By Harris S.B. No. 1839
75R2180 DAK-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the registration program for and prosecution of
1-3 juvenile sexual offenders.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 1, Article 6252-13c.1, Revised Statutes,
1-6 is amended by adding Subdivision (6) to read as follows:
1-7 (6) "Deferred adjudication" includes deferred
1-8 prosecution under Section 53.03, Family Code.
1-9 SECTION 2. Section 3(e), Article 6252-13c.1, Revised
1-10 Statutes, is amended to read as follows:
1-11 (e) Not later than the eighth day after receiving a
1-12 registration form under Subsection (b), (c), or (d) of this
1-13 section, the local law enforcement authority shall verify the age
1-14 of the victim and the basis on which the person is subject to
1-15 registration under this article. If the victim is a child younger
1-16 than 17 years of age and the basis on which the person is subject
1-17 to registration is not [an adjudication of delinquent conduct or] a
1-18 deferred adjudication and is not a conviction for an offense under
1-19 Section 25.02, Penal Code, the authority shall immediately publish
1-20 notice in English and Spanish in at least one newspaper of general
1-21 circulation in the county in which the person subject to
1-22 registration intends to reside. The authority shall publish a
1-23 duplicate notice in the newspaper, with any necessary corrections,
1-24 during the week immediately following the week of initial
2-1 publication. If the victim is a child younger than 17 years of
2-2 age, regardless of the basis on which the person is subject to
2-3 registration, the authority shall immediately provide notice to the
2-4 superintendent of public schools of the school district in which
2-5 the person subject to registration intends to reside by mail to the
2-6 district office.
2-7 SECTION 3. Section 4(f), Article 6252-13c.1, Revised
2-8 Statutes, is amended to read as follows:
2-9 (f) If the person moves to another municipality or county in
2-10 this state, the department shall inform the applicable local law
2-11 enforcement authority in the new area of the person's residence not
2-12 later than the third day after the date on which the department
2-13 receives information under Subsection (a) of this section. Not
2-14 later than the eighth day after the date on which the local law
2-15 enforcement authority is informed under Subsection (a) of this
2-16 section or under this subsection, the authority shall verify the
2-17 age of the victim and the basis on which the person is subject to
2-18 registration under this article. If the victim is a child younger
2-19 than 17 years of age and the basis on which the person is subject
2-20 to registration is not [an adjudication of delinquent conduct or] a
2-21 deferred adjudication and is not a conviction for an offense under
2-22 Section 25.02, Penal Code, the authority shall immediately publish
2-23 notice in English and Spanish in at least one newspaper of general
2-24 circulation in the county in which the person subject to
2-25 registration intends to reside. The local law enforcement
2-26 authority shall publish a duplicate notice in the newspaper, with
2-27 any necessary corrections, during the week immediately following
3-1 the week of initial publication. If the victim is a child younger
3-2 than 17 years of age, regardless of the basis on which the person
3-3 is subject to registration, the authority shall immediately provide
3-4 notice to the superintendent of public schools of the school
3-5 district in which the person subject to registration intends to
3-6 reside by mail to the district office.
3-7 SECTION 4. Section 53.045(a), Family Code, is amended to
3-8 read as follows:
3-9 (a) Except as provided by Subsection (e) of this section,
3-10 the prosecuting attorney may refer the petition to the grand jury
3-11 of the county in which the court in which the petition is filed
3-12 presides if the petition alleges that the child engaged in
3-13 delinquent conduct that constitutes habitual felony conduct as
3-14 described by Section 51.031 or that included the violation of any
3-15 of the following provisions:
3-16 (1) Section 19.02, Penal Code (murder);
3-17 (2) Section 19.03, Penal Code (capital murder);
3-18 (3) Section 20.04, Penal Code (aggravated kidnapping);
3-19 (4) Section 21.11, Penal Code (indecency with a
3-20 child), Section 22.011, Penal Code (sexual assault), [or] Section
3-21 22.021, Penal Code (aggravated sexual assault), or Section 25.02,
3-22 Penal Code (prohibited sexual conduct);
3-23 (5) Section 22.02, Penal Code (aggravated assault);
3-24 (6) Section 29.03, Penal Code (aggravated robbery);
3-25 (7) Section 22.04, Penal Code (injury to a child,
3-26 elderly individual, or disabled individual), if the offense is
3-27 punishable as a felony, other than a state jail felony;
4-1 (8) Section 22.05(b), Penal Code (felony deadly
4-2 conduct involving discharging a firearm);
4-3 (9) Subchapter D, Chapter 481, Health and Safety Code,
4-4 if the conduct constitutes a felony of the first degree or an
4-5 aggravated controlled substance felony (certain offenses involving
4-6 controlled substances);
4-7 (10) Section 15.03, Penal Code (criminal
4-8 solicitation);
4-9 (11) Section 43.25, Penal Code (sexual performance by
4-10 a child), or Section 43.26, Penal Code (possession or promotion of
4-11 child pornography) [21.11(a)(1), Penal Code (indecency with a
4-12 child)];
4-13 (12) Section 15.031, Penal Code (criminal solicitation
4-14 of a minor); [or]
4-15 (13) Section 30.02(d), Penal Code (burglary), if the
4-16 child committed the offense with intent to commit:
4-17 (A) aggravated kidnapping, as listed in
4-18 Subdivision (3), with the intent to violate or abuse sexually the
4-19 victim of the kidnapping; or
4-20 (B) a felony listed in Subdivision (4); or
4-21 (14) Section 15.01, Penal Code (criminal attempt), if
4-22 the offense attempted was an offense under Section 19.02, Penal
4-23 Code (murder), or Section 19.03, Penal Code (capital murder), or an
4-24 offense listed by Section 3g(a)(1), Article 42.12, Code of Criminal
4-25 Procedure.
4-26 SECTION 5. (a) This Act takes effect September 1, 1997.
4-27 (b) This Act applies only to conduct that occurs on or after
5-1 the effective date of this Act. Conduct violating the penal law of
5-2 this state occurs on or after the effective date of this Act if any
5-3 element of the violation occurs on or after that date.
5-4 (c) Conduct that occurs before the effective date of this
5-5 Act is governed by the law in effect at the time the conduct
5-6 occurred, and that law is continued in effect for that purpose.
5-7 SECTION 6. The importance of this legislation and the
5-8 crowded condition of the calendars in both houses create an
5-9 emergency and an imperative public necessity that the
5-10 constitutional rule requiring bills to be read on three several
5-11 days in each house be suspended, and this rule is hereby suspended.