-10 change. If the person required to register intends to change
15-11 address, the person's supervising officer shall notify the local
15-12 law enforcement authorities designated by Article 62.04(b).
15-13 Art. 62.06. LAW ENFORCEMENT VERIFICATION OF REGISTRATION
15-14 INFORMATION. (a) A local law enforcement authority with whom a
15-15 person is required to register under this chapter may direct the
15-16 person to report to the authority to verify the information in the
15-17 registration form maintained by the authority for that person. The
15-18 authority may direct the person to report under this subsection
15-19 once each year not earlier than the 30th day before and not later
15-20 than the 30th day after the anniversary of the date on which the
15-21 person first registered under this chapter. The authority shall
15-22 require the person to produce proof of the person's identity and
15-23 residence before the authority gives the registration form to the
15-24 person for verification. If the information in the registration
15-25 form is complete and accurate, the person shall verify registration
15-26 by signing the form. If the information is not complete or not
15-27 accurate, the person shall make any necessary additions or
16-1 corrections before signing the form.
16-2 (b) A local law enforcement authority with whom a person is
16-3 required to register under this chapter may at any time mail a
16-4 nonforwardable verification form to the last reported address of
16-5 the person. Not later than the 21st day after receipt of a
16-6 verification form under this subsection, the person shall:
16-7 (1) indicate on the form whether the person still
16-8 resides at the last reported address and, if not, provide on the
16-9 form the person's new address;
16-10 (2) complete any other information required by the
16-11 form;
16-12 (3) sign the form; and
16-13 (4) return the form to the authority.
16-14 Art. 62.07 [Sec. 4A]. REMEDIES RELATED TO PUBLIC NOTICE. A
16-15 person subject to registration under this chapter [article] may
16-16 petition the district court for injunctive relief to restrain a
16-17 local law enforcement authority from publishing notice in a
16-18 newspaper as required by Article 62.03 or 62.04 [Section 3 or
16-19 Section 4 of this article]. The court may issue a temporary
16-20 restraining order under this section before notice is served and a
16-21 hearing is held on the matter. After a hearing on the matter, the
16-22 court may grant any injunctive relief warranted by the facts,
16-23 including a restraining order or a temporary or permanent
16-24 injunction, if the person subject to registration under this
16-25 chapter [article] proves by a preponderance of the evidence
16-26 specific facts indicating that newspaper publication under Article
16-27 62.03 or 62.04 [Section 3 or Section 4 of this article] would place
17-1 the person's health and well-being in immediate danger.
17-2 Art. 62.08 [Sec. 5]. CENTRAL DATABASE; PUBLIC INFORMATION.
17-3 (a) The department shall maintain a computerized central database
17-4 containing only the information required for registration under
17-5 this chapter [article].
17-6 (b) The information contained in the database is public
17-7 information, with the exception of the person's photograph or any
17-8 information:
17-9 (1) regarding the person's social security number,
17-10 driver's license number, numeric street address, or telephone
17-11 number; [or]
17-12 (2) that is required by the department under Article
17-13 62.02(b)(5); or
17-14 (3) that would identify the victim of the offense for
17-15 which the person is subject to registration.
17-16 (c) A local law enforcement authority shall release public
17-17 information described under Subsection (b) [of this section] to any
17-18 person who submits to the authority a written request for the
17-19 information. The authority may charge the person a fee not to
17-20 exceed the amount reasonably necessary to cover the administrative
17-21 costs associated with the authority's release of information to the
17-22 person under this subsection.
17-23 Art. 62.09 [Sec. 5A]. IMMUNITY FOR RELEASE OF PUBLIC
17-24 INFORMATION. (a) The department, a penal institution, or a local
17-25 law enforcement authority may release to the public information
17-26 regarding a person required to register if the information is
17-27 public information under this chapter [article].
18-1 (b) An individual, agency, entity, or authority is not
18-2 liable under Chapter 101, Civil Practice and Remedies Code, or any
18-3 other law for damages arising from conduct authorized by Subsection
18-4 (a) [of this section].
18-5 (c) For purposes of determining liability, the release or
18-6 withholding of information by an appointed or elected officer of an
18-7 agency, entity, or authority is a discretionary act.
18-8 (d) A private school or administrator of a private school
18-9 may release to the public information regarding a person required
18-10 to register if the information is public information under this
18-11 chapter and is released to the administrator under Article 62.03 or
18-12 62.04. A private school or administrator of a private school is
18-13 not liable under any law for damages arising from conduct
18-14 authorized by this subsection.
18-15 Art. 62.10 [Sec. 7]. FAILURE TO COMPLY WITH REGISTRATION
18-16 REQUIREMENTS [REGISTER]. (a) A person commits an offense if the
18-17 person is required to register and fails to comply with any
18-18 requirement of this chapter [article].
18-19 (b) An offense under this section is a state jail felony
18-20 [Class A misdemeanor].
18-21 (c) If it is shown at the trial of a person for an offense
18-22 under this section that the person has previously been convicted of
18-23 an offense under this section, the person shall be punished for a
18-24 felony of the third degree.
18-25 Art. 62.11 [Sec. 8]. APPLICABILITY [EXEMPTIONS]. [(a)]
18-26 This chapter [article] applies only to a reportable conviction or
18-27 adjudication[:]
19-1 [(1)] occurring on or after[:]
19-2 [(A)] September 1, 1991[, if the conviction is
19-3 for or the adjudication is based on an offense listed in Section
19-4 1(5)(A) of this article;]
19-5 [(B) September 1, 1993, if the conviction is for
19-6 or the adjudication is based on an offense listed in Section
19-7 1(5)(B) of this article; or]
19-8 [(C) September 1, 1995, if the conviction is for
19-9 an offense described under Section 1(5)(C), (D), (E), (F), (I), or
19-10 (J) of this article; or]
19-11 [(2) for which an order of deferred adjudication is
19-12 entered by the court on or after September 1, 1993].
19-13 [(b) A person who has a reportable conviction or
19-14 adjudication may petition a district judge in the county where the
19-15 person resides or intends to reside for an exemption from this
19-16 article. If the person shows good cause, the district judge shall
19-17 grant the exemption.]
19-18 Art. 62.12 [Sec. 9]. EXPIRATION OF DUTY TO REGISTER. (a)
19-19 The duty to register for a person with a reportable adjudication
19-20 under Article 62.01(5)(G) [Section 1(5)(D) of this article] ends on
19-21 the 10th anniversary of the date on which:
19-22 (1) the person ceases to be under the supervision of
19-23 the Texas Youth Commission, if the person was committed to the
19-24 Texas Youth Commission other than under a determinate sentence;
19-25 (2) the person is discharged from the Texas Youth
19-26 Commission or the Texas Department of Criminal Justice, whichever
19-27 date is later, if the person was committed to the Texas Youth
20-1 Commission under a determinate sentence; or
20-2 (3) the disposition is made or the person completes
20-3 the terms of the disposition, whichever date is later, if the
20-4 person received a disposition that did not include a commitment to
20-5 the Texas Youth Commission.
20-6 (b) The duty to register for a person with a reportable
20-7 conviction, other than a conviction for a violation of Section
20-8 21.11(a)(1), 22.021, or 43.25, Penal Code, ends on the 10th
20-9 anniversary of the date on which the person is released from the
20-10 institutional division of the Texas Department of Criminal Justice
20-11 or the person discharges parole or community supervision, whichever
20-12 date is later.
20-13 (c) The duty to register for a person with a reportable
20-14 conviction or adjudication based on an order of deferred
20-15 adjudication under Article 62.01(5)(H) [Section 1(5)(E) of this
20-16 article], other than an order of deferred adjudication for a
20-17 violation of Section 21.11(a)(1), 22.021, or 43.25, Penal Code,
20-18 ends on the 10th anniversary of the date on which:
20-19 (1) the court dismisses the criminal proceedings
20-20 against the person and discharges the person; or
20-21 (2) the person is released from the institutional
20-22 division of the Texas Department of Criminal Justice or the person
20-23 discharges parole or community supervision, if the court proceeded
20-24 to final adjudication in the case.
20-25 SECTION 2. Section 1, Article 42.01, Code of Criminal
20-26 Procedure, is amended to read as follows:
20-27 Sec. 1. A judgment is the written declaration of the court
21-1 signed by the trial judge and entered of record showing the
21-2 conviction or acquittal of the defendant. The sentence served
21-3 shall be based on the information contained in the judgment. The
21-4 judgment should reflect:
21-5 1. The title and number of the case;
21-6 2. That the case was called and the parties appeared,
21-7 naming the attorney for the state, the defendant, and the attorney
21-8 for the defendant, or, where a defendant is not represented by
21-9 counsel, that the defendant knowingly, intelligently, and
21-10 voluntarily waived the right to representation by counsel;
21-11 3. The plea or pleas of the defendant to the offense
21-12 charged;
21-13 4. Whether the case was tried before a jury or a jury
21-14 was waived;
21-15 5. The submission of the evidence, if any;
21-16 6. In cases tried before a jury that the jury was
21-17 charged by the court;
21-18 7. The verdict or verdicts of the jury or the finding
21-19 or findings of the court;
21-20 8. In the event of a conviction that the defendant is
21-21 adjudged guilty of the offense as found by the verdict of the jury
21-22 or the finding of the court, and that the defendant be punished in
21-23 accordance with the jury's verdict or the court's finding as to the
21-24 proper punishment;
21-25 9. In the event of conviction where death or any
21-26 punishment is assessed that the defendant be sentenced to death, a
21-27 term of confinement or community supervision, or to pay a fine, as
22-1 the case may be;
22-2 10. In the event of conviction where the imposition of
22-3 sentence is suspended and the defendant is placed on community
22-4 supervision, setting forth the punishment assessed, the length of
22-5 community supervision, and the conditions of community supervision;
22-6 11. In the event of acquittal that the defendant be
22-7 discharged;
22-8 12. The county and court in which the case was tried
22-9 and, if there was a change of venue in the case, the name of the
22-10 county in which the prosecution was originated;
22-11 13. The offense or offenses for which the defendant
22-12 was convicted;
22-13 14. The date of the offense or offenses and degree of
22-14 offense for which the defendant was convicted;
22-15 15. The term of sentence;
22-16 16. The date judgment is entered;
22-17 17. The date sentence is imposed;
22-18 18. The date sentence is to commence and any credit
22-19 for time served;
22-20 19. The terms of any order entered pursuant to Article
22-21 42.08 of this code that the defendant's sentence is to run
22-22 cumulatively or concurrently with another sentence or sentences;
22-23 20. The terms of any plea bargain;
22-24 21. Affirmative findings entered pursuant to
22-25 Subdivision (2) of Subsection (a) of Section 3g of Article 42.12 of
22-26 this code;
22-27 22. The terms of any fee payment ordered under
23-1 Articles 37.072 and 42.151 of this code;
23-2 23. The defendant's thumbprint taken in accordance
23-3 with Article 38.33 of this code;
23-4 24. In the event that the judge orders the defendant
23-5 to repay a reward or part of a reward under Articles 37.073 and
23-6 42.152 of this code, a statement of the amount of the payment or
23-7 payments required to be made;
23-8 25. In the event that the court orders restitution to
23-9 be paid to the victim, a statement of the amount of restitution
23-10 ordered and:
23-11 (A) the name of the victim and the permanent
23-12 mailing address of the victim at the time of the judgment; or
23-13 (B) if the court determines that the inclusion
23-14 of the victim's name and address in the judgment is not in the best
23-15 interest of the victim, the name and address of a person or agency
23-16 that will accept and forward restitution payments to the victim;
23-17 26. In the event that a presentence investigation is
23-18 required by Section 9(a), (b), (h), or (i), Article 42.12 of this
23-19 code, a statement that the presentence investigation was done
23-20 according to the applicable provision; and
23-21 27. In the event of conviction of an offense for which
23-22 registration as a sex offender is required under Chapter 62
23-23 [Article 6252-13c.1, Revised Statutes], a statement that the
23-24 registration requirement of that chapter [article] applies to the
23-25 defendant and a statement of the age of the victim of the offense.
23-26 SECTION 3. Section 11(e), Article 42.12, Code of Criminal
23-27 Procedure, is amended to read as follows:
24-1 (e) A judge granting community supervision to a defendant
24-2 required to register as a sex offender under Chapter 62 [Article
24-3 6252-13c.1, Revised Statutes,] shall require the registration as a
24-4 condition of community supervision.
24-5 SECTION 4. Section 19(g), Article 42.12, Code of Criminal
24-6 Procedure, is amended to read as follows:
24-7 (g) If the judge places on community supervision a person
24-8 required to register as a sex offender under Chapter 62 [Article
24-9 6252-13c.1, Revised Statutes], the judge shall require as a
24-10 condition of community supervision that the person pay to the
24-11 person's supervising officer a fee that equals the actual cost to
24-12 the applicable local law enforcement authority for providing notice
24-13 for publication to a newspaper as required by Chapter 62 [Article
24-14 6252-13c.1, Revised Statutes]. A community supervision and
24-15 corrections department shall remit fees collected under this
24-16 subsection to the applicable local law enforcement authority to
24-17 reimburse the authority for the actual cost incurred by the
24-18 authority, as evidenced by written receipt, for providing notice
24-19 for publication to a newspaper as required by Chapter 62 [Article
24-20 6252-13c.1, Revised Statutes]. In a community supervision
24-21 revocation hearing at which it is alleged only that the person
24-22 violated the terms of community supervision by failing to make a
24-23 payment under this subsection, the inability of the person to pay
24-24 as ordered by the judge is an affirmative defense to revocation,
24-25 which the person must prove by a preponderance of the evidence.
24-26 SECTION 5. Section 8(g), Article 42.18, Code of Criminal
24-27 Procedure, as amended by Chapters 397 and 988, Acts of the 73rd
25-1 Legislature, Regular Session, 1993, is amended to read as follows:
25-2 (g) The board may adopt such other reasonable rules not
25-3 inconsistent with law as it may deem proper or necessary with
25-4 respect to the eligibility of prisoners for parole and mandatory
25-5 supervision, the conduct of parole and mandatory supervision
25-6 hearings, or conditions to be imposed upon parolees and persons
25-7 released to mandatory supervision. Each person to be released on
25-8 parole shall be furnished a contract setting forth in clear and
25-9 intelligible language the conditions and rules of parole. The
25-10 parole panel may include as a condition of parole or mandatory
25-11 supervision any condition that a court may impose on a defendant
25-12 placed on community supervision under Article 42.12 of this code,
25-13 including the condition that the person released submit to testing
25-14 for controlled substances or submit to electronic monitoring if the
25-15 parole panel determines that absent testing for controlled
25-16 substances or participation in an electronic monitoring program the
25-17 person would not be released on parole. Acceptance, signing, and
25-18 execution of the contract by the inmate to be paroled shall be a
25-19 precondition to release on parole. Persons released on mandatory
25-20 supervision shall be furnished a written statement setting forth in
25-21 clear and intelligible language the conditions and rules of
25-22 mandatory supervision. The parole panel may also require as a
25-23 condition of parole or release to mandatory supervision that the
25-24 person make payments in satisfaction of damages the person is
25-25 liable for under Section 500.002, Government Code. The parole panel
25-26 shall require as a condition of parole or mandatory supervision
25-27 that the person register under Chapter 62 [Article 6252-13c.1,
26-1 Revised Statutes]. The parole panel may require as a condition of
26-2 parole or release to mandatory supervision that the person attend
26-3 counseling sessions for substance abusers or participate in
26-4 substance abuse treatment services in a program or facility
26-5 approved or licensed by the Texas Commission on Alcohol and Drug
26-6 Abuse if the person was sentenced for an offense involving
26-7 controlled substances or the panel determines that the defendant's
26-8 substance abuse was connected to the commission of the offense.
26-9 The parole panel shall require as a condition of parole or
26-10 mandatory supervision that an inmate who immediately before
26-11 release is a participant in the program established under Section
26-12 501.0931, Government Code, participate in a drug or alcohol abuse
26-13 continuum of care treatment program.
26-14 SECTION 6. Section 8(r), Article 42.18, Code of Criminal
26-15 Procedure, is amended to read as follows:
26-16 (r) In addition to other conditions and fees imposed by a
26-17 parole panel under this article, the parole panel shall require as
26-18 a condition of parole or release to mandatory supervision that a
26-19 person required to register as a sex offender under Chapter 62
26-20 [Article 6252-13c.1, Revised Statutes,] pay to the person's
26-21 supervising officer a fee that equals the actual cost to the
26-22 applicable local law enforcement authority for providing notice for
26-23 publication to a newspaper as required by Chapter 62 [Article
26-24 6252-13c.1, Revised Statutes]. The pardons and paroles division
26-25 shall remit fees collected under this subsection to the applicable
26-26 local law enforcement authority to reimburse the authority for the
26-27 actual cost incurred by the authority, as evidenced by written
27-1 receipt, for providing notice for publication to a newspaper as
27-2 required by Chapter 62 [Article 6252-13c.1, Revised Statutes]. In
27-3 a parole or mandatory supervision revocation hearing under Section
27-4 14 of this article at which it is alleged only that the person
27-5 failed to make a payment under this subsection, the inability of
27-6 the person to pay as ordered by a parole panel is an affirmative
27-7 defense to revocation, which the person must prove by a
27-8 preponderance of the evidence.
27-9 SECTION 7. Section 18(b), Article 42.18, Code of Criminal
27-10 Procedure, as added by Section 13, Chapter 258, 74th Legislature,
27-11 Regular Session, 1995, is amended to read as follows:
27-12 (b) This section does not apply to information regarding a
27-13 sex offender if the information is authorized for release under
27-14 Chapter 62 [Article 6252-13c.1, Revised Statutes].
27-15 SECTION 8. Article 60.051(f), Code of Criminal Procedure, is
27-16 amended to read as follows:
27-17 (f) The department shall maintain in the computerized
27-18 criminal history system any information the department maintains in
27-19 the central database under Article 62.08 [concerning whether an
27-20 offender is required to register under Article 6252-13c.1, Revised
27-21 Statutes].
27-22 SECTION 9. Section 1(4), Article 4512g-1, Revised Statutes,
27-23 is amended to read as follows:
27-24 (4) "Local law enforcement authority" has the meaning
27-25 assigned by [Section 1,] Article 62.01, Code of Criminal Procedure
27-26 [6252-13c.1, Revised Statutes].
27-27 SECTION 10. This Act takes effect September 1, 1997. The
28-1 change in law made by this Act to Article 62.10, Code of Criminal
28-2 Procedure, as redesignated and amended by this Act (formerly
28-3 Section 7, Article 6252-13c.1, Revised Statutes), applies only to
28-4 an offense committed on or after September 1, 1997. An offense
28-5 committed before September 1, 1997, is covered by the law in effect
28-6 when the offense was committed, and the former law is continued in
28-7 effect for that purpose. For purposes of this section, an offense
28-8 was committed before September 1, 1997, if any element of the
28-9 offense occurred before that date.
28-10 SECTION 11. (a) The change in law made by this Act to
28-11 Article 62.11, Code of Criminal Procedure, as redesignated and
28-12 amended by this Act (formerly Section 8(a), Article 6252-13c.1,
28-13 Revised Statutes), applies only to a defendant who, with respect to
28-14 an offense listed in Article 62.01(5), Code of Criminal Procedure,
28-15 as redesignated and amended by this Act (formerly Section 1(5),
28-16 Article 6252-13c.1, Revised Statutes), on or after the effective
28-17 date of this Act:
28-18 (1) is confined in a penal institution, as that term
28-19 is defined by Article 62.01(3), Code of Criminal Procedure, as
28-20 redesignated and amended by this Act (formerly Section 1(3),
28-21 Article 6252-13c.1, Revised Statutes); or
28-22 (2) is under the supervision and control of a juvenile
28-23 probation office or an agency or entity operating under contract
28-24 with a juvenile probation office, a community supervision and
28-25 corrections department, or the pardons and paroles division of the
28-26 Texas Department of Criminal Justice.
28-27 (b) A defendant who, on the effective date of this Act, is
29-1 not described by Subsection (a)(1) or (2) of this section is
29-2 covered by the law in effect under Section 8(a), Article
29-3 6252-13c.1, Revised Statutes, before that section was redesignated
29-4 and amended by this Act, and the former law is continued in effect
29-5 for that purpose.
29-6 SECTION 12. The Department of Public Safety shall take
29-7 action necessary to ensure that the requirements of Article 60.051,
29-8 Code of Criminal Procedure, as amended by this Act, and Article
29-9 62.02(b), Code of Criminal Procedure, as redesignated and amended
29-10 by this Act (formerly Section 2(b), Article 6252-13c.1, Revised
29-11 Statutes), are satisfied not later than January 1, 1998.
29-12 SECTION 13. The importance of this legislation and the
29-13 crowded condition of the calendars in both houses create an
29-14 emergency and an imperative public necessity that the
29-15 constitutional rule requiring bills to be read on three several
29-16 days in each house be suspended, and this rule is hereby suspended.