By Hamric H.B. No. 1010
76R1973 GWK-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the punishment of the offense of trespassing and to
1-3 requiring certain defendants convicted of that offense to register
1-4 as sex offenders.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Section 30.05(d), Penal Code, is amended to read
1-7 as follows:
1-8 (d) An offense under this section is a Class B misdemeanor,
1-9 except that the offense is a Class A misdemeanor if:
1-10 (1) [unless] it is committed in a habitation or a
1-11 shelter center;
1-12 (2) [or unless] the actor carries a deadly weapon on
1-13 or about his person during the commission of the offense; or
1-14 (3) the actor commits the offense with the intent to
1-15 arouse or gratify the sexual desire of any person [, in which event
1-16 it is a Class A misdemeanor].
1-17 SECTION 2. Article 62.01(5), Code of Criminal Procedure, as
1-18 added by Chapter 668, Acts of the 75th Legislature, Regular
1-19 Session, 1997, is amended to read as follows:
1-20 (5) "Reportable conviction or adjudication" means a
1-21 conviction or adjudication, regardless of the pendency of an
1-22 appeal, that is:
1-23 (A) a conviction for a violation of Section
1-24 21.11 (Indecency with a child), 22.011 (Sexual assault), 22.021
2-1 (Aggravated sexual assault), or 25.02 (Prohibited sexual conduct),
2-2 Penal Code;
2-3 (B) a conviction for a violation of Section
2-4 43.05 (Compelling prostitution), 43.25 (Sexual performance by a
2-5 child), or 43.26 (Possession or promotion of child pornography),
2-6 Penal Code;
2-7 (C) a conviction for a violation of Section
2-8 20.04(a)(4) (Aggravated kidnapping), Penal Code, if the defendant
2-9 committed the offense with intent to violate or abuse the victim
2-10 sexually;
2-11 (D) a conviction for a violation of Section
2-12 30.02 (Burglary), Penal Code, if the offense is punishable under
2-13 Subsection (d) of that section and the defendant committed the
2-14 offense with intent to commit a felony listed in Paragraph (A) or
2-15 (C);
2-16 (E) the second conviction for a violation of
2-17 Section 21.08 (Indecent exposure), Penal Code;
2-18 (F) a conviction for an attempt, conspiracy, or
2-19 solicitation, as defined by Chapter 15, Penal Code, to commit an
2-20 offense listed in Paragraph (A), (B), (C), or (D);
2-21 (G) an adjudication of delinquent conduct based
2-22 on a violation of one of the offenses listed in Paragraph (A), (B),
2-23 (C), (D), or (F) or for which two violations of the offense listed
2-24 in Paragraph (E) are shown;
2-25 (H) a deferred adjudication for an offense
2-26 listed in Paragraph (A), (B), (C), (D), or (F);
2-27 (I) a conviction under the laws of another state
3-1 or the Uniform Code of Military Justice for an offense containing
3-2 elements that are substantially similar to the elements of an
3-3 offense listed under Paragraph (A), (B), (C), (D), or (F); [or]
3-4 (J) the second conviction under the laws of
3-5 another state or the Uniform Code of Military Justice for an
3-6 offense containing elements that are substantially similar to the
3-7 elements of the offense of indecent exposure; or
3-8 (K) a conviction for a violation of Section
3-9 30.05, Penal Code, if the offense is punishable under Subsection
3-10 (d)(3) of that section.
3-11 SECTION 3. (a) The change in law made by this Act applies
3-12 only to an offense committed on or after the effective date of this
3-13 Act. For purposes of this section, an offense is committed before
3-14 the effective date of this Act if any element of the offense occurs
3-15 before the effective date.
3-16 (b) An offense committed before the effective date of this
3-17 Act is covered by the law in effect when the offense was committed,
3-18 and the former law is continued in effect for that purpose.
3-19 SECTION 4. This Act takes effect September 1, 1999.
3-20 SECTION 5. The importance of this legislation and the
3-21 crowded condition of the calendars in both houses create an
3-22 emergency and an imperative public necessity that the
3-23 constitutional rule requiring bills to be read on three several
3-24 days in each house be suspended, and this rule is hereby suspended.