HBA-NIK C.S.H.B. 2145 76(R)BILL ANALYSIS Office of House Bill AnalysisC.S.H.B. 2145 By: Allen Public Safety 4/23/1999 Committee Report (Substituted) BACKGROUND AND PURPOSE Currently, information about the 15,500 registered sex offenders in Texas is available through the police and sheriff's department as well as on the Internet. This database is made possible through the mandatory sex offender registration law. The information available electronically includes the name, age, zip code, and shoe size of the sex offender and is updated at least twice a week. What is not currently available is the sex offender's photo, specific street address, telephone number, and social security, and driver's license number. C.S.H.B. 2145 relates to persons subject to sex offender registration requirements and to the conditions for supervised release of those persons. These amendments to the Code of Criminal Procedure add requirements to the current law in order to modify and update the sex offender registration process and database. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Article 62.01(5), Code of Criminal Procedure, to include in the definition "reportable conviction or adjudication" an adjudication of delinquent conduct under the laws of another state or federal law (laws) based on a violation of an offense containing elements that are substantially similar to the elements of a specified offense, and also include in the definition the second adjudication of delinquent conduct under laws based on a violation of an offense containing elements that are substantially similar to the elements of the offense of indecent exposure. " SECTION 2. Amends Articles 62.03(d) and (f), Code of Criminal Procedure, as follows: (d) Requires a public or private vendor operating under contract with the Texas Youth Commission, or a local juvenile probation department, the commission, vendor, or probation department to conduct the prerelease notification and registration requirements specified in this article on the date the person is placed under the supervision of the commission, vendor, or probation department, if a person who has a reportable adjudication of delinquent conduct described by Article 62.01(5)(J) or (L) is, as permitted by Section 60.002 (Execution of Interstate Compact), Family Code, placed under the supervision of the Texas Youth Commission. Makes a conforming change. (e) Includes the requirements that the superintendent of a public school district, on receipt of a notice under this subsection, release the information contained in the notice to appropriate school district personnel, including peace officers and security personnel, principal, nurses, and counselors. (f) Includes the person's full name, numeric street address or physical address, if a numeric street address is not available, and either a recent photograph of the person or the Internet address of a website on which the person's photograph is accessible free of charge, in the information the local law enforcement authority is authorized to include in a newspaper. Makes conforming and nonsubstantive changes. SECTION 3. Amends Article 62.04(g), Code of Criminal Procedure, to make conforming and nonsubstantive changes. SECTION 4. Amends Article 62.06(a) and (b), Code of Criminal Procedure, as follows: (a) Requires a person subject to registration under this chapter who has for a sexually violent offense been convicted two or more times, received an order of deferred adjudication two or more times, or been convicted and received an order of deferred adjudication, rather than a person subject to registration under this chapter who has on two or more occasions been convicted of or received an order of deferred adjudication for a sexually violent offense, to report to the local law enforcement authority with whom the person is required to register at specified intervals. Provides specified provisions for which a person not subject to the 90-day reporting requirements under this subchapter must register no later than the 30th day after the anniversary of the person's date of birth, rather than the 30th day after the anniversary of the date on which the person first registered under this chapter. (b) Provides that if the person is required to report not less than once in each 90-day period under Subsection (a), rather than if the person has on two or more occasions been convicted of or received an order of deferred adjudication for a sexually violent offense, or if the person is to report once a year in the 30 days either before or after the anniversary of the person's date of birth, if the person is required to report once a year under Subsection (a), rather than the anniversary of the date on which the person first registered under this chapter, the local law enforcement authority is authorized to direct the person to report not less than once in each 90-day period following the date the person first registered under this chapter. SECTION 5. Amends Article 62.08(b), Code of Criminal Procedure, to delete the person's photograph and numeric street address from the information in the database not available for the public. SECTION 6. Amends Section 58.007(a), Family Code, to add that this section does not apply to a record or file relating to a child that is subject to disclosure under Chapter 62, Code of Criminal Procedure, as added by Chapter 668, Acts of the 75th Legislature, Regular Session, 1997. Makes conforming and nonsubstantive changes. SECTION 7. Amends Section 411.135(a), Government Code, to add that any information under Chapter 62, Code of Criminal Procedure, as added by Chapter 668, Acts of the 75th Legislature, Regular Session,1997, including, to the extent available, a recent photograph of each person subject to registration under that chapter, rather than any information under Section 5, Article 6252-13c.1, V.T.C.S., as information any person is entitled to obtain from the department. SECTION 8. Amends Section 11(a), Chapter 668, Acts of the 75th Legislature, Regular Session, 1997, to establish September 1, 1997, rather than the effective date of this Act, as the date from which this change in law applies to a defendant. Includes the TYC among the entities contracting with another entity having supervision and control of a defendant. SECTION 9. Repealer: Section 62.12(c) Code of Criminal Procedure, which exempts a person registered under this chapter from registering in a county where the person resides if it is determined that the person no longer poses a threat to the community. SECTION 10. Applies Section 62.01(5) and Section 62.03(d), Code of Criminal Procedure, to juvenile offenders adjudicated as having engaged in delinquent conduct, before, on, or after the effective date of this Act. SECTION 11. Makes application of Sections 62.06(a) and (b), Code of Criminal Procedure, prospective to a defendant who is confined in a penal institution, as that term is defined by Article 62.01(3), Code of Criminal Procedure, or is under the supervision and control of a juvenile probation office or an agency or entity operating under contract with a juvenile probation office, the TYC, a community supervision and corrections department, or the pardons and paroles division of TDCJ. SECTION 12. Requires the local law enforcement authority, with whom a person verifies registration by reporting to the authority not earlier than the 30th day before and not later than the 30th day after the anniversary of the date on which the person first registered with the authority to inform the person that the next occasion and each succeeding occasion on which the person verifies registration, the person must comply with Sections 62.06(a) and (b), Code of Criminal Procedure, as amended by this Act. Provides that the change in law to which this section applies does not affect the validity of any action taken by a person to verify registration before the person is provided an opportunity to be informed of the change in law made by this Act as required by this section. SECTION 13. Applies Section 58.007, Family Code, to records and files created or maintained under Chapter 62, Code of Criminal Procedure, as added by Chapter 668, Acts of the 75th Legislature, Regular Session, 1997, on or after September 1, 1995. SECTION 14. Effective date: September 1, 1999. SECTION 15. Emergency clause. COMPARISON OF ORIGINAL TO SUBSTITUTE C.S.H.B. 2145 modifies the original bill by deleting SECTION 1 (amending Section 11(e), Article 42.12, Code of Criminal Procedure) of the original bill, which deleted the registration as a condition of community supervision, and instead required as a condition of community supervision that the defendant register as a sex offender under Chapter 62 (Missing Children and Missing Persons), and submit a blood sample or other specimen to the Department of Public Safety (DPS) under Subchapter G (DNA Database System Department of Public Safety of the State of Texas), Chapter 411, Government Code, for the purpose of creating a DNA record of the defendant. C.S.H.B. 2145 modifies the original bill by deleting SECTION 2 (proposed Section 19(h), Article 42.12, Code of Criminal Procedure) of the original bill, which required the judge, if the judge places a person required to register as a sex offender on community supervision, to require, as a condition of community supervision, that the person pay to the person's supervising officer, in addition to the fee required by Subsection (g), in an amount set under Section 411.145(c)(Fees), Government Code, to cover the cost of obtaining and analyzing a blood sample or other specimen (sample). It also required a community supervision and corrections department to remit feed collected under this subsection to the DPS, and provided the provisions under which the person registered as a sex offender to qualify for an affirmative defense to revocation. C.S.H.B. 2145 modifies the original bill by deleting SECTION 3 (proposed Section 22(e), Article 42.12, Code of Criminal Procedure) of the original bill, which required a judge who continues or modifies community supervision under this section for a defendant required to register as a sex offender to require the defendant to submit a sample to DPS for the purpose of creating a DNA record of the defendant, and to pay to the person's supervising officer a fee to cover the cost of obtaining and analyzing the sample. C.S.H.B. 2145 modifies the original bill by redesignating SECTION 4 of the original SECTION 1 of the substitute. C.S.H.B. 2145 modifies the original bill by redesignating SECTION 5 of the original to SECTION 2 of the substitute. The substitute also modifies the original by amending Subsection (e) to require the superintendent of a public school district to release the information contained in the notice to appropriate school district personnel, including peace officers and security personnel, principals, nurses, and counselors. Subsection (e) was not addressed in the original. The substitute modifies the original by amending proposed Subdivision (f)(4) of the original, which required a recent photograph of the person, if available, to require either a recent photograph of the person or the Internet address of a website on which the person's photograph is accessible free of charge. C.S.H.B. 2145 modifies the original bill by redesignating SECTION 6 of the original to SECTION 3 of the substitute. The substitute also modifies the original by amending Subsection (f) to make a conforming change. Subsection (f) was not addressed in the original. Makes a conforming change. C.S.H.B. 2145 modifies the original bill by redesignating SECTIONS 7-10 of the original bill to SECTIONS 4-7 of the substitute. C.S.H.B. 2145 modifies the original bill by deleting SECTIONS 11-17 of the original bill, which did the following: SECTION 11 of the original bill amended Section 411.145, relating to the fee to be set by the public safety director (director). SECTION 12 of the original bill amended Section 411.146(a), to include Section 411.155 among the sections that set provisions authorizing the director to accept a blood sample or other specimen taken in a medically approved manner. SECTIONS 13 and 14 of the original bill amended Sections 411.148 and 411.150(a), relating to the requirements of an inmate to provide one or more blood samples for offenses requiring registration as a sex offender. SECTION 15 of the original bill amended Subchapter G, Chapter 411, by adding Section 411.155, relating to DNA records of certain persons subject to supervision. SECTION 16 of the original bill amended Sections 508.186(a) and (b), relating to the submission of samples by a releasee. This section provided rulemaking authority. SECTION 17 of the original bill amended Section 508.283, by adding Subsection (e), relating to requirements for the parole panel concerning the creation of a DNA record of a certain person. All deleted Sections related to the Government Code. C.S.H.B. 2145 modifies the original bill redesignating SECTION 18 and 19 of the original bill to SECTIONS 8 and 9 of the substitute. C.S.H.B. 2145 modifies the original bill by deleting SECTIONS 20-22 of the original bill. SECTION 20 provided that the text of Section 508.186(a), Government Code, gave effect to changes made by Section 6, Chapter 668, Acts of the 75th Legislature, Regular Session, and that this Act prevailed. SECTION 21 required the Public Safety Commission to adopt specified rules by January 1, 2000. SECTION 22 made application of Sections 11(e) and 19, Article 42.12 Code of Criminal Procedure, prospective. C.S.H.B. 2145 modifies the original bill by redesignating SECTIONS 23-26 of the original bill to proposed SECTIONS 10-13 of the substitute. C.S.H.B. 2145 modifies the original bill by deleting SECTION 27 of the original bill, which made the application of the Sections 411.148(a) and 411.150(a), Government Code, prospective to a specified defendant. This substitute also deletes SECTION 28 of the original bill, which applied Section 508.186, Government Code, to a specified inmate on or after January 1, 2000. C.S.H.B. 2145 modifies the original bill by redesignating SECTIONS 29-30 of the original bill to SECTIONS 14-15 of the substitute.