SRC-DPW S.B. 400 76(R)   BILL ANALYSIS


Senate Research Center   S.B. 400
76R3237 KEL-DBy: Shapiro
Criminal Justice
2/25/1999
As Filed


DIGEST 

Currently, sex offender registration law states that an out-of-state
conviction is reportable for the purposes of sex offender registration but
gives no mention of out-of-state adjudications.  The 75th Legislature made
sex offender registration retroactive to September 1, 1970 with juveniles
under the supervision of the Texas Youth Commission excluded.  This bill
would require the registration of juvenile sex offenders transferred to
Texas from out-of-state, permit the disclosure of juvenile sex offender
records for registration purposes, and extend sex offender registration
laws to current Texas Youth Commission parolees who were adjudicated after
September 1, 1970. 

PURPOSE

As proposed, S.B. 400 provides requirements for the registration of certain
juvenile offenders under the sex offender registration program. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Article 62.01(5), Code of Criminal Procedure, as added by
Chapter 668, Acts of the 75th Legislature, Regular Session, 1997, to
provide that a "reportable conviction or adjudication" qualifies as a
conviction or adjudication, regardless of the pendency of an appeal from an
adjudication or a second adjudication of delinquent conduct, under laws of
another state or federal law, that are similar to offenses listed or
similar to indecent exposure.  Makes conforming changes.   

SECTION 2. Amends Article 62.03(d), Code of Criminal Procedure, as added by
Chapter 668, Acts of the 75th Legislature, Regular Session, 1997, to
require the Texas Youth Commission, a vendor, or local juvenile probation
department to conduct prerelease notification and registration
requirements, if a person with an adjudication of delinquent conduct is
placed under supervision.  Makes conforming and nonsubstantive changes. 

SECTION 3. Amends Section 58.007(a), Family Code, to exempt records or
files subject to disclosure under Chapter 62, Code of Criminal Procedure.
Makes conforming and nonsubstantive changes. 

SECTION 4. Amends Section 11(a), Chapter 668, Acts of 75th Legislature, to
make changes in this Act applicable to offenses listed in Subdivision (5),
effective September 1, 1997.  Provides that the Texas Youth Commission
fulfills the supervision requirement for the application of Subdivision
(5).  
SECTION 5. (a) Makes application of SECTIONS 1 and 2 of this Act
retroactive. 

(b) Provides that SECTION 3 of this Act applies to files created or
maintained under Chapter 62, Code of Criminal Procedure, on or after
September 1, 1995. 

SECTION 6.Emergency clause.
  Effective date: upon passage.