By Goodman H.B. No. 2143
76R8119 PEP-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the applicability of the sex offender registration
1-3 requirements to certain offenders 16 years of age or younger.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Article 62.01(5), Code of Criminal Procedure, is
1-6 amended to read as follows:
1-7 (5) "Reportable conviction or adjudication" means a
1-8 conviction or adjudication, regardless of the pendency of an
1-9 appeal, that is:
1-10 (A) a conviction for a violation of:
1-11 (i) Section 21.11 (Indecency with a
1-12 child), 22.011 (Sexual assault), [22.021 (Aggravated sexual
1-13 assault),] or 25.02 (Prohibited sexual conduct), Penal Code; or
1-14 (ii) Section 22.021 (Aggravated sexual
1-15 assault), Penal Code, unless the conviction is for an offense under
1-16 Subsection (a)(2)(B) of that section, the defendant was a person 16
1-17 years of age or younger at the time of the commission of the
1-18 offense, and the judge enters a finding in the judgment in the case
1-19 that to require the defendant to register under this chapter is not
1-20 in the best interest of justice;
1-21 (B) a conviction for a violation of Section
1-22 43.05 (Compelling prostitution), 43.25 (Sexual performance by a
1-23 child), or 43.26 (Possession or promotion of child pornography),
1-24 Penal Code;
2-1 (C) a conviction for a violation of Section
2-2 20.04(a)(4) (Aggravated kidnapping), Penal Code, if the defendant
2-3 committed the offense with intent to violate or abuse the victim
2-4 sexually;
2-5 (D) a conviction for a violation of Section
2-6 30.02 (Burglary), Penal Code, if the offense is punishable under
2-7 Subsection (d) of that section and the defendant committed the
2-8 offense with intent to commit a felony listed in Paragraph (A) or
2-9 (C);
2-10 (E) the second conviction for a violation of
2-11 Section 21.08 (Indecent exposure), Penal Code;
2-12 (F) a conviction for an attempt, conspiracy, or
2-13 solicitation, as defined by Chapter 15, Penal Code, to commit an
2-14 offense listed in Paragraph (A), (B), (C), or (D);
2-15 (G) an adjudication of delinquent conduct based
2-16 on a violation of one of the offenses listed in Paragraph (A), (B),
2-17 (C), (D), or (F) or for which two violations of the offense listed
2-18 in Paragraph (E) are shown, unless the adjudication is based on an
2-19 offense under Section 22.021(a)(2)(B), Penal Code, the defendant
2-20 was a person 16 years of age or younger at the time of the
2-21 commission of the offense, and the order in the hearing contains a
2-22 finding that to require the defendant to register under this
2-23 chapter is not in the best interest of justice;
2-24 (H) a deferred adjudication for an offense
2-25 listed in Paragraph (A), (B), (C), (D), or (F), unless the
2-26 adjudication is based on an offense under Section 22.021(a)(2)(B),
2-27 Penal Code, the defendant was a person 16 years of age or younger
3-1 at the time of the commission of the offense, and the papers in the
3-2 case contain a finding that to require the defendant to register
3-3 under this chapter is not in the best interest of justice;
3-4 (I) a conviction under the laws of another state
3-5 or the Uniform Code of Military Justice for an offense containing
3-6 elements that are substantially similar to the elements of an
3-7 offense listed under Paragraph (A), (B), (C), (D), or (F); or
3-8 (J) the second conviction under the laws of
3-9 another state or the Uniform Code of Military Justice for an
3-10 offense containing elements that are substantially similar to the
3-11 elements of the offense of indecent exposure.
3-12 SECTION 2. The change in law made by this Act to Article
3-13 62.01(5), Code of Criminal Procedure, applies to any person for
3-14 whom a duty to register as a sex offender under Chapter 62 of that
3-15 code or under former Article 6252-13c.1, Revised Statutes, has not
3-16 expired before the effective date of this Act.
3-17 SECTION 3. This Act takes effect September 1, 1999.
3-18 SECTION 4. The importance of this legislation and the
3-19 crowded condition of the calendars in both houses create an
3-20 emergency and an imperative public necessity that the
3-21 constitutional rule requiring bills to be read on three several
3-22 days in each house be suspended, and this rule is hereby suspended.