1-1 By: Shapiro S.B. No. 875
1-2 (In the Senate - Filed March 3, 1997; March 5, 1997, read
1-3 first time and referred to Committee on Criminal Justice;
1-4 April 10, 1997, reported favorably, as amended, by the following
1-5 vote: Yeas 7, Nays 0; April 10, 1997, sent to printer.)
1-6 COMMITTEE AMENDMENT NO. 1 By: Shapiro
1-7 Amend S.B. No. 875, in SECTION 1 of the bill, proposed
1-8 Article 62.01, by striking Paragraphs (A) and (B) of Subdivision
1-9 (5) and substituting:
1-10 "(A) a conviction for a violation of Section
1-11 21.11 (Indecency with a child), 22.011 (Sexual assault), 22.021
1-12 (Aggravated sexual assault), or 25.02 (Prohibited sexual conduct),
1-13 Penal Code;
1-14 (B) a conviction for a violation of Section
1-15 43.25 (Sexual performance by a child) or 43.26 (Possession or
1-16 promotion of child pornography), Penal Code;".
1-17 COMMITTEE AMENDMENT NO. 2 By: Shapiro
1-18 Amend S.B. No. 875, in SECTION 1 of the bill, by striking
1-19 proposed Article 62.11 and substituting a new Article 62.11 to read
1-20 as follows:
1-21 Art. 62.11 [Sec. 8]. APPLICABILITY [EXEMPTIONS]. [(a)]
1-22 This chapter [article] applies only to a reportable conviction or
1-23 adjudication[:]
1-24 [(1)] occurring on or after[:]
1-25 [(A)] September 1, 1991, except that the
1-26 provisions of Articles 62.03 and 62.04 of this chapter relating to
1-27 the requirement of newspaper publication apply only to a reportable
1-28 conviction or adjudication occurring on or after September 1, 1995
1-29 [if the conviction is for or the adjudication is based on an
1-30 offense listed in Section 1(5)(A) of this article;]
1-31 [(B) September 1, 1993, if the conviction is for
1-32 or the adjudication is based on an offense listed in Section
1-33 1(5)(B) of this article; or]
1-34 [(C) September 1, 1995, if the conviction is for
1-35 an offense described under Section 1(5)(C), (D), (E), (F), (I), or
1-36 (J) of this article; or]
1-37 [(2) for which an order of deferred adjudication is
1-38 entered by the court on or after September 1, 1993.]
1-39 [(b) A person who has a reportable conviction or
1-40 adjudication may petition a district judge in the county where the
1-41 person resides or intends to reside for an exemption from this
1-42 article. If the person shows good cause, the district judge shall
1-43 grant the exemption].
1-44 A BILL TO BE ENTITLED
1-45 AN ACT
1-46 relating to the applicability of the sex offender registration
1-47 program to certain defendants, to the procedures used to register
1-48 and monitor sex offenders, and to the imposition of criminal
1-49 penalties.
1-50 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-51 SECTION 1. Article 6252-13c.1, Revised Statutes, is
1-52 redesignated as Chapter 62, Code of Criminal Procedure, and amended
1-53 to read as follows:
1-54 CHAPTER 62. SEX [Art. 6252-13c.1. SEXUAL]
1-55 OFFENDER REGISTRATION PROGRAM
1-56 Art. 62.01 [Sec. 1]. DEFINITIONS. In this chapter
1-57 [article]:
1-58 (1) "Department" means the Department of Public
1-59 Safety.
1-60 (2) "Local law enforcement authority" means the chief
1-61 of police of a municipality or the sheriff of a county in this
1-62 state.
1-63 (3) "Penal institution" means a confinement facility
1-64 operated by or under a contract with any division of the Texas
2-1 Department of Criminal Justice, a confinement facility operated by
2-2 or under contract with the Texas Youth Commission, or a county
2-3 jail.
2-4 (4) "Released" means discharged, paroled, or placed on
2-5 juvenile probation, community supervision, or mandatory
2-6 supervision.
2-7 (5) "Reportable conviction or adjudication" means a
2-8 conviction or adjudication, regardless of the pendency of an
2-9 appeal, that is:
2-10 (A) a conviction for violation of Section 21.07
2-11 (Public lewdness), 21.11 (Indecency with a child), 22.011 (Sexual
2-12 assault), 22.021 (Aggravated sexual assault), 25.02 (Prohibited
2-13 sexual conduct), Penal Code;
2-14 (B) a conviction for violation of Section 43.24
2-15 (Sale, distribution, or display of harmful material to minor),
2-16 43.25 (Sexual performance by a child), 43.251 (Employment harmful
2-17 to children), or 43.26 (Possession or promotion of child
2-18 pornography), Penal Code;
2-19 (C) a conviction for a violation of Section
2-20 20.04(a)(4) (Aggravated kidnapping), Penal Code, if the defendant
2-21 committed the offense with intent to violate or abuse the victim
2-22 sexually;
2-23 (D) a conviction for a violation of Section
2-24 30.02 (Burglary), Penal Code, if the offense is punishable under
2-25 Subsection (d) of that section and the defendant committed the
2-26 offense with intent to commit a felony listed in Paragraph (A) or
2-27 (C) [of this subdivision];
2-28 (E) the second conviction for a violation of
2-29 Section 21.08 (Indecent exposure), Penal Code;
2-30 (F) a conviction for an attempt, conspiracy, or
2-31 solicitation, as defined by Chapter 15, Penal Code, to commit an
2-32 offense listed in Paragraph (A), (B), (C), or (D) [of this
2-33 subdivision];
2-34 (G) an adjudication of delinquent conduct based
2-35 on a violation of one of the offenses listed in Paragraph (A), (B),
2-36 (C), (D), or (F) [of this subdivision] or for which two violations
2-37 of the offenses listed in Paragraph (E) [of this subdivision] are
2-38 shown;
2-39 (H) a deferred adjudication for an offense
2-40 listed in Paragraph (A), (B), (C), (D), or (F) [of this
2-41 subdivision];
2-42 (I) a conviction under the laws of another state
2-43 for an offense containing elements that are substantially similar
2-44 to the elements of an offense listed under Paragraph (A), (B), (C),
2-45 (D), or (F) [of this subdivision]; or
2-46 (J) the second conviction under the laws of
2-47 another state for an offense containing elements that are
2-48 substantially similar to the elements of the offense of indecent
2-49 exposure.
2-50 Art. 62.02 [Sec. 2]. REGISTRATION. (a) A person who has a
2-51 reportable conviction or adjudication shall register or, if the
2-52 person is a person for whom registration is completed under this
2-53 chapter [article], verify registration as provided by Subsection
2-54 (d) [of this section], with the local law enforcement authority in
2-55 any municipality where the person resides or intends to reside for
2-56 more than seven days. If the person does not reside or intend to
2-57 reside in a municipality, the person shall register or verify
2-58 registration in any county where the person resides or intends to
2-59 reside for more than seven days. The person shall satisfy the
2-60 requirements of this subsection not later than the seventh day
2-61 after the person's arrival in the municipality or county.
2-62 (b) The department shall provide the Texas Department of
2-63 Criminal Justice, the Texas Youth Commission, the Juvenile
2-64 Probation Commission, and each local law enforcement authority,
2-65 county jail, and court with a form for registering persons required
2-66 by this chapter [article] to register. The registration form shall
2-67 require:
2-68 (1) the person's full name, each alias, date of birth,
2-69 sex, race, height, weight, eye color, hair color, social security
3-1 number, driver's license number, shoe size, and home address;
3-2 (2) a photograph of the person and a complete set of
3-3 the person's fingerprints;
3-4 (3) the type of offense the person was convicted of,
3-5 the age of the victim, the date of conviction, and the punishment
3-6 received; [and]
3-7 (4) an indication as to whether the person is
3-8 discharged, paroled, or released on juvenile probation, community
3-9 supervision, or mandatory supervision; and
3-10 (5) any other information required by the department.
3-11 (c) Not later than the third day after a person's
3-12 registering, the local law enforcement authority with whom the
3-13 person registered shall send a copy of the registration form to the
3-14 department.
3-15 (d) A person for whom registration is completed under this
3-16 chapter [article] shall report to the applicable local law
3-17 enforcement authority to verify the information in the registration
3-18 form received by the authority under this chapter [article]. The
3-19 authority shall require the person to produce proof of the person's
3-20 identity and residence before the authority gives the registration
3-21 form to the person for verification. If the information in the
3-22 registration form is complete and accurate, the person shall verify
3-23 registration by signing the form. If the information is not
3-24 complete or not accurate, the person shall make any necessary
3-25 additions or corrections before signing the form.
3-26 [(d) On the day a court pronounces a sentence of
3-27 imprisonment, deferred adjudication, community supervision,
3-28 juvenile probation, fine only, or other disposition for a person
3-29 who is subject to registration under this article, the court shall:]
3-30 [(1) inform the person of the person's duty to
3-31 register under this article and require the person to sign a
3-32 written statement that the person was informed of the duty, or if
3-33 the person refuses to sign the statement, certify that the person
3-34 was informed of the duty;]
3-35 [(2) complete the registration form for the person and
3-36 send the form to the department and:]
3-37 [(A) if the person is sentenced to a penal
3-38 institution and imposition of sentence is not suspended, to the
3-39 penal institution; or]
3-40 [(B) if the person is sentenced to a penal
3-41 institution and the imposition of the sentence is suspended or the
3-42 person receives other disposition, to the local law enforcement
3-43 authority in the municipality or unincorporated area of the county
3-44 in which the person expects to reside.]
3-45 (e) A person who is required to register or verify
3-46 registration under this chapter shall ensure that the person's
3-47 registration form is complete and accurate with respect to each
3-48 item of information required by the form in accordance with
3-49 Subsection (b).
3-50 (f) If a person subject to registration under this chapter
3-51 [article] does not move to an intended residence by the end of the
3-52 seventh day after the date on which the person is released [on
3-53 community supervision, parole, or mandatory supervision] or the
3-54 date on which the person leaves a previous residence, the person
3-55 shall:
3-56 (1) report to the juvenile probation officer,
3-57 community supervision and corrections department officer, or [the]
3-58 parole officer supervising the person by not later than the seventh
3-59 day after the date on which the person is released or the date on
3-60 which the person leaves a previous residence, as applicable, and
3-61 provide the officer with the address of the person's temporary
3-62 residence; and
3-63 (2) continue to report to the person's supervising
3-64 officer not less than weekly during any period of time in which the
3-65 person has not moved to an intended residence and provide the
3-66 officer with the address of the person's temporary residence.
3-67 Art. 62.03 [Sec. 3]. PRERELEASE NOTIFICATION. (a) Before a
3-68 person who will be subject to registration under this chapter
3-69 [article] is due to be released from a penal institution, an
4-1 official of the penal institution shall:
4-2 (1) inform the person that:
4-3 (A) not later than the seventh day after the
4-4 date on which the person is released [on community supervision,
4-5 parole, or mandatory supervision] or the date on which the person
4-6 moves from a previous residence to a new residence in this state,
4-7 the person must:
4-8 (i) register or verify registration with
4-9 the local law enforcement authority in the municipality or county
4-10 in which the person intends to reside; or
4-11 (ii) if the person has not moved to an
4-12 intended residence, report to the juvenile probation officer,
4-13 community supervision and corrections department officer, or [the]
4-14 parole officer supervising the person;
4-15 (B) not later than the seventh day before the
4-16 date on which the person moves to a new residence in this state or
4-17 another state, the person must report in person to the local law
4-18 enforcement authority with whom the person last registered and to
4-19 the juvenile probation officer, community supervision and
4-20 corrections department officer, or [the] parole officer supervising
4-21 the person; and
4-22 (C) not later than the 10th day after the date
4-23 on which the person arrives in another state in which the person
4-24 intends to reside, the person must register with the law
4-25 enforcement agency that is identified by the department as the
4-26 agency designated by that state to receive registration
4-27 information, if the other state has a registration requirement for
4-28 sex offenders;
4-29 (2) require the person to sign a written statement
4-30 that the person was informed of the person's duties as described by
4-31 Subdivision (1) [of this subsection] or, if the person refuses to
4-32 sign the statement, certify that the person was so informed;
4-33 (3) obtain the address where the person expects to
4-34 reside on the person's release and other registration information,
4-35 including a photograph and complete set of fingerprints; and
4-36 (4) complete the registration form for the person.
4-37 (b) On the seventh day before the date on which a person who
4-38 will be subject to registration under this chapter [article] is due
4-39 to be released from a penal institution, or on receipt of notice by
4-40 a penal institution that a person who will be subject to
4-41 registration under this chapter [article] is due to be released in
4-42 less than seven days, an official of the penal institution shall
4-43 send the person's completed registration form to the department and
4-44 to:
4-45 (1) the applicable local law enforcement authority in
4-46 the municipality or county in which the person expects to reside,
4-47 if the person expects to reside in this state; or
4-48 (2) the law enforcement agency that is identified by
4-49 the department as the agency designated by another state to receive
4-50 registration information, if the person expects to reside in that
4-51 other state and that other state has a registration requirement for
4-52 sex offenders.
4-53 (c) If a person who is subject to registration under this
4-54 chapter [article] receives an order deferring adjudication,
4-55 community supervision, or only a fine, the court pronouncing the
4-56 order or sentence shall ensure that the prerelease notification and
4-57 registration requirements specified in this article [section] are
4-58 conducted on the day of entering the order or sentencing. If a
4-59 community supervision and corrections department representative is
4-60 available in court at the time a court pronounces a sentence of
4-61 deferred adjudication or community supervision, the representative
4-62 shall immediately conduct the prerelease notification and
4-63 registration requirements specified in this article [section]. In
4-64 any other case in which the court pronounces a sentence under this
4-65 subsection, the court shall designate another appropriate
4-66 individual to conduct the prerelease notification and registration
4-67 requirements specified in this article [section].
4-68 (d) If a person who has a reportable conviction for an
4-69 offense described by Article 62.01(5)(I) or (J) [under Section
5-1 1(5)(I) or (J) of this article] is placed under the supervision of
5-2 the pardons and paroles division of the Texas Department of
5-3 Criminal Justice or a community supervision and corrections
5-4 department under Article 42.11, [Code of Criminal Procedure,] the
5-5 division or community supervision and corrections department shall
5-6 conduct the prerelease notification and registration requirements
5-7 specified in this article [section] on the date the person is
5-8 placed under the supervision of the division or community
5-9 supervision and corrections department.
5-10 (e) Not later than the eighth day after receiving a
5-11 registration form under Subsection (b), (c), or (d) [of this
5-12 section], the local law enforcement authority shall verify the age
5-13 of the victim and the basis on which the person is subject to
5-14 registration under this chapter [article]. If the victim is a
5-15 child younger than 17 years of age and the basis on which the
5-16 person is subject to registration is not an adjudication of
5-17 delinquent conduct or a deferred adjudication and is not a
5-18 conviction for an offense under Section 25.02, Penal Code, the
5-19 authority shall immediately publish notice in English and Spanish
5-20 in at least one newspaper of general circulation in the county in
5-21 which the person subject to registration intends to reside. The
5-22 authority shall publish a duplicate notice in the newspaper, with
5-23 any necessary corrections, during the week immediately following
5-24 the week of initial publication. If the victim is a child younger
5-25 than 17 years of age, regardless of the basis on which the person
5-26 is subject to registration, the authority shall immediately provide
5-27 notice to the superintendent of the public [schools of the] school
5-28 district and to the administrator of any private school located in
5-29 the public school district in which the person subject to
5-30 registration intends to reside by mail to the [district] office of
5-31 the superintendent or administrator, as appropriate.
5-32 (f) The local law enforcement authority shall include in the
5-33 notice by publication in a newspaper the following information
5-34 only:
5-35 (1) the person's age and gender;
5-36 (2) a brief description of the offense for which the
5-37 person is subject to registration; and
5-38 (3) the municipality, street name, and zip code number
5-39 where the person intends to reside.
5-40 (g) The local law enforcement authority shall include in the
5-41 notice to the superintendent of the public school district and to
5-42 the administrator of any private school located in the public
5-43 school district [schools] any information the authority determines
5-44 is necessary to protect the public, except:
5-45 (1) the person's social security number, driver's
5-46 license number, or telephone number; and
5-47 (2) any information that would identify the victim of
5-48 the offense for which the person is subject to registration.
5-49 Art. 62.04 [Sec. 4]. CHANGE OF ADDRESS. (a) If a person
5-50 required to register intends to change address, regardless of
5-51 whether the person intends to move to another state, the person
5-52 shall, not later than the seventh day before the intended change,
5-53 report in person to the local law enforcement authority with whom
5-54 the person last registered and to the juvenile probation officer,
5-55 community supervision and corrections department officer, or [the]
5-56 parole officer supervising the person and provide the authority and
5-57 the officer with the person's anticipated move date and new
5-58 address.
5-59 (b) Not later than the third day after receipt of notice
5-60 under Subsection (a) [of this section], the person's juvenile
5-61 probation officer, community supervision and corrections department
5-62 officer, or parole officer shall forward the information provided
5-63 under Subsection (a) [of this section] to the local law enforcement
5-64 authority with whom the person last registered and, if the person
5-65 intends to move to another municipality or county in this state, to
5-66 the applicable local law enforcement authority in that municipality
5-67 or county.
5-68 (c) If the person moves to another state that has a
5-69 registration requirement for sex offenders, the person shall, not
6-1 later than the 10th day after the date on which the person arrives
6-2 in the other state, register with the law enforcement agency that
6-3 is identified by the department as the agency designated by that
6-4 state to receive registration information.
6-5 (d) Not later than the third day after receipt of
6-6 information under Subsection (a) or (b) [of this section],
6-7 whichever is earlier, the local law enforcement authority shall
6-8 forward this information to the department and, if the person
6-9 intends to move to another municipality or county in this state, to
6-10 the applicable local law enforcement authority in that municipality
6-11 or county.
6-12 (e) If a person who reports to a local law enforcement
6-13 authority under Subsection (a) [of this section] does not move on
6-14 or before the anticipated move date or does not move to the new
6-15 address provided to the authority, the person shall:
6-16 (1) report to the local law enforcement authority with
6-17 whom the person last registered not later than the seventh day
6-18 after the anticipated move date and provide an explanation to the
6-19 authority regarding any changes in the anticipated move date and
6-20 intended residence; and
6-21 (2) report to the juvenile probation officer,
6-22 community supervision and corrections department officer, or [the]
6-23 parole officer supervising the person not less than weekly during
6-24 any period in which the person has not moved to an intended
6-25 residence.
6-26 (f) If the person moves to another municipality or county in
6-27 this state, the department shall inform the applicable local law
6-28 enforcement authority in the new area of the person's residence not
6-29 later than the third day after the date on which the department
6-30 receives information under Subsection (a) [of this section]. Not
6-31 later than the eighth day after the date on which the local law
6-32 enforcement authority is informed under Subsection (a) [of this
6-33 section] or under this subsection, the authority shall verify the
6-34 age of the victim and the basis on which the person is subject to
6-35 registration under this chapter [article]. If the victim is a
6-36 child younger than 17 years of age and the basis on which the
6-37 person is subject to registration is not an adjudication of
6-38 delinquent conduct or a deferred adjudication and is not a
6-39 conviction for an offense under Section 25.02, Penal Code, the
6-40 authority shall immediately publish notice in English and Spanish
6-41 in at least one newspaper of general circulation in the county in
6-42 which the person subject to registration intends to reside. The
6-43 local law enforcement authority shall publish a duplicate notice in
6-44 the newspaper, with any necessary corrections, during the week
6-45 immediately following the week of initial publication. If the
6-46 victim is a child younger than 17 years of age, regardless of the
6-47 basis on which the person is subject to registration, the authority
6-48 shall immediately provide notice to the superintendent of the
6-49 public [schools of the] school district and to the administrator of
6-50 any private school located in the public school district in which
6-51 the person subject to registration intends to reside by mail to the
6-52 [district] office of the superintendent or administrator, as
6-53 appropriate.
6-54 (g) The local law enforcement authority shall include in the
6-55 notice by publication in a newspaper the following information
6-56 only:
6-57 (1) the person's age and gender;
6-58 (2) a brief description of the offense for which the
6-59 person is subject to registration; and
6-60 (3) the municipality, street name, and zip code number
6-61 where the person intends to reside.
6-62 (h) The local law enforcement authority shall include in the
6-63 notice to the superintendent of the public school district and the
6-64 administrator of any private school located in the public school
6-65 district [schools] any information the authority determines is
6-66 necessary to protect the public, except:
6-67 (1) the person's social security number, driver's
6-68 license number, or telephone number; and
6-69 (2) any information that would identify the victim of
7-1 the offense for which the person is subject to registration.
7-2 (i) If the person moves to another state, the department
7-3 shall, immediately on receiving information under Subsection (d)
7-4 [of this section]:
7-5 (1) inform the law enforcement agency that is
7-6 designated by the other state to receive registration information,
7-7 if that state has a registration requirement for sex offenders; and
7-8 (2) send to the Federal Bureau of Investigation a copy
7-9 of the person's registration form, including the record of
7-10 conviction and a complete set of fingerprints.
7-11 Art. 62.05. STATUS REPORT BY SUPERVISING OFFICER. If the
7-12 juvenile probation officer, community supervision and corrections
7-13 department officer, or parole officer supervising a person subject
7-14 to registration under this chapter receives information to the
7-15 effect that the person's status has changed in any manner that
7-16 affects proper supervision of the person, including a change in the
7-17 person's physical health, job status, incarceration, or terms of
7-18 release, the supervising officer shall promptly notify the
7-19 appropriate local law enforcement authority or authorities of that
7-20 change. If the person required to register intends to change
7-21 address, the person's supervising officer shall notify the local
7-22 law enforcement authorities designated by Article 62.04(b).
7-23 Art. 62.06. LAW ENFORCEMENT VERIFICATION OF REGISTRATION
7-24 INFORMATION. (a) A local law enforcement authority with whom a
7-25 person is required to register under this chapter may direct the
7-26 person to report to the authority to verify the information in the
7-27 registration form maintained by the authority for that person. The
7-28 authority may direct the person to report under this subsection
7-29 once each year not earlier than the 30th day before and not later
7-30 than the 30th day after the anniversary of the date on which the
7-31 person first registered under this chapter. The authority shall
7-32 require the person to produce proof of the person's identity and
7-33 residence before the authority gives the registration form to the
7-34 person for verification. If the information in the registration
7-35 form is complete and accurate, the person shall verify registration
7-36 by signing the form. If the information is not complete or not
7-37 accurate, the person shall make any necessary additions or
7-38 corrections before signing the form.
7-39 (b) A local law enforcement authority with whom a person is
7-40 required to register under this chapter may at any time mail a
7-41 nonforwardable verification form to the last reported address of
7-42 the person. Not later than the 21st day after receipt of a
7-43 verification form under this subsection, the person shall:
7-44 (1) indicate on the form whether the person still
7-45 resides at the last reported address and, if not, provide on the
7-46 form the person's new address;
7-47 (2) complete any other information required by the
7-48 form;
7-49 (3) sign the form; and
7-50 (4) return the form to the authority.
7-51 Art. 62.07 [Sec. 4A]. REMEDIES RELATED TO PUBLIC NOTICE. A
7-52 person subject to registration under this chapter [article] may
7-53 petition the district court for injunctive relief to restrain a
7-54 local law enforcement authority from publishing notice in a
7-55 newspaper as required by Article 62.03 or 62.04 [Section 3 or
7-56 Section 4 of this article]. The court may issue a temporary
7-57 restraining order under this article [section] before notice is
7-58 served and a hearing is held on the matter. After a hearing on the
7-59 matter, the court may grant any injunctive relief warranted by the
7-60 facts, including a restraining order or a temporary or permanent
7-61 injunction, if the person subject to registration under this
7-62 chapter [article] proves by a preponderance of the evidence
7-63 specific facts indicating that newspaper publication under Article
7-64 62.03 or 62.04 [Section 3 or Section 4 of this article] would place
7-65 the person's health and well-being in immediate danger.
7-66 Art. 62.08 [Sec. 5]. CENTRAL DATABASE; PUBLIC INFORMATION.
7-67 (a) The department shall maintain a computerized central database
7-68 containing only the information required for registration under
7-69 this chapter [article].
8-1 (b) The information contained in the database is public
8-2 information, with the exception of the person's photograph or any
8-3 information:
8-4 (1) regarding the person's social security number,
8-5 driver's license number, numeric street address, or telephone
8-6 number; [or]
8-7 (2) that is required by the department under Article
8-8 62.02(b)(5); or
8-9 (3) that would identify the victim of the offense for
8-10 which the person is subject to registration.
8-11 (c) A local law enforcement authority shall release public
8-12 information described under Subsection (b) [of this section] to any
8-13 person who submits to the authority a written request for the
8-14 information. The authority may charge the person a fee not to
8-15 exceed the amount reasonably necessary to cover the administrative
8-16 costs associated with the authority's release of information to the
8-17 person under this subsection.
8-18 Art. 62.09 [Sec. 5A]. IMMUNITY FOR RELEASE OF PUBLIC
8-19 INFORMATION. (a) The department, a penal institution, or a local
8-20 law enforcement authority may release to the public information
8-21 regarding a person required to register if the information is
8-22 public information under this chapter [article].
8-23 (b) An individual, agency, entity, or authority is not
8-24 liable under Chapter 101, Civil Practice and Remedies Code, or any
8-25 other law for damages arising from conduct authorized by Subsection
8-26 (a) [of this section].
8-27 (c) For purposes of determining liability, the release or
8-28 withholding of information by an appointed or elected officer of an
8-29 agency, entity, or authority is a discretionary act.
8-30 (d) A private school or administrator of a private school
8-31 may release to the public information regarding a person required
8-32 to register if the information is public information under this
8-33 chapter and is released to the administrator under Article 62.03 or
8-34 62.04. A private school or administrator of a private school is
8-35 not liable under any law for damages arising from conduct
8-36 authorized by this subsection.
8-37 Art. 62.10 [Sec. 7]. FAILURE TO COMPLY WITH REGISTRATION
8-38 REQUIREMENTS [REGISTER]. (a) A person commits an offense if the
8-39 person is required to register and fails to comply with any
8-40 requirement of this chapter [article].
8-41 (b) An offense under this article [section] is a state jail
8-42 felony [Class A misdemeanor].
8-43 (c) If it is shown at the trial of a person for an offense
8-44 under this article [section] that the person has previously been
8-45 convicted of an offense under this article [section], the person
8-46 shall be punished for a felony of the third degree.
8-47 Art. 62.11 [Sec. 8]. APPLICABILITY [EXEMPTIONS]. [(a)]
8-48 This chapter [article] applies only to a reportable conviction or
8-49 adjudication[:]
8-50 [(1)] occurring on or after[:]
8-51 [(A)] September 1, 1991[, if the conviction is
8-52 for or the adjudication is based on an offense listed in Section
8-53 1(5)(A) of this article;]
8-54 [(B) September 1, 1993, if the conviction is for
8-55 or the adjudication is based on an offense listed in Section
8-56 1(5)(B) of this article; or]
8-57 [(C) September 1, 1995, if the conviction is for
8-58 an offense described under Section 1(5)(C), (D), (E), (F), (I), or
8-59 (J) of this article; or]
8-60 [(2) for which an order of deferred adjudication is
8-61 entered by the court on or after September 1, 1993].
8-62 [(b) A person who has a reportable conviction or
8-63 adjudication may petition a district judge in the county where the
8-64 person resides or intends to reside for an exemption from this
8-65 article. If the person shows good cause, the district judge shall
8-66 grant the exemption.]
8-67 Art. 62.12 [Sec. 9]. EXPIRATION OF DUTY TO REGISTER.
8-68 (a) The duty to register for a person with a reportable
8-69 adjudication under Article 62.01(5)(G) [Section 1(5)(D) of this
9-1 article] ends on the 10th anniversary of the date on which:
9-2 (1) the person ceases to be under the supervision of
9-3 the Texas Youth Commission, if the person was committed to the
9-4 Texas Youth Commission other than under a determinate sentence;
9-5 (2) the person is discharged from the Texas Youth
9-6 Commission or the Texas Department of Criminal Justice, whichever
9-7 date is later, if the person was committed to the Texas Youth
9-8 Commission under a determinate sentence; or
9-9 (3) the disposition is made or the person completes
9-10 the terms of the disposition, whichever date is later, if the
9-11 person received a disposition that did not include a commitment to
9-12 the Texas Youth Commission.
9-13 (b) The duty to register for a person with a reportable
9-14 conviction, other than a conviction for a violation of Section
9-15 21.11(a)(1), 22.021, or 43.25, Penal Code, ends on the 10th
9-16 anniversary of the date on which the person is released from the
9-17 institutional division of the Texas Department of Criminal Justice
9-18 or the person discharges parole or community supervision, whichever
9-19 date is later.
9-20 (c) The duty to register for a person with a reportable
9-21 conviction or adjudication based on an order of deferred
9-22 adjudication under Article 62.01(5)(H) [Section 1(5)(E) of this
9-23 article], other than an order of deferred adjudication for a
9-24 violation of Section 21.11(a)(1), 22.021, or 43.25, Penal Code,
9-25 ends on the 10th anniversary of the date on which:
9-26 (1) the court dismisses the criminal proceedings
9-27 against the person and discharges the person; or
9-28 (2) the person is released from the institutional
9-29 division of the Texas Department of Criminal Justice or the person
9-30 discharges parole or community supervision, if the court proceeded
9-31 to final adjudication in the case.
9-32 SECTION 2. Section 1, Article 42.01, Code of Criminal
9-33 Procedure, is amended to read as follows:
9-34 Sec. 1. A judgment is the written declaration of the court
9-35 signed by the trial judge and entered of record showing the
9-36 conviction or acquittal of the defendant. The sentence served
9-37 shall be based on the information contained in the judgment. The
9-38 judgment should reflect:
9-39 1. The title and number of the case;
9-40 2. That the case was called and the parties appeared,
9-41 naming the attorney for the state, the defendant, and the attorney
9-42 for the defendant, or, where a defendant is not represented by
9-43 counsel, that the defendant knowingly, intelligently, and
9-44 voluntarily waived the right to representation by counsel;
9-45 3. The plea or pleas of the defendant to the offense
9-46 charged;
9-47 4. Whether the case was tried before a jury or a jury
9-48 was waived;
9-49 5. The submission of the evidence, if any;
9-50 6. In cases tried before a jury that the jury was
9-51 charged by the court;
9-52 7. The verdict or verdicts of the jury or the finding
9-53 or findings of the court;
9-54 8. In the event of a conviction that the defendant is
9-55 adjudged guilty of the offense as found by the verdict of the jury
9-56 or the finding of the court, and that the defendant be punished in
9-57 accordance with the jury's verdict or the court's finding as to the
9-58 proper punishment;
9-59 9. In the event of conviction where death or any
9-60 punishment is assessed that the defendant be sentenced to death, a
9-61 term of confinement or community supervision, or to pay a fine, as
9-62 the case may be;
9-63 10. In the event of conviction where the imposition of
9-64 sentence is suspended and the defendant is placed on community
9-65 supervision, setting forth the punishment assessed, the length of
9-66 community supervision, and the conditions of community supervision;
9-67 11. In the event of acquittal that the defendant be
9-68 discharged;
9-69 12. The county and court in which the case was tried
10-1 and, if there was a change of venue in the case, the name of the
10-2 county in which the prosecution was originated;
10-3 13. The offense or offenses for which the defendant
10-4 was convicted;
10-5 14. The date of the offense or offenses and degree of
10-6 offense for which the defendant was convicted;
10-7 15. The term of sentence;
10-8 16. The date judgment is entered;
10-9 17. The date sentence is imposed;
10-10 18. The date sentence is to commence and any credit
10-11 for time served;
10-12 19. The terms of any order entered pursuant to Article
10-13 42.08 of this code that the defendant's sentence is to run
10-14 cumulatively or concurrently with another sentence or sentences;
10-15 20. The terms of any plea bargain;
10-16 21. Affirmative findings entered pursuant to
10-17 Subdivision (2) of Subsection (a) of Section 3g of Article 42.12 of
10-18 this code;
10-19 22. The terms of any fee payment ordered under
10-20 Articles 37.072 and 42.151 of this code;
10-21 23. The defendant's thumbprint taken in accordance
10-22 with Article 38.33 of this code;
10-23 24. In the event that the judge orders the defendant
10-24 to repay a reward or part of a reward under Articles 37.073 and
10-25 42.152 of this code, a statement of the amount of the payment or
10-26 payments required to be made;
10-27 25. In the event that the court orders restitution to
10-28 be paid to the victim, a statement of the amount of restitution
10-29 ordered and:
10-30 (A) the name of the victim and the permanent
10-31 mailing address of the victim at the time of the judgment; or
10-32 (B) if the court determines that the inclusion
10-33 of the victim's name and address in the judgment is not in the best
10-34 interest of the victim, the name and address of a person or agency
10-35 that will accept and forward restitution payments to the victim;
10-36 26. In the event that a presentence investigation is
10-37 required by Section 9(a), (b), (h), or (i), Article 42.12 of this
10-38 code, a statement that the presentence investigation was done
10-39 according to the applicable provision; and
10-40 27. In the event of conviction of an offense for which
10-41 registration as a sex offender is required under Chapter 62
10-42 [Article 6252-13c.1, Revised Statutes], a statement that the
10-43 registration requirement of that chapter [article] applies to the
10-44 defendant and a statement of the age of the victim of the offense.
10-45 SECTION 3. Subsection (e), Section 11, Article 42.12, Code
10-46 of Criminal Procedure, is amended to read as follows:
10-47 (e) A judge granting community supervision to a defendant
10-48 required to register as a sex offender under Chapter 62 [Article
10-49 6252-13c.1, Revised Statutes,] shall require the registration as a
10-50 condition of community supervision.
10-51 SECTION 4. Subsection (g), Section 19, Article 42.12, Code
10-52 of Criminal Procedure, is amended to read as follows:
10-53 (g) If the judge places on community supervision a person
10-54 required to register as a sex offender under Chapter 62 [Article
10-55 6252-13c.1, Revised Statutes], the judge shall require as a
10-56 condition of community supervision that the person pay to the
10-57 person's supervising officer a fee that equals the actual cost to
10-58 the applicable local law enforcement authority for providing notice
10-59 for publication to a newspaper as required by Chapter 62 [Article
10-60 6252-13c.1, Revised Statutes]. A community supervision and
10-61 corrections department shall remit fees collected under this
10-62 subsection to the applicable local law enforcement authority to
10-63 reimburse the authority for the actual cost incurred by the
10-64 authority, as evidenced by written receipt, for providing notice
10-65 for publication to a newspaper as required by Chapter 62 [Article
10-66 6252-13c.1, Revised Statutes]. In a community supervision
10-67 revocation hearing at which it is alleged only that the person
10-68 violated the terms of community supervision by failing to make a
10-69 payment under this subsection, the inability of the person to pay
11-1 as ordered by the judge is an affirmative defense to revocation,
11-2 which the person must prove by a preponderance of the evidence.
11-3 SECTION 5. Subsection (g), Section 8, Article 42.18, Code of
11-4 Criminal Procedure, as amended by Chapters 397 and 988, Acts of the
11-5 73rd Legislature, 1993, is amended to read as follows:
11-6 (g) The board may adopt such other reasonable rules not
11-7 inconsistent with law as it may deem proper or necessary with
11-8 respect to the eligibility of prisoners for parole and mandatory
11-9 supervision, the conduct of parole and mandatory supervision
11-10 hearings, or conditions to be imposed upon parolees and persons
11-11 released to mandatory supervision. Each person to be released on
11-12 parole shall be furnished a contract setting forth in clear and
11-13 intelligible language the conditions and rules of parole. The
11-14 parole panel may include as a condition of parole or mandatory
11-15 supervision any condition that a court may impose on a defendant
11-16 placed on community supervision under Article 42.12 of this code,
11-17 including the condition that the person released submit to testing
11-18 for controlled substances or submit to electronic monitoring if the
11-19 parole panel determines that absent testing for controlled
11-20 substances or participation in an electronic monitoring program the
11-21 person would not be released on parole. Acceptance, signing, and
11-22 execution of the contract by the inmate to be paroled shall be a
11-23 precondition to release on parole. Persons released on mandatory
11-24 supervision shall be furnished a written statement setting forth in
11-25 clear and intelligible language the conditions and rules of
11-26 mandatory supervision. The parole panel may also require as a
11-27 condition of parole or release to mandatory supervision that the
11-28 person make payments in satisfaction of damages the person is
11-29 liable for under Section 500.002, Government Code. The parole
11-30 panel shall require as a condition of parole or mandatory
11-31 supervision that the person register under Chapter 62 [Article
11-32 6252-13c.1, Revised Statutes]. The parole panel may require as a
11-33 condition of parole or release to mandatory supervision that the
11-34 person attend counseling sessions for substance abusers or
11-35 participate in substance abuse treatment services in a program or
11-36 facility approved or licensed by the Texas Commission on Alcohol
11-37 and Drug Abuse if the person was sentenced for an offense involving
11-38 controlled substances or the panel determines that the defendant's
11-39 substance abuse was connected to the commission of the offense.
11-40 The parole panel shall require as a condition of parole or
11-41 mandatory supervision that an inmate who immediately before
11-42 release is a participant in the program established under Section
11-43 501.0931, Government Code, participate in a drug or alcohol abuse
11-44 continuum of care treatment program.
11-45 SECTION 6. Subsection (r), Section 8, Article 42.18, Code of
11-46 Criminal Procedure, is amended to read as follows:
11-47 (r) In addition to other conditions and fees imposed by a
11-48 parole panel under this article, the parole panel shall require as
11-49 a condition of parole or release to mandatory supervision that a
11-50 person required to register as a sex offender under Chapter 62
11-51 [Article 6252-13c.1, Revised Statutes,] pay to the person's
11-52 supervising officer a fee that equals the actual cost to the
11-53 applicable local law enforcement authority for providing notice for
11-54 publication to a newspaper as required by Chapter 62 [Article
11-55 6252-13c.1, Revised Statutes]. The pardons and paroles division
11-56 shall remit fees collected under this subsection to the applicable
11-57 local law enforcement authority to reimburse the authority for the
11-58 actual cost incurred by the authority, as evidenced by written
11-59 receipt, for providing notice for publication to a newspaper as
11-60 required by Chapter 62 [Article 6252-13c.1, Revised Statutes]. In
11-61 a parole or mandatory supervision revocation hearing under Section
11-62 14 of this article at which it is alleged only that the person
11-63 failed to make a payment under this subsection, the inability of
11-64 the person to pay as ordered by a parole panel is an affirmative
11-65 defense to revocation, which the person must prove by a
11-66 preponderance of the evidence.
11-67 SECTION 7. Subsection (b), Section 18, Article 42.18, Code
11-68 of Criminal Procedure, as added by Section 13, Chapter 258, 74th
11-69 Legislature, 1995, is amended to read as follows:
12-1 (b) This section does not apply to information regarding a
12-2 sex offender if the information is authorized for release under
12-3 Chapter 62 [Article 6252-13c.1, Revised Statutes].
12-4 SECTION 8. Subsection (f), Article 60.051, Code of Criminal
12-5 Procedure, is amended to read as follows:
12-6 (f) The department shall maintain in the computerized
12-7 criminal history system any information the department maintains in
12-8 the central database under Article 62.08 [concerning whether an
12-9 offender is required to register under Article 6252-13c.1, Revised
12-10 Statutes].
12-11 SECTION 9. Subdivision (4), Section 1, Article 4512g-1,
12-12 Revised Statutes, is amended to read as follows:
12-13 (4) "Local law enforcement authority" has the meaning
12-14 assigned by [Section 1,] Article 62.01, Code of Criminal Procedure
12-15 [6252-13c.1, Revised Statutes].
12-16 SECTION 10. This Act takes effect September 1, 1997. The
12-17 change in law made by this Act to Article 62.10, Code of Criminal
12-18 Procedure, as redesignated and amended by this Act (formerly
12-19 Section 7, Article 6252-13c.1, Revised Statutes), applies only to
12-20 an offense committed on or after September 1, 1997. An offense
12-21 committed before September 1, 1997, is covered by the law in effect
12-22 when the offense was committed, and the former law is continued in
12-23 effect for that purpose. For purposes of this section, an offense
12-24 was committed before September 1, 1997, if any element of the
12-25 offense occurred before that date.
12-26 SECTION 11. (a) The change in law made by this Act to
12-27 Article 62.11, Code of Criminal Procedure, as redesignated and
12-28 amended by this Act (formerly Subsection (a), Section 8, Article
12-29 6252-13c.1, Revised Statutes), applies only to a defendant who,
12-30 with respect to an offense listed in Subdivision (5), Article
12-31 62.01, Code of Criminal Procedure, as redesignated and amended by
12-32 this Act (formerly Subdivision (5), Section 1, Article 6252-13c.1,
12-33 Revised Statutes), on or after the effective date of this Act:
12-34 (1) is confined in a penal institution, as that term
12-35 is defined by Subdivision (3), Article 62.01, Code of Criminal
12-36 Procedure, as redesignated and amended by this Act (formerly
12-37 Subdivision (3), Section 1, Article 6252-13c.1, Revised Statutes);
12-38 or
12-39 (2) is under the supervision and control of a juvenile
12-40 probation office or an agency or entity operating under contract
12-41 with a juvenile probation office, a community supervision and
12-42 corrections department, or the pardons and paroles division of the
12-43 Texas Department of Criminal Justice.
12-44 (b) A defendant who, on the effective date of this Act, is
12-45 not described by Subdivision (1) or (2) of Subsection (a) of this
12-46 section is covered by the law in effect under Subsection (a),
12-47 Section 8, Article 6252-13c.1, Revised Statutes, before that
12-48 section was redesignated and amended by this Act, and the former
12-49 law is continued in effect for that purpose.
12-50 SECTION 12. The Department of Public Safety shall take
12-51 action necessary to ensure that the requirements of Article 60.051,
12-52 Code of Criminal Procedure, as amended by this Act, and Subsection
12-53 (b), Article 62.02, Code of Criminal Procedure, as redesignated and
12-54 amended by this Act (formerly Subsection (b), Section 2, Article
12-55 6252-13c.1, Revised Statutes), are satisfied not later than January
12-56 1, 1998.
12-57 SECTION 13. The importance of this legislation and the
12-58 crowded condition of the calendars in both houses create an
12-59 emergency and an imperative public necessity that the
12-60 constitutional rule requiring bills to be read on three several
12-61 days in each house be suspended, and this rule is hereby suspended.
12-62 * * * * *