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.