By Allen, McClendon H.B. No. 2145
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to persons subject to sex offender registration
1-3 requirements and to the conditions for supervised release of those
1-4 persons.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Article 62.01(5), Code of Criminal Procedure, is
1-7 amended to read as follows:
1-8 (5) "Reportable conviction or adjudication" means a
1-9 conviction or adjudication, regardless of the pendency of an
1-10 appeal, that is:
1-11 (A) a conviction for a violation of Section
1-12 21.11 (Indecency with a child), 22.011 (Sexual assault), 22.021
1-13 (Aggravated sexual assault), or 25.02 (Prohibited sexual conduct),
1-14 Penal Code;
1-15 (B) a conviction for a violation of Section
1-16 43.05 (Compelling prostitution), 43.25 (Sexual performance by a
1-17 child), or 43.26 (Possession or promotion of child pornography),
1-18 Penal Code;
1-19 (C) a conviction for a violation of Section
1-20 20.04(a)(4) (Aggravated kidnapping), Penal Code, if the defendant
1-21 committed the offense with intent to violate or abuse the victim
1-22 sexually;
1-23 (D) a conviction for a violation of Section
1-24 30.02 (Burglary), Penal Code, if the offense is punishable under
2-1 Subsection (d) of that section and the defendant committed the
2-2 offense with intent to commit a felony listed in Paragraph (A) or
2-3 (C);
2-4 (E) the second conviction for a violation of
2-5 Section 21.08 (Indecent exposure), Penal Code;
2-6 (F) a conviction for an attempt, conspiracy, or
2-7 solicitation, as defined by Chapter 15, Penal Code, to commit an
2-8 offense listed in Paragraph (A), (B), (C), or (D);
2-9 (G) an adjudication of delinquent conduct based
2-10 on a violation of one of the offenses listed in Paragraph (A), (B),
2-11 (C), (D), or (F) or for which two violations of the offense listed
2-12 in Paragraph (E) are shown;
2-13 (H) a deferred adjudication for an offense
2-14 listed in Paragraph (A), (B), (C), (D), or (F);
2-15 (I) a conviction under the laws of another state
2-16 or the Uniform Code of Military Justice for an offense containing
2-17 elements that are substantially similar to the elements of an
2-18 offense listed under Paragraph (A), (B), (C), (D), or (F); [or]
2-19 (J) an adjudication of delinquent conduct under
2-20 the laws of another state or federal law based on a violation of an
2-21 offense containing elements that are substantially similar to the
2-22 elements of an offense listed under Paragraph (A), (B), (C), (D),
2-23 or (F);
2-24 (K) the second conviction under the laws of
2-25 another state or the Uniform Code of Military Justice for an
2-26 offense containing elements that are substantially similar to the
2-27 elements of the offense of indecent exposure; or
3-1 (L) the second adjudication of delinquent
3-2 conduct under the laws of another state or federal law based on a
3-3 violation of an offense containing elements that are substantially
3-4 similar to the elements of the offense of indecent exposure.
3-5 SECTION 2. Articles 62.03(a), (d), (e), and (f), Code of
3-6 Criminal Procedure, are amended to read as follows:
3-7 (a) Before a person who will be subject to registration
3-8 under this chapter is due to be released from a penal institution,
3-9 an official of the penal institution shall:
3-10 (1) inform the person that:
3-11 (A) not later than the seventh day after the
3-12 date on which the person is released or the date on which the
3-13 person moves from a previous residence to a new residence in this
3-14 state, the person must:
3-15 (i) register or verify registration with
3-16 the local law enforcement authority in the municipality or county
3-17 in which the person intends to reside; or
3-18 (ii) if the person has not moved to an
3-19 intended residence, report to the juvenile probation officer,
3-20 community supervision and corrections department officer, or parole
3-21 officer supervising the person;
3-22 (B) not later than the seventh day before the
3-23 date on which the person moves to a new residence in this state or
3-24 another state, the person must report in person to the local law
3-25 enforcement authority with whom the person last registered and to
3-26 the juvenile probation officer, community supervision and
3-27 corrections department officer, or parole officer supervising the
4-1 person; [and]
4-2 (C) not later than the 10th day after the date
4-3 on which the person arrives in another state in which the person
4-4 intends to reside, the person must register with the law
4-5 enforcement agency that is identified by the department as the
4-6 agency designated by that state to receive registration
4-7 information, if the other state has a registration requirement for
4-8 sex offenders; and
4-9 (D) not later than the 30th day after the date
4-10 on which the person is released, the person must apply to the
4-11 department in person for the issuance of an original or renewal
4-12 driver's license or personal identification certificate, and a
4-13 failure to apply to the department as required by this paragraph
4-14 results in the automatic revocation of any driver's license or
4-15 personal identification certificate issued by the department to the
4-16 person;
4-17 (2) require the person to sign a written statement
4-18 that the person was informed of the person's duties as described by
4-19 Subdivision (1) or, if the person refuses to sign the statement,
4-20 certify that the person was so informed;
4-21 (3) obtain the address where the person expects to
4-22 reside on the person's release and other registration information,
4-23 including a photograph and complete set of fingerprints; and
4-24 (4) complete the registration form for the person.
4-25 (d) If a person who has a reportable conviction [for an
4-26 offense] described by Article 62.01(5)(I) or (K) [(J)] is placed
4-27 under the supervision of the pardons and paroles division of the
5-1 Texas Department of Criminal Justice or a community supervision and
5-2 corrections department under Article 42.11, the division or
5-3 community supervision and corrections department shall conduct the
5-4 prerelease notification and registration requirements specified in
5-5 this article on the date the person is placed under the supervision
5-6 of the division or community supervision and corrections
5-7 department. If a person who has a reportable adjudication of
5-8 delinquent conduct described by Article 62.01(5)(J) or (L) is, as
5-9 permitted by Section 60.002, Family Code, placed under the
5-10 supervision of the Texas Youth Commission, a public or private
5-11 vendor operating under contract with the Texas Youth Commission, or
5-12 a local juvenile probation department, the commission, vendor, or
5-13 probation department shall conduct the prerelease notification and
5-14 registration requirements specified in this article on the date the
5-15 person is placed under the supervision of the commission, vendor,
5-16 or probation department.
5-17 (e) Not later than the eighth day after receiving a
5-18 registration form under Subsection (b), (c), or (d), the local law
5-19 enforcement authority shall verify the age of the victim and the
5-20 basis on which the person is subject to registration under this
5-21 chapter. If the victim is a child younger than 17 years of age and
5-22 the basis on which the person is subject to registration is not an
5-23 adjudication of delinquent conduct and is not a conviction or a
5-24 deferred adjudication for an offense under Section 25.02, Penal
5-25 Code, the authority shall immediately publish notice in English and
5-26 Spanish in the newspaper of greatest paid circulation in the county
5-27 in which the person subject to registration intends to reside or,
6-1 if there is no newspaper of paid circulation in that county, in the
6-2 newspaper of greatest general circulation in the county. The
6-3 authority shall publish a duplicate notice in the newspaper, with
6-4 any necessary corrections, during the week immediately following
6-5 the week of initial publication. If the victim is a child younger
6-6 than 17 years of age, regardless of the basis on which the person
6-7 is subject to registration, the authority shall immediately provide
6-8 notice to the superintendent of the public school district and to
6-9 the administrator of any private primary or secondary school
6-10 located in the public school district in which the person subject
6-11 to registration intends to reside by mail to the office of the
6-12 superintendent or administrator, as appropriate. On receipt of a
6-13 notice under this subsection, the superintendent shall release the
6-14 information contained in the notice to appropriate school district
6-15 personnel, including peace officers and security personnel,
6-16 principals, nurses, and counselors.
6-17 (f) The local law enforcement authority shall include in the
6-18 notice by publication in a newspaper the following information
6-19 only:
6-20 (1) the person's full name, age, and gender;
6-21 (2) a brief description of the offense for which the
6-22 person is subject to registration; [and]
6-23 (3) the municipality, numeric street address or
6-24 physical address, if a numeric street address is not available
6-25 [name], and zip code number where the person intends to reside; and
6-26 (4) either a recent photograph of the person or the
6-27 Internet address of a website on which the person's photograph is
7-1 accessible free of charge.
7-2 SECTION 3. Articles 62.04(f) and (g), Code of Criminal
7-3 Procedure, are amended to read as follows:
7-4 (f) If the person moves to another municipality or county in
7-5 this state, the department shall inform the applicable local law
7-6 enforcement authority in the new area of the person's residence not
7-7 later than the third day after the date on which the department
7-8 receives information under Subsection (a). Not later than the
7-9 eighth day after the date on which the local law enforcement
7-10 authority is informed under Subsection (a) or under this
7-11 subsection, the authority shall verify the age of the victim and
7-12 the basis on which the person is subject to registration under this
7-13 chapter. If the victim is a child younger than 17 years of age and
7-14 the basis on which the person is subject to registration is not an
7-15 adjudication of delinquent conduct and is not a conviction or a
7-16 deferred adjudication for an offense under Section 25.02, Penal
7-17 Code, the authority shall immediately publish notice in English and
7-18 Spanish in the newspaper of greatest paid circulation in the county
7-19 in which the person subject to registration intends to reside or,
7-20 if there is no newspaper of paid circulation in that county, in the
7-21 newspaper of greatest general circulation in the county. The local
7-22 law enforcement authority shall publish a duplicate notice in the
7-23 newspaper, with any necessary corrections, during the week
7-24 immediately following the week of initial publication. If the
7-25 victim is a child younger than 17 years of age, regardless of the
7-26 basis on which the person is subject to registration, the authority
7-27 shall immediately provide notice to the superintendent of the
8-1 public school district and to the administrator of any private
8-2 primary or secondary school located in the public school district
8-3 in which the person subject to registration intends to reside by
8-4 mail to the office of the superintendent or administrator, as
8-5 appropriate. On receipt of a notice under this subsection, the
8-6 superintendent shall release the information contained in the
8-7 notice to appropriate school district personnel, including peace
8-8 officers and security personnel, principals, nurses, and
8-9 counselors.
8-10 (g) The local law enforcement authority shall include in the
8-11 notice by publication in a newspaper the following information
8-12 only:
8-13 (1) the person's full name, age, and gender;
8-14 (2) a brief description of the offense for which the
8-15 person is subject to registration; [and]
8-16 (3) the municipality, numeric street address or
8-17 physical address, if a numeric street address is not available
8-18 [name], and zip code number where the person intends to reside; and
8-19 (4) either a recent photograph of the person or the
8-20 Internet address of a website on which the person's photograph is
8-21 accessible free of charge.
8-22 SECTION 4. Articles 62.06(a) and (b), Code of Criminal
8-23 Procedure, are amended to read as follows:
8-24 (a) A person subject to registration under this chapter who
8-25 has for a sexually violent offense been convicted [on] two or more
8-26 times, [occasions been convicted of or] received an order of
8-27 deferred adjudication two or more times, or been convicted and
9-1 received an order of deferred adjudication [for a sexually violent
9-2 offense] shall report to the local law enforcement authority with
9-3 whom the person is required to register not less than once in each
9-4 90-day period following the date the person first registered under
9-5 this chapter to verify the information in the registration form
9-6 maintained by the authority for that person. A person subject to
9-7 registration under this chapter who is not subject to the 90-day
9-8 reporting requirement described by this subsection shall report to
9-9 the local law enforcement authority with whom the person is
9-10 required to register once each year not earlier than the 30th day
9-11 before and not later than the 30th day after the anniversary of the
9-12 person's date of birth [on which the person first registered under
9-13 this chapter] to verify the information in the registration form
9-14 maintained by the authority for that person.
9-15 (b) A local law enforcement authority with whom a person is
9-16 required to register under this chapter may direct the person to
9-17 report to the authority to verify the information in the
9-18 registration form maintained by the authority for that person. The
9-19 authority may direct the person to report under this subsection
9-20 once in each 90-day period following the date the person first
9-21 registered under this chapter, if the person is required to report
9-22 not less than once in each 90-day period under Subsection (a) [has
9-23 on two or more occasions been convicted of or received an order of
9-24 deferred adjudication for a sexually violent offense,] or[, if
9-25 not,] once in each year not earlier than the 30th day before and
9-26 not later than the 30th day after the anniversary of the person's
9-27 date of birth, if the person is required to report once each year
10-1 under Subsection (a) [on which the person first registered under
10-2 this chapter]. A local law enforcement authority may not direct a
10-3 person to report to the authority under this subsection if the
10-4 person is required to report under Subsection (a) and is in
10-5 compliance with the reporting requirements of that subsection.
10-6 SECTION 5. Article 62.08(b), Code of Criminal Procedure, is
10-7 amended to read as follows:
10-8 (b) The information contained in the database is public
10-9 information, with the exception of [the person's photograph or] any
10-10 information:
10-11 (1) regarding the person's social security number,
10-12 driver's license number, [numeric street address,] or telephone
10-13 number;
10-14 (2) that is required by the department under Article
10-15 62.02(b)(5); or
10-16 (3) that would identify the victim of the offense for
10-17 which the person is subject to registration.
10-18 SECTION 6. Section 58.007(a), Family Code, is amended to
10-19 read as follows:
10-20 (a) This section applies only to the inspection and
10-21 maintenance of a physical record or file concerning a child and
10-22 does not affect the collection, dissemination, or maintenance of
10-23 information as provided by Subchapter B. This section does not
10-24 apply to a record or file relating to a child that is:
10-25 (1) required or authorized to be maintained under the
10-26 laws regulating the operation of motor vehicles in this state;
10-27 (2) [or to a record or file relating to a child that
11-1 is] maintained by a municipal or justice court; or
11-2 (3) subject to disclosure under Chapter 62, Code of
11-3 Criminal Procedure, as added by Chapter 668, Acts of the 75th
11-4 Legislature, Regular Session, 1997.
11-5 SECTION 7. Section 411.135(a), Government Code, as added by
11-6 Chapter 747, Acts of the 75th Legislature, Regular Session, 1997,
11-7 is amended to read as follows:
11-8 (a) Any person is entitled to obtain from the department:
11-9 (1) any information described as public information
11-10 under Chapter 62, Code of Criminal Procedure, as added by Chapter
11-11 668, Acts of the 75th Legislature, Regular Session, 1997,
11-12 including, to the extent available, a recent photograph of each
11-13 person subject to registration under that chapter [Section 5,
11-14 Article 6252-13c.1, Revised Statutes]; and
11-15 (2) criminal history record information maintained by
11-16 the department [that is a court record of a public judicial
11-17 proceeding and] that relates to[:]
11-18 [(A)] the conviction of or a grant of deferred
11-19 adjudication to a person for any criminal offense, including arrest
11-20 information that relates to the conviction or grant of deferred
11-21 adjudication[; or]
11-22 [(B) a grant of deferred adjudication to a
11-23 person charged with a felony offense].
11-24 SECTION 8. Section 11(a), Chapter 668, Acts of the 75th
11-25 Legislature, Regular Session, 1997, is amended to read as follows:
11-26 (a) The change in law made by this Act to Article 62.11,
11-27 Code of Criminal Procedure, as redesignated and amended by this Act
12-1 (formerly Subsection (a), Section 8, Article 6252-13c.1, Revised
12-2 Statutes), applies only to a defendant who, with respect to an
12-3 offense listed in Subdivision (5), Article 62.01, Code of Criminal
12-4 Procedure, as redesignated and amended by this Act (formerly
12-5 Subdivision (5), Section 1, Article 6252-13c.1, Revised Statutes),
12-6 on or after September 1, 1997 [the effective date of this Act]:
12-7 (1) is confined in a penal institution, as that term
12-8 is defined by Subdivision (3), Article 62.01, Code of Criminal
12-9 Procedure, as redesignated and amended by this Act (formerly
12-10 Subdivision (3), Section 1, Article 6252-13c.1, Revised Statutes);
12-11 or
12-12 (2) is under the supervision and control of a juvenile
12-13 probation office or an agency or entity operating under contract
12-14 with a juvenile probation office, the Texas Youth Commission, a
12-15 community supervision and corrections department, or the pardons
12-16 and paroles division of the Texas Department of Criminal Justice.
12-17 SECTION 9. Chapter 42, Code of Criminal Procedure, is
12-18 amended by adding Article 42.016 to read as follows:
12-19 Art. 42.016. SPECIAL DRIVER'S LICENSE OR IDENTIFICATION
12-20 REQUIREMENTS FOR CERTAIN SEX OFFENDERS. If a person is convicted
12-21 of, receives a grant of deferred adjudication for, or is
12-22 adjudicated as having engaged in delinquent conduct based on a
12-23 violation of an offense for which a conviction or adjudication
12-24 requires registration as a sex offender under Chapter 62, as added
12-25 by Chapter 668, Acts of the 75th Legislature, Regular Session,
12-26 1997, the court shall:
12-27 (1) issue an order requiring the Texas Department of
13-1 Public Safety to include in any driver's license record or personal
13-2 identification certificate record maintained by the department for
13-3 the person an indication that the person is subject to the
13-4 registration requirements of Chapter 62, as added by Chapter 668,
13-5 Acts of the 75th Legislature, Regular Session, 1997;
13-6 (2) require the person to apply to the Texas
13-7 Department of Public Safety in person for an original or renewal
13-8 driver's license or personal identification certificate not later
13-9 than the 30th day after the date the person is released or the date
13-10 the department sends written notice to the person of the
13-11 requirements of Article 62.065, as applicable, and to annually
13-12 renew the license or certificate;
13-13 (3) notify the person of the consequence of the
13-14 conviction or order of deferred adjudication as it relates to the
13-15 order issued under this article; and
13-16 (4) send to the Texas Department of Public Safety a
13-17 copy of the record of conviction, a copy of the order granting
13-18 deferred adjudication, or a copy of the juvenile adjudication, as
13-19 applicable, and a copy of the order issued under this article.
13-20 SECTION 10. Chapter 62, Code of Criminal Procedure, as added
13-21 by Chapter 668, Acts of the 75th Legislature, Regular Session,
13-22 1997, is amended by adding Articles 62.065 and 62.085 to read as
13-23 follows:
13-24 Art. 62.065. REQUIREMENTS RELATING TO DRIVER'S LICENSE OR
13-25 PERSONAL IDENTIFICATION CERTIFICATE. (a) A person subject to
13-26 registration under this chapter shall apply to the department in
13-27 person for the issuance of an original or renewal driver's license
14-1 under Section 521.272, Transportation Code, or for a personal
14-2 identification certificate under Section 521.103, Transportation
14-3 Code, not later than the 30th day after the date:
14-4 (1) the person is released from a penal institution or
14-5 is released by a court on juvenile probation or community
14-6 supervision; or
14-7 (2) the department sends written notice to the person
14-8 of the requirements of this article.
14-9 (b) The person shall annually renew in person each driver's
14-10 license or personal identification certificate issued by the
14-11 department to the person, including each renewal, duplicate, or
14-12 corrected license or certificate, until the person's duty to
14-13 register under this chapter expires.
14-14 (c) The department shall determine from its records which
14-15 persons required to register under this chapter are under the
14-16 supervision and control of a juvenile probation office or an agency
14-17 or entity operating under contract with a juvenile probation
14-18 office, a community supervision and corrections department, or the
14-19 pardons and paroles division of the Texas Department of Criminal
14-20 Justice and shall provide written notice of the requirements of
14-21 this article to each of those persons by not later than October 30,
14-22 2000. This subsection expires January 1, 2001.
14-23 Art. 62.085. INFORMATION PROVIDED TO PEACE OFFICER. The
14-24 department shall establish a procedure by which a peace officer or
14-25 employee of a law enforcement agency who provides the department
14-26 with a driver's license, personal identification certificate, or
14-27 license plate number is automatically provided information as to
15-1 whether the person to whom the driver's license or personal
15-2 identification certificate is issued is required to register under
15-3 this chapter or whether the license plate number is entered in the
15-4 computerized central database under Article 62.08 as assigned to a
15-5 vehicle owned or driven by a person required to register under this
15-6 chapter.
15-7 SECTION 11. Subchapter C, Chapter 521, Transportation Code,
15-8 is amended by adding Section 521.057 to read as follows:
15-9 Sec. 521.057. INFORMATION REGARDING CERTAIN SEX OFFENDERS.
15-10 (a) On receipt of a court order issued under Article 42.016, Code
15-11 of Criminal Procedure, the department shall ensure that any
15-12 driver's license record or personal identification certificate
15-13 record maintained by the department for the person includes an
15-14 indication that the person is subject to the registration
15-15 requirements of Chapter 62, Code of Criminal Procedure, as added by
15-16 Chapter 668, Acts of the 75th Legislature, Regular Session, 1997.
15-17 (b) The department shall include the indication required by
15-18 Subsection (a) in any driver's license record or personal
15-19 identification certificate record maintained by the department for
15-20 the person until the expiration of the person's duty to register
15-21 under Chapter 62, Code of Criminal Procedure, as added by Chapter
15-22 668, Acts of the 75th Legislature, Regular Session, 1997.
15-23 SECTION 12. Section 521.101, Transportation Code, is amended
15-24 by adding Subsections (h) and (i) to read as follows:
15-25 (h) The department shall automatically revoke each personal
15-26 identification certificate issued by the department to a person
15-27 who:
16-1 (1) is subject to the registration requirements of
16-2 Chapter 62, Code of Criminal Procedure, as added by Chapter 668,
16-3 Acts of the 75th Legislature, Regular Session, 1997; and
16-4 (2) fails to apply to the department for renewal of
16-5 the personal identification certificate as required by Article
16-6 62.065, Code of Criminal Procedure.
16-7 (i) The department may issue a personal identification
16-8 certificate to a person whose certificate is revoked under
16-9 Subsection (h) only if the person applies for an original or
16-10 renewal certificate under Section 521.103.
16-11 SECTION 13. Subchapter E, Chapter 521, Transportation Code,
16-12 is amended by adding Section 521.103 to read as follows:
16-13 Sec. 521.103. EXPIRATION AND RENEWAL REQUIREMENTS FOR
16-14 CERTAIN SEX OFFENDERS. (a) The department may issue an original
16-15 or renewal personal identification certificate to a person whose
16-16 driver's license or personal identification certificate record
16-17 indicates that the person is subject to the registration
16-18 requirements of Chapter 62, Code of Criminal Procedure, as added by
16-19 Chapter 668, Acts of the 75th Legislature, Regular Session, 1997,
16-20 only if the person:
16-21 (1) applies in person for the issuance of a
16-22 certificate under this section; and
16-23 (2) pays a fee of $5.
16-24 (b) A personal identification certificate issued under this
16-25 section, including a renewal, duplicate, or corrected certificate,
16-26 expires on the first birthday of the certificate holder occurring
16-27 after the date of application, except that the initial certificate
17-1 issued under this section expires on the second birthday of the
17-2 certificate holder occurring after the date of application.
17-3 SECTION 14. Subchapter M, Chapter 521, Transportation Code,
17-4 is amended by adding Section 521.272 to read as follows:
17-5 Sec. 521.272. RENEWAL OF LICENSE ISSUED TO CERTAIN SEX
17-6 OFFENDERS. (a) The department may issue an original or renewal
17-7 driver's license to a person whose driver's license or personal
17-8 identification certificate record indicates that the person is
17-9 subject to the registration requirements of Chapter 62, Code of
17-10 Criminal Procedure, as added by Chapter 668, Acts of the 75th
17-11 Legislature, Regular Session, 1997, only if the person:
17-12 (1) applies in person for the issuance of a license
17-13 under this section; and
17-14 (2) pays a fee of $5.
17-15 (b) Notwithstanding Section 521.143, a person is not
17-16 required to provide proof of financial responsibility to receive
17-17 the person's initial driver's license under this section.
17-18 (c) Notwithstanding Section 521.271, a driver's license
17-19 issued under this section, including a renewal, duplicate, or
17-20 corrected license, expires on the first birthday of the license
17-21 holder occurring after the date of application, except that the
17-22 initial license issued under this section expires on the second
17-23 birthday of the license holder occurring after the date of
17-24 application.
17-25 SECTION 15. Section 521.274(b), Transportation Code, is
17-26 amended to read as follows:
17-27 (b) A rule adopted under this subsection may not permit
18-1 renewal by mail of:
18-2 (1) a provisional license;
18-3 (2) an occupational license; or
18-4 (3) a driver's license if the license holder's:
18-5 (A) driving record as maintained by the
18-6 department shows that the holder, within the four years preceding
18-7 the date of the renewal application, has been convicted of:
18-8 (i) [(A)] a moving violation, as defined
18-9 by department rule, in this state; or
18-10 (ii) [(B)] an offense described by
18-11 Subchapter O; or
18-12 (B) driver's license record or personal
18-13 identification certificate record indicates that the holder is
18-14 subject to the registration requirements of Chapter 62, Code of
18-15 Criminal Procedure, as added by Chapter 668, Acts of the 75th
18-16 Legislature, Regular Session, 1997.
18-17 SECTION 16. Subchapter O, Chapter 521, Transportation Code,
18-18 is amended by adding Section 521.348 to read as follows:
18-19 Sec. 521.348. AUTOMATIC REVOCATION FOR CERTAIN SEX
18-20 OFFENDERS. (a) A driver's license is automatically revoked if the
18-21 holder of the license:
18-22 (1) is subject to the registration requirements of
18-23 Chapter 62, Code of Criminal Procedure, as added by Chapter 668,
18-24 Acts of the 75th Legislature, Regular Session, 1997; and
18-25 (2) fails to apply to the department for renewal of
18-26 the license as required by Article 62.065, Code of Criminal
18-27 Procedure.
19-1 (b) The department may issue a driver's license to a person
19-2 whose license is revoked under this section only if the person:
19-3 (1) applies for an original or renewal license under
19-4 Section 521.272; and
19-5 (2) is otherwise qualified for the license.
19-6 SECTION 17. Article 62.12(c), Code of Criminal Procedure, is
19-7 repealed.
19-8 SECTION 18. The changes in law made by this Act to Article
19-9 62.01(5) and Article 62.03(d), Code of Criminal Procedure, apply to
19-10 juvenile offenders adjudicated as having engaged in delinquent
19-11 conduct before, on, or after the effective date of this Act,
19-12 regardless of when the conduct occurred.
19-13 SECTION 19. The change in law made by this Act to Articles
19-14 62.06(a) and (b), Code of Criminal Procedure, relating to persons
19-15 required to report to local law enforcement not less than once in
19-16 each 90-day period, applies only to a defendant who, on or after
19-17 the effective date of this Act:
19-18 (1) is confined in a penal institution, as that term
19-19 is defined by Article 62.01(3), Code of Criminal Procedure; or
19-20 (2) is under the supervision and control of a juvenile
19-21 probation office or an agency or entity operating under contract
19-22 with a juvenile probation office, the Texas Youth Commission, a
19-23 community supervision and corrections department, or the pardons
19-24 and paroles division of the Texas Department of Criminal Justice.
19-25 SECTION 20. (a) To accomplish the change in law made by
19-26 this Act to Articles 62.06(a) and (b), Code of Criminal Procedure,
19-27 relating to persons required to report to local law enforcement
20-1 once in each year, the local law enforcement authority with whom a
20-2 person verifies registration by reporting to the authority not
20-3 earlier than the 30th day before and not later than the 30th day
20-4 after the anniversary of the date on which the person first
20-5 registered with the authority shall inform the person that the next
20-6 occasion and each succeeding occasion on which the person verifies
20-7 registration, the person must comply with Articles 62.06(a) and
20-8 (b), Code of Criminal Procedure, as amended by this Act.
20-9 (b) The change in law to which this section applies does not
20-10 affect the validity of any action taken by a person to verify
20-11 registration before the person is provided an opportunity to be
20-12 informed of the change in law made by this Act as required by this
20-13 section.
20-14 SECTION 21. The change in law made by this Act to Section
20-15 58.007, Family Code, applies only to records and files created or
20-16 maintained under Chapter 62, Code of Criminal Procedure, as added
20-17 by Chapter 668, Acts of the 75th Legislature, Regular Session,
20-18 1997, on or after September 1, 1995.
20-19 SECTION 22. (a) Sections 9-16 of this Act, adding Articles
20-20 42.016, 62.065, and 62.085, Code of Criminal Procedure, and
20-21 Sections 521.057, 521.101(h) and (i), 521.103, 521.272, and
20-22 521.348, Government Code, and amending Section 521.274(b),
20-23 Transportation Code, and that part of Section 2 amending Section
20-24 62.03(a), Code of Criminal Procedure, take effect September 1,
20-25 2000.
20-26 (b) The change in law made by this Act relating to requiring
20-27 the Texas Department of Public Safety to include in the driver's
21-1 license record or personal identification certificate record of
21-2 certain persons an indication that the person is subject to the sex
21-3 offender registration requirements of Chapter 62, Code of Criminal
21-4 Procedure, as added by Chapter 668, Acts of the 75th Legislature,
21-5 Regular Session, 1997, applies only to a person who, with respect
21-6 to an offense listed in Article 62.01(5), Code of Criminal
21-7 Procedure, on or after September 1, 2000:
21-8 (1) is confined in a penal institution, as that term
21-9 is defined by Article 62.01(3), Code of Criminal Procedure; or
21-10 (2) is under the supervision and control of a juvenile
21-11 probation office or an agency or entity operating under contract
21-12 with a juvenile probation office, the Texas Youth Commission, a
21-13 community supervision and corrections department, or the pardons
21-14 and paroles division of the Texas Department of Criminal Justice.
21-15 (c) A person who, on September 1, 2000, is not described by
21-16 Subsection (b)(1) or (2) of this section is covered by the law in
21-17 effect before September 1, 2000, and the former law is continued in
21-18 effect for that purpose.
21-19 SECTION 23. The Texas Department of Public Safety shall
21-20 implement the system described by Section 411.135, Government Code,
21-21 as amended by this Act, not later than January 1, 2000.
21-22 SECTION 24. Except as provided by Section 22 of this Act,
21-23 this Act takes effect September 1, 1999.
21-24 SECTION 25. The importance of this legislation and the
21-25 crowded condition of the calendars in both houses create an
21-26 emergency and an imperative public necessity that the
21-27 constitutional rule requiring bills to be read on three several
22-1 days in each house be suspended, and this rule is hereby suspended.