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                                 * * * * *