1-1 AN ACT
1-2 relating to persons subject to sex offender registration
1-3 requirements, to the supervised release of those persons, and to
1-4 the consequences of engaging in certain conduct for which a person
1-5 is subject to sex offender registration; providing penalties.
1-6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-7 SECTION 1. Article 26.13, Code of Criminal Procedure, is
1-8 amended by amending Subsection (a) and by adding Subsection (h) to
1-9 read as follows:
1-10 (a) Prior to accepting a plea of guilty or a plea of nolo
1-11 contendere, the court shall admonish the defendant of:
1-12 (1) the range of the punishment attached to the
1-13 offense;
1-14 (2) the fact that the recommendation of the
1-15 prosecuting attorney as to punishment is not binding on the court.
1-16 Provided that the court shall inquire as to the existence of any
1-17 plea bargaining agreements between the state and the defendant and,
1-18 in the event that such an agreement exists, the court shall inform
1-19 the defendant whether it will follow or reject such agreement in
1-20 open court and before any finding on the plea. Should the court
1-21 reject any such agreement, the defendant shall be permitted to
1-22 withdraw his plea of guilty or nolo contendere;
1-23 (3) the fact that if the punishment assessed does not
1-24 exceed the punishment recommended by the prosecutor and agreed to
2-1 by the defendant and his attorney, the trial court must give its
2-2 permission to the defendant before he may prosecute an appeal on
2-3 any matter in the case except for those matters raised by written
2-4 motions filed prior to trial; [and]
2-5 (4) the fact that if the defendant is not a citizen of
2-6 the United States of America, a plea of guilty or nolo contendere
2-7 for the offense charged may result in deportation, the exclusion
2-8 from admission to this country, or the denial of naturalization
2-9 under federal law; and
2-10 (5) the fact that the defendant will be required to
2-11 meet the registration requirements of Chapter 62, if the defendant
2-12 is convicted of or placed on deferred adjudication for an offense
2-13 for which a person is subject to registration under that chapter.
2-14 (h) Before accepting a plea of guilty or nolo contendere
2-15 from a defendant described by Subsection (a)(5), the court shall
2-16 ascertain whether the attorney representing the defendant has
2-17 advised the defendant regarding registration requirements under
2-18 Chapter 62.
2-19 SECTION 2. Article 42.01, Code of Criminal Procedure, is
2-20 amended by adding Section 7 to read as follows:
2-21 Sec. 7. In addition to the information described by Section
2-22 1, the judgment should reflect affirmative findings entered
2-23 pursuant to Article 42.015.
2-24 SECTION 3. Chapter 42, Code of Criminal Procedure, is
2-25 amended by adding Article 42.015 to read as follows:
2-26 Art. 42.015. FINDING OF AGE OF VICTIM. In the trial of an
2-27 offense under Section 20.02, 20.03, or 20.04, Penal Code, or an
3-1 attempt, conspiracy, or solicitation to commit one of those
3-2 offenses, the judge shall make an affirmative finding of fact and
3-3 enter the affirmative finding in the judgment in the case if the
3-4 judge determines that the victim or intended victim was younger
3-5 than 17 years of age at the time of the offense.
3-6 SECTION 4. Section 5, Article 42.12, Code of Criminal
3-7 Procedure, is amended by adding Subsection (e) to read as follows:
3-8 (e) If a judge places on community supervision under this
3-9 section a defendant charged with an offense under Section 20.02,
3-10 20.03, or 20.04, Penal Code, or an attempt, conspiracy, or
3-11 solicitation to commit one of those offenses, the judge shall make
3-12 an affirmative finding of fact and file a statement of that
3-13 affirmative finding with the papers in the case if the judge
3-14 determines that the victim or intended victim was younger than 17
3-15 years of age at the time of the offense.
3-16 SECTION 5. (a) Section 5(c), Article 42.12, Code of
3-17 Criminal Procedure, is amended to read as follows:
3-18 (c) On expiration of a community supervision period imposed
3-19 under Subsection (a) of this section, if the judge has not
3-20 proceeded to adjudication of guilt, the judge shall dismiss the
3-21 proceedings against the defendant and discharge him. The judge may
3-22 dismiss the proceedings and discharge a defendant, other than a
3-23 defendant charged with an offense requiring the defendant to
3-24 register as a sex offender under Chapter 62, as added by Chapter
3-25 668, Acts of the 75th Legislature, Regular Session, 1997 [described
3-26 by Section 13B(b) of this article], prior to the expiration of the
3-27 term of community supervision if in the judge's opinion the best
4-1 interest of society and the defendant will be served. The judge
4-2 may not dismiss the proceedings and discharge a defendant charged
4-3 with an offense requiring the defendant to register under Chapter
4-4 62, as added by Chapter 668, Acts of the 75th Legislature, Regular
4-5 Session, 1997 [a felony described by Section 13B(b) of this article
4-6 only if in the judge's opinion the best interest of society and the
4-7 defendant will be served and the defendant has successfully
4-8 completed at least two-thirds of the period of community
4-9 supervision]. Except as provided by Section 12.42(g), Penal Code,
4-10 a dismissal and discharge under this section may not be deemed a
4-11 conviction for the purposes of disqualifications or disabilities
4-12 imposed by law for conviction of an offense. For any defendant who
4-13 receives a dismissal and discharge under this section:
4-14 (1) upon conviction of a subsequent offense, the fact
4-15 that the defendant had previously received community supervision
4-16 with a deferred adjudication of guilt shall be admissible before
4-17 the court or jury to be considered on the issue of penalty;
4-18 (2) if the defendant is an applicant for a license or
4-19 is a licensee under Chapter 42, Human Resources Code, the Texas
4-20 Department of Human Services may consider the fact that the
4-21 defendant previously has received community supervision with a
4-22 deferred adjudication of guilt under this section in issuing,
4-23 renewing, denying, or revoking a license under that chapter; and
4-24 (3) if the defendant is a person who has applied for
4-25 registration to provide mental health or medical services for the
4-26 rehabilitation of sex offenders, the Interagency Council on Sex
4-27 Offender Treatment may consider the fact that the defendant has
5-1 received community supervision under this section in issuing,
5-2 renewing, denying, or revoking a license or registration issued by
5-3 that council.
5-4 (b) Section 20(b), Article 42.12, Code of Criminal
5-5 Procedure, is amended to read as follows:
5-6 (b) This section does not apply to a defendant convicted of
5-7 an offense under Sections 49.04-49.08, Penal Code, a defendant
5-8 convicted of an offense for which on conviction registration as a
5-9 sex offender is required under Chapter 62, as added by Chapter 668,
5-10 Acts of the 75th Legislature, Regular Session, 1997, or a defendant
5-11 convicted of an offense punishable as a state jail felony.
5-12 (c) The change in law made by this section applies only to a
5-13 defendant who receives deferred adjudication for an offense or is
5-14 convicted of an offense on or after the effective date of this Act,
5-15 regardless of whether the offense for which the defendant receives
5-16 deferred adjudication or is convicted is committed before, on, or
5-17 after the effective date of this Act. A defendant receiving
5-18 deferred adjudication for or convicted of an offense before the
5-19 effective date of this Act is covered by the law in effect when the
5-20 defendant received deferred adjudication or was convicted, and the
5-21 former law is continued in effect for that purpose.
5-22 SECTION 6. (a) Section 11, Article 42.12, Code of Criminal
5-23 Procedure, is amended by adding Subsection (g) to read as follows:
5-24 (g) A judge who grants community supervision to a person may
5-25 require the person to make one payment in an amount not to exceed
5-26 $50 to a children's advocacy center established under Subchapter E,
5-27 Chapter 264, Family Code, if the person is charged with or
6-1 convicted of an offense under Section 21.11 or 22.011(a)(2), Penal
6-2 Code.
6-3 (b) The change in law made by this section applies only to a
6-4 person charged with or convicted of an offense committed on or
6-5 after the effective date of this Act. A person charged with or
6-6 convicted of an offense committed before the effective date of this
6-7 Act is covered by the law in effect when the offense was committed,
6-8 and the former law is continued in effect for that purpose. For
6-9 purposes of this subsection, an offense is committed before the
6-10 effective date of this Act if any element of the offense occurs
6-11 before the effective date.
6-12 SECTION 7. Article 62.01(3), Code of Criminal Procedure, is
6-13 amended to read as follows:
6-14 (3) "Penal institution" means a confinement facility
6-15 operated by or under a contract with any division of the Texas
6-16 Department of Criminal Justice, a confinement facility operated by
6-17 or under contract with the Texas Youth Commission, or a juvenile
6-18 secure pre-adjudication or post-adjudication facility operated by
6-19 or under a local juvenile probation department, or a county
6-20 jail.
6-21 SECTION 8. Article 62.01, Code of Criminal Procedure, is
6-22 amended by amending Subdivisions (5) and (6) and by adding
6-23 Subdivision (7) to read as follows:
6-24 (5) "Reportable conviction or adjudication" means a
6-25 conviction or adjudication, regardless of the pendency of an
6-26 appeal, that is:
6-27 (A) a conviction for a violation of Section
7-1 21.11 (Indecency with a child), 22.011 (Sexual assault), 22.021
7-2 (Aggravated sexual assault), or 25.02 (Prohibited sexual conduct),
7-3 Penal Code;
7-4 (B) a conviction for a violation of Section
7-5 43.05 (Compelling prostitution), 43.25 (Sexual performance by a
7-6 child), or 43.26 (Possession or promotion of child pornography),
7-7 Penal Code;
7-8 (C) a conviction for a violation of Section
7-9 20.04(a)(4) (Aggravated kidnapping), Penal Code, if the defendant
7-10 committed the offense with intent to violate or abuse the victim
7-11 sexually;
7-12 (D) a conviction for a violation of Section
7-13 30.02 (Burglary), Penal Code, if the offense is punishable under
7-14 Subsection (d) of that section and the defendant committed the
7-15 offense with intent to commit a felony listed in Paragraph (A) or
7-16 (C);
7-17 (E) a conviction for a violation of Section
7-18 20.02 (Unlawful restraint), 20.03 (Kidnapping), or 20.04
7-19 (Aggravated kidnapping), Penal Code, if the judgment in the case
7-20 contains an affirmative finding under Article 42.015;
7-21 (F) the second conviction for a violation of
7-22 Section 21.08 (Indecent exposure), Penal Code;
7-23 (G) [(F)] a conviction for an attempt,
7-24 conspiracy, or solicitation, as defined by Chapter 15, Penal Code,
7-25 to commit an offense listed in Paragraph (A), (B), (C), [or] (D),
7-26 or (E);
7-27 (H) [(G)] an adjudication of delinquent conduct:
8-1 (i) based on a violation of one of the
8-2 offenses listed in Paragraph (A), (B), (C), (D), or (G) or, if the
8-3 order in the hearing contains an affirmative finding that the
8-4 victim or intended victim was younger than 17 years of age, one of
8-5 the offenses listed in Paragraph (E); [(F)] or
8-6 (ii) for which two violations of the
8-7 offense listed in Paragraph (F) [(E)] are shown;
8-8 (I) [(H)] a deferred adjudication for an offense
8-9 listed in:
8-10 (i) Paragraph (A), (B), (C), (D), or (G)
8-11 [(F)]; or
8-12 (ii) Paragraph (E) if the papers in the
8-13 case contain an affirmative finding that the victim or intended
8-14 victim was younger than 17 years of age;
8-15 (J) [(I)] a conviction under the laws of another
8-16 state, federal law, or the Uniform Code of Military Justice for an
8-17 offense containing elements that are substantially similar to the
8-18 elements of an offense listed under Paragraph (A), (B), (C), (D),
8-19 (E), or (G) [(F)];
8-20 (K) an adjudication of delinquent conduct under
8-21 the laws of another state or federal law based on a violation of an
8-22 offense containing elements that are substantially similar to the
8-23 elements of an offense listed under Paragraph (A), (B), (C), (D),
8-24 (E), or (G);
8-25 (L) [or (J)] the second conviction under the
8-26 laws of another state, federal law, or the Uniform Code of Military
8-27 Justice for an offense containing elements that are substantially
9-1 similar to the elements of the offense of indecent exposure; or
9-2 (M) the second adjudication of delinquent
9-3 conduct under the laws of another state or federal law based on a
9-4 violation of an offense containing elements that are substantially
9-5 similar to the elements of the offense of indecent exposure.
9-6 (6) "Sexually violent offense" means any of the
9-7 following offenses committed by a person 17 years of age or older:
9-8 (A) an offense under Section 21.11(a)(1)
9-9 (Indecency with a child), 22.011 (Sexual assault), or 22.021
9-10 (Aggravated sexual assault), Penal Code;
9-11 (B) an offense under Section 43.25 (Sexual
9-12 performance by a child), Penal Code;
9-13 (C) an offense under Section 20.04(a)(4)
9-14 (Aggravated kidnapping), Penal Code, if the defendant committed the
9-15 offense with intent to violate or abuse the victim sexually;
9-16 (D) an offense under Section 30.02 (Burglary),
9-17 Penal Code, if the offense is punishable under Subsection (d) of
9-18 that section and the defendant committed the offense with intent to
9-19 commit a felony listed in Paragraph (A) or (C) of Subdivision (5);
9-20 or
9-21 (E) an offense under the laws of another state,
9-22 federal law, or the Uniform Code of Military Justice if the offense
9-23 contains elements that are substantially similar to the elements of
9-24 an offense listed under Paragraph (A), (B), (C), or (D).
9-25 (7) "Residence" includes a residence established in
9-26 this state by a person described by Article 62.061(e).
9-27 SECTION 9. Chapter 62, Code of Criminal Procedure, as added
10-1 by Chapter 668, Acts of the 75th Legislature, Regular Session,
10-2 1997, is amended by adding Article 62.011 to read as follows:
10-3 Art. 62.011. WORKERS OR STUDENTS. (a) A person is employed
10-4 or carries on a vocation for purposes of this chapter if the person
10-5 works on a full-time or part-time basis for a consecutive period
10-6 exceeding 14 days or for an aggregate period exceeding 30 days in a
10-7 calendar year, whether the person works for compensation or for
10-8 governmental or educational benefit.
10-9 (b) A person is a student for purposes of this chapter if
10-10 the person enrolls in any educational facility, including:
10-11 (1) a public or private primary or secondary school,
10-12 including a high school or alternative learning center; or
10-13 (2) a public or private institution of higher
10-14 education, including a college, university, community college, or
10-15 technical or trade institute.
10-16 SECTION 10. Article 62.02, Code of Criminal Procedure, is
10-17 amended by amending Subsection (a) and by adding Subsection (g) to
10-18 read as follows:
10-19 (a) A person who has a reportable conviction or adjudication
10-20 or who is required to register as a condition of parole, release to
10-21 mandatory supervision, or community supervision shall register or,
10-22 if the person is a person for whom registration is completed under
10-23 this chapter, verify registration as provided by Subsection (d),
10-24 with the local law enforcement authority in any municipality where
10-25 the person resides or intends to reside for more than seven days.
10-26 If the person does not reside or intend to reside in a
10-27 municipality, the person shall register or verify registration in
11-1 any county where the person resides or intends to reside for more
11-2 than seven days. The person shall satisfy the requirements of this
11-3 subsection not later than the seventh day after the person's
11-4 arrival in the municipality or county.
11-5 (g) If the other state has a registration requirement for
11-6 sex offenders, a person who has a reportable conviction or
11-7 adjudication, who resides in this state, and who is employed,
11-8 carries on a vocation, or is a student in another state shall, not
11-9 later than the 10th day after the date on which the person begins
11-10 to work or attend school in the other state, register with the law
11-11 enforcement authority that is identified by the department as the
11-12 authority designated by that state to receive registration
11-13 information.
11-14 SECTION 11. Chapter 62, Code of Criminal Procedure, as added
11-15 by Chapter 668, Acts of the 75th Legislature, Regular Session,
11-16 1997, is amended by adding Article 62.021 to read as follows:
11-17 Art. 62.021. OUT-OF-STATE REGISTRANTS. (a) This article
11-18 applies to a person who is required to register as a sex offender
11-19 under the laws of another state with which the department has
11-20 entered into a reciprocal registration agreement and who is not
11-21 otherwise required to register under this chapter because:
11-22 (1) the person does not have a reportable conviction
11-23 for an offense under the laws of the other state containing
11-24 elements that are substantially similar to an offense requiring
11-25 registration under this chapter; or
11-26 (2) the person does not have a reportable adjudication
11-27 of delinquent conduct based on a violation of an offense under the
12-1 laws of the other state containing elements that are substantially
12-2 similar to an offense requiring registration under this chapter.
12-3 (b) A person described by Subsection (a) is required to
12-4 comply with the annual verification requirements of Article 62.06
12-5 in the same manner as a person who is required to verify
12-6 registration on the basis of a reportable conviction or
12-7 adjudication.
12-8 (c) The expiration of the duty to register for a person
12-9 described by Subsection (a) expires on the date the person's duty
12-10 to register would expire in the other state had the person remained
12-11 in that state.
12-12 (d) The department may negotiate and enter into a reciprocal
12-13 registration agreement with any other state to prevent residents of
12-14 this state and residents of the other state from frustrating the
12-15 public purpose of the registration of sex offenders by moving from
12-16 one state to the other.
12-17 SECTION 12. Article 62.03, Code of Criminal Procedure, is
12-18 amended by amending Subsections (d), (e), and (f) and by adding
12-19 Subsection (h) to read as follows:
12-20 (d) If a person who has a reportable conviction [for an
12-21 offense] described by Article 62.01(5)(J) [62.01(5)(I)] or (L)
12-22 [(J)] is placed under the supervision of the pardons and paroles
12-23 division of the Texas Department of Criminal Justice or a community
12-24 supervision and corrections department under Article 42.11, the
12-25 division or community supervision and corrections department shall
12-26 conduct the prerelease notification and registration requirements
12-27 specified in this article on the date the person is placed under
13-1 the supervision of the division or community supervision and
13-2 corrections department. If a person who has a reportable
13-3 adjudication of delinquent conduct described by Article 62.01(5)(K)
13-4 or (M) is, as permitted by Section 60.002, Family Code, placed
13-5 under the supervision of the Texas Youth Commission, a public or
13-6 private vendor operating under contract with the Texas Youth
13-7 Commission, a local juvenile probation department, or a juvenile
13-8 secure pre-adjudication or post-adjudication facility, the
13-9 commission, vendor, probation department, or facility shall conduct
13-10 the prerelease notification and registration requirements specified
13-11 in this article on the date the person is placed under the
13-12 supervision of the commission, vendor, probation department, or
13-13 facility.
13-14 (e) Not later than the eighth day after receiving a
13-15 registration form under Subsection (b), (c), or (d), the local law
13-16 enforcement authority shall verify the age of the victim, the age
13-17 of the person subject to registration, and the basis on which the
13-18 person is subject to registration under this chapter. If the
13-19 victim is a child younger than 17 years of age and the basis on
13-20 which the person is subject to registration is not an adjudication
13-21 of delinquent conduct and is not a conviction or a deferred
13-22 adjudication for an offense under Section 25.02, Penal Code, the
13-23 authority shall immediately publish notice in English and Spanish
13-24 in the newspaper of greatest paid circulation in the county in
13-25 which the person subject to registration intends to reside or, if
13-26 there is no newspaper of paid circulation in that county, in the
13-27 newspaper of greatest general circulation in the county. The
14-1 authority shall publish a duplicate notice in the newspaper, with
14-2 any necessary corrections, during the week immediately following
14-3 the week of initial publication. If the victim is a child younger
14-4 than 17 years of age or the person subject to registration is 17
14-5 years of age or older and a student enrolled in a public or private
14-6 secondary school, regardless of the basis on which the person is
14-7 subject to registration, the authority shall immediately provide
14-8 notice to the superintendent of the public school district and to
14-9 the administrator of any private primary or secondary school
14-10 located in the public school district in which the person subject
14-11 to registration intends to reside by mail to the office of the
14-12 superintendent or administrator, as appropriate. On receipt of a
14-13 notice under this subsection, the superintendent shall release the
14-14 information contained in the notice to appropriate school district
14-15 personnel, including peace officers and security personnel,
14-16 principals, nurses, and counselors.
14-17 (f) The local law enforcement authority shall include in the
14-18 notice by publication in a newspaper the following information
14-19 only:
14-20 (1) the person's full name, age, and gender;
14-21 (2) a brief description of the offense for which the
14-22 person is subject to registration; [and]
14-23 (3) the municipality, numeric street address or
14-24 physical address, if a numeric street address is not available
14-25 [name], and zip code number where the person intends to reside; and
14-26 (4) either a recent photograph of the person or the
14-27 Internet address of a website on which the person's photograph is
15-1 accessible free of charge.
15-2 (h) Before a person who will be subject to registration
15-3 under this chapter is due to be released from a penal institution
15-4 in this state, an official of the penal institution shall inform
15-5 the person that:
15-6 (1) if the person intends to reside in another state
15-7 and to work or attend school in this state, the person must, not
15-8 later than the seventh day after the date on which the person
15-9 begins to work or attend school, register or verify registration
15-10 with the local law enforcement authority in the municipality or
15-11 county in which the person intends to work or attend school; and
15-12 (2) if the person intends to reside in this state and
15-13 to work or attend school in another state and if the other state
15-14 has a registration requirement for sex offenders, the person must,
15-15 not later than the 10th day after the date on which the person
15-16 begins to work or attend school in the other state, register with
15-17 the law enforcement authority that is identified by the department
15-18 as the authority designated by that state to receive registration
15-19 information.
15-20 SECTION 13. Articles 62.04(a), (f), and (g), Code of
15-21 Criminal Procedure, are amended to read as follows:
15-22 (a) If a person required to register intends to change
15-23 address, regardless of whether the person intends to move to
15-24 another state, the person shall, not later than the seventh day
15-25 before the intended change, report in person to the local law
15-26 enforcement authority with whom the person last registered and to
15-27 the juvenile probation officer, community supervision and
16-1 corrections department officer, or parole officer supervising the
16-2 person and provide the authority and the officer with the person's
16-3 anticipated move date and new address. If a person required to
16-4 register changes address, the person shall, not later than the
16-5 seventh day after changing the address, report in person to the
16-6 local law enforcement authority in the municipality or county in
16-7 which the person's new residence is located and provide the
16-8 authority with proof of identity and proof of residence.
16-9 (f) If the person moves to another municipality or county in
16-10 this state, the department shall inform the applicable local law
16-11 enforcement authority in the new area of the person's residence not
16-12 later than the third day after the date on which the department
16-13 receives information under Subsection (a). Not later than the
16-14 eighth day after the date on which the local law enforcement
16-15 authority is informed under Subsection (a) or under this
16-16 subsection, the authority shall verify the age of the victim, the
16-17 age of the person subject to registration, and the basis on which
16-18 the person is subject to registration under this chapter. If the
16-19 victim is a child younger than 17 years of age and the basis on
16-20 which the person is subject to registration is not an adjudication
16-21 of delinquent conduct and is not a conviction or a deferred
16-22 adjudication for an offense under Section 25.02, Penal Code, the
16-23 authority shall immediately publish notice in English and Spanish
16-24 in the newspaper of greatest paid circulation in the county in
16-25 which the person subject to registration intends to reside or, if
16-26 there is no newspaper of paid circulation in that county, in the
16-27 newspaper of greatest general circulation in the county. The local
17-1 law enforcement authority shall publish a duplicate notice in the
17-2 newspaper, with any necessary corrections, during the week
17-3 immediately following the week of initial publication. If the
17-4 victim is a child younger than 17 years of age or the person
17-5 subject to registration is 17 years of age or older and a student
17-6 enrolled in a public or private secondary school, regardless of the
17-7 basis on which the person is subject to registration, the authority
17-8 shall immediately provide notice to the superintendent of the
17-9 public school district and to the administrator of any private
17-10 primary or secondary school located in the public school district
17-11 in which the person subject to registration intends to reside by
17-12 mail to the office of the superintendent or administrator, as
17-13 appropriate. On receipt of a notice under this subsection, the
17-14 superintendent shall release the information contained in the
17-15 notice to appropriate school district personnel, including peace
17-16 officers and security personnel, principals, nurses, and
17-17 counselors.
17-18 (g) The local law enforcement authority shall include in the
17-19 notice by publication in a newspaper the following information
17-20 only:
17-21 (1) the person's full name, age, and gender;
17-22 (2) a brief description of the offense for which the
17-23 person is subject to registration; [and]
17-24 (3) the municipality, numeric street address or
17-25 physical address, if a numeric street address is not available
17-26 [name], and zip code number where the person intends to reside; and
17-27 (4) either a recent photograph of the person or the
18-1 Internet address of a website on which the person's photograph is
18-2 accessible free of charge.
18-3 SECTION 14. Article 62.05, Code of Criminal Procedure, is
18-4 amended to read as follows:
18-5 Art. 62.05. STATUS REPORT BY SUPERVISING OFFICER. (a) If
18-6 the juvenile probation officer, community supervision and
18-7 corrections department officer, or parole officer supervising a
18-8 person subject to registration under this chapter receives
18-9 information to the effect that the person's status has changed in
18-10 any manner that affects proper supervision of the person, including
18-11 a change in the person's physical health, job status,
18-12 incarceration, or terms of release, the supervising officer shall
18-13 promptly notify the appropriate local law enforcement authority or
18-14 authorities of that change. If the person required to register
18-15 intends to change address, the person's supervising officer shall
18-16 notify the local law enforcement authorities designated by Article
18-17 62.04(b).
18-18 (b) If a person required to register is not supervised by an
18-19 officer listed in Subsection (a), the person shall report to the
18-20 local law enforcement authority any change in the person's physical
18-21 health or job status not later than the seventh day after the date
18-22 of the change. For purposes of this subsection, a person's job
18-23 status changes if the person leaves employment for any reason,
18-24 remains employed by an employer but changes the location at which
18-25 the person works, or begins employment with a new employer. For
18-26 purposes of this subsection, a person's health status changes if
18-27 the person is hospitalized as a result of an illness.
19-1 SECTION 15. Articles 62.06(a) and (b), Code of Criminal
19-2 Procedure, are amended to read as follows:
19-3 (a) A person subject to registration under this chapter who
19-4 has for a sexually violent offense been convicted [on] two or more
19-5 times, [occasions been convicted of or] received an order of
19-6 deferred adjudication two or more times, or been convicted and
19-7 received an order of deferred adjudication [for a sexually violent
19-8 offense] shall report to the local law enforcement authority with
19-9 whom the person is required to register not less than once in each
19-10 90-day period following the date the person first registered under
19-11 this chapter to verify the information in the registration form
19-12 maintained by the authority for that person. A person subject to
19-13 registration under this chapter who is not subject to the 90-day
19-14 reporting requirement described by this subsection shall report to
19-15 the local law enforcement authority with whom the person is
19-16 required to register once each year not earlier than the 30th day
19-17 before and not later than the 30th day after the anniversary of the
19-18 person's date of birth [on which the person first registered under
19-19 this chapter] to verify the information in the registration form
19-20 maintained by the authority for that person. For purposes of this
19-21 subsection, a person complies with a requirement that the person
19-22 register within a 90-day period following a date if the person
19-23 registers at any time on or after the 83rd day following that date
19-24 but before the 98th day after that date.
19-25 (b) A local law enforcement authority with whom a person is
19-26 required to register under this chapter may direct the person to
19-27 report to the authority to verify the information in the
20-1 registration form maintained by the authority for that person. The
20-2 authority may direct the person to report under this subsection
20-3 once in each 90-day period following the date the person first
20-4 registered under this chapter, if the person is required to report
20-5 not less than once in each 90-day period under Subsection (a) [has
20-6 on two or more occasions been convicted of or received an order of
20-7 deferred adjudication for a sexually violent offense,] or[, if
20-8 not,] once in each year not earlier than the 30th day before and
20-9 not later than the 30th day after the anniversary of the person's
20-10 date of birth, if the person is required to report once each year
20-11 under Subsection (a) [on which the person first registered under
20-12 this chapter]. A local law enforcement authority may not direct a
20-13 person to report to the authority under this subsection if the
20-14 person is required to report under Subsection (a) and is in
20-15 compliance with the reporting requirements of that subsection.
20-16 SECTION 16. Chapter 62, Code of Criminal Procedure, as added
20-17 by Chapter 668, Acts of the 75th Legislature, Regular Session,
20-18 1997, is amended by adding Articles 62.061 and 62.062 to read as
20-19 follows:
20-20 Art. 62.061. REGISTRATION OF CERTAIN WORKERS OR STUDENTS.
20-21 (a) A person is subject to this article and, except as otherwise
20-22 provided by this article, to the other articles of this chapter if
20-23 the person:
20-24 (1) has a reportable conviction or adjudication;
20-25 (2) resides in another state; and
20-26 (3) is employed, carries on a vocation, or is a
20-27 student in this state.
21-1 (b) A person described by Subsection (a) is subject to the
21-2 registration and verification requirements of Articles 62.02 and
21-3 62.06 and to the change of address requirements of Article 62.04,
21-4 except that the registration and verification and the reporting of
21-5 a change of address are based on the municipality or county in
21-6 which the person works or attends school. The person is subject to
21-7 the school notification requirements of Articles 62.03 and 62.04,
21-8 except that notice provided to the superintendent and any
21-9 administrator is based on the public school district in which the
21-10 person works or attends school.
21-11 (c) A person described by Subsection (a) is not subject to
21-12 Article 62.12 and the newspaper publication requirements of
21-13 Articles 62.03 and 62.04.
21-14 (d) The duty to register for a person described by
21-15 Subsection (a) ends when the person no longer works or studies in
21-16 this state, provides notice of that fact to the local law
21-17 enforcement authority in the municipality or county in which the
21-18 person works or attends school, and receives notice of verification
21-19 of that fact from the authority. The authority must verify that
21-20 the person no longer works or studies in this state and must
21-21 provide to the person notice of that verification within a
21-22 reasonable time.
21-23 (e) Notwithstanding Subsection (a), this article does not
21-24 apply to a person who has a reportable conviction or adjudication,
21-25 who resides in another state, and who is employed, carries on a
21-26 vocation, or is a student in this state if the person establishes
21-27 another residence in this state to work or attend school in this
22-1 state. However, that person remains subject to the other articles
22-2 of this chapter based on that person's residence in this state.
22-3 Art. 62.062. REGISTRATION OF PERSONS REGULARLY VISITING
22-4 LOCATION. (a) A person subject to this chapter who on at least
22-5 three occasions during any month spends more than 48 consecutive
22-6 hours in a municipality or county in this state, other than the
22-7 municipality or county in which the person is registered under this
22-8 chapter, before the last day of that month shall report that fact
22-9 to:
22-10 (1) the local law enforcement authority of the
22-11 municipality in which the person is a visitor; or
22-12 (2) if the person is a visitor in a location that is
22-13 not a municipality, the local law enforcement authority of the
22-14 county in which the person is a visitor.
22-15 (b) A person described by Subsection (a) shall provide the
22-16 local law enforcement authority with:
22-17 (1) all information the person is required to provide
22-18 under Article 62.02(b);
22-19 (2) the address of any location in the municipality or
22-20 county, as appropriate, at which the person was lodged during the
22-21 month; and
22-22 (3) a statement as to whether the person intends to
22-23 return to the municipality or county during the succeeding month.
22-24 (c) This article does not impose on a local law enforcement
22-25 authority requirements of public notification or notification to
22-26 schools relating to a person about whom the authority is not
22-27 otherwise required by this chapter to make notifications.
23-1 SECTION 17. Article 62.08(b), Code of Criminal Procedure, is
23-2 amended to read as follows:
23-3 (b) The information contained in the database is public
23-4 information, with the exception of [the person's photograph or] any
23-5 information:
23-6 (1) regarding the person's social security number,
23-7 driver's license number, [numeric street address,] or telephone
23-8 number;
23-9 (2) that is required by the department under Article
23-10 62.02(b)(5); or
23-11 (3) that would identify the victim of the offense for
23-12 which the person is subject to registration.
23-13 SECTION 18. Articles 62.10(b) and (c), Code of Criminal
23-14 Procedure, are amended to read as follows:
23-15 (b) An offense under this article is:
23-16 (1) a state jail felony if the actor is a person whose
23-17 duty to register expires under Article 62.12(b);
23-18 (2) a felony of the third degree if the actor is a
23-19 person whose duty to register expires under Article 62.12(a) and
23-20 who is required to verify registration once each year under Article
23-21 62.06; and
23-22 (3) a felony of the second degree if the actor is a
23-23 person whose duty to register expires under Article 62.12(a) and
23-24 who is required to verify registration once each 90-day period
23-25 under Article 62.06.
23-26 (c) If it is shown at the trial of a person for an offense
23-27 under this article that the person has previously been convicted of
24-1 an offense under this article, the punishment for the offense is
24-2 increased to the punishment for the next highest degree of felony
24-3 [person shall be punished for a felony of the third degree].
24-4 SECTION 19. Section 54.04, Family Code, is amended by adding
24-5 Subsection (q) to read as follows:
24-6 (q) If the judge orders a disposition under this section and
24-7 there is an affirmative finding that the victim or intended victim
24-8 was younger than 17 years of age at the time of the conduct, the
24-9 judge shall enter the finding in the order.
24-10 SECTION 20. Section 58.007(a), Family Code, is amended to
24-11 read as follows:
24-12 (a) This section applies only to the inspection and
24-13 maintenance of a physical record or file concerning a child and
24-14 does not affect the collection, dissemination, or maintenance of
24-15 information as provided by Subchapter B. This section does not
24-16 apply to a record or file relating to a child that is:
24-17 (1) required or authorized to be maintained under the
24-18 laws regulating the operation of motor vehicles in this state;
24-19 (2) [or to a record or file relating to a child that
24-20 is] maintained by a municipal or justice court; or
24-21 (3) subject to disclosure under Chapter 62, Code of
24-22 Criminal Procedure, as added by Chapter 668, Acts of the 75th
24-23 Legislature, Regular Session, 1997.
24-24 SECTION 21. Section 411.135(a), Government Code, as added by
24-25 Chapter 747, Acts of the 75th Legislature, Regular Session, 1997,
24-26 is amended to read as follows:
24-27 (a) Any person is entitled to obtain from the department:
25-1 (1) any information described as public information
25-2 under Chapter 62, Code of Criminal Procedure, as added by Chapter
25-3 668, Acts of the 75th Legislature, Regular Session, 1997,
25-4 including, to the extent available, a recent photograph of each
25-5 person subject to registration under that chapter [Section 5,
25-6 Article 6252-13c.1, Revised Statutes]; and
25-7 (2) criminal history record information maintained by
25-8 the department [that is a court record of a public judicial
25-9 proceeding and] that relates to[:]
25-10 [(A)] the conviction of or a grant of deferred
25-11 adjudication to a person for any criminal offense, including arrest
25-12 information that relates to the conviction or grant of deferred
25-13 adjudication[; or]
25-14 [(B) a grant of deferred adjudication to a
25-15 person charged with a felony offense].
25-16 SECTION 22. (a) Section 15.031, Penal Code, is amended to
25-17 read as follows:
25-18 Sec. 15.031. CRIMINAL SOLICITATION OF A MINOR. (a) A
25-19 person commits an offense if, with intent that an offense listed by
25-20 Section 3g(a)(1), Article 42.12, Code of Criminal Procedure, be
25-21 committed, the person requests, commands, or attempts to induce a
25-22 minor to engage in specific conduct that, under the circumstances
25-23 surrounding the actor's conduct as the actor believes them to be,
25-24 would constitute an offense listed by Section 3g(a)(1), Article
25-25 42.12, or make the minor a party to the commission of an offense
25-26 listed by Section 3g(a)(1), Article 42.12.
25-27 (b) A person commits an offense if, with intent that an
26-1 offense under Section 21.11, 22.011, 22.021, or 43.25 be committed,
26-2 the person by any means requests, commands, or attempts to induce a
26-3 minor or another whom the person believes to be a minor to engage
26-4 in specific conduct that, under the circumstances surrounding the
26-5 actor's conduct as the actor believes them to be, would constitute
26-6 an offense under one of those sections or would make the minor or
26-7 other believed by the person to be a minor a party to the
26-8 commission of an offense under one of those sections.
26-9 (c) A person may not be convicted under this section on the
26-10 uncorroborated testimony of the minor allegedly solicited unless
26-11 the solicitation is made under circumstances strongly corroborative
26-12 of both the solicitation itself and the actor's intent that the
26-13 minor act on the solicitation.
26-14 (d) [(c)] It is no defense to prosecution under this section
26-15 that:
26-16 (1) the minor solicited is not criminally responsible
26-17 for the offense solicited;
26-18 (2) the minor solicited has been acquitted, has not
26-19 been prosecuted or convicted, has been convicted of a different
26-20 offense or of a different type or class of offense, or is immune
26-21 from prosecution;
26-22 (3) the actor belongs to a class of persons that by
26-23 definition of the offense solicited is legally incapable of
26-24 committing the offense in an individual capacity; or
26-25 (4) the offense solicited was actually committed.
26-26 (e) [(d)] An offense under this section is one category
26-27 lower than the solicited offense.
27-1 (f) [(e)] In this section, "minor" means an individual
27-2 younger than 17 years of age.
27-3 (b) Section 43.25(a)(2), Penal Code, is amended to read as
27-4 follows:
27-5 (2) "Sexual conduct" means actual or simulated sexual
27-6 intercourse, deviate sexual intercourse, sexual bestiality,
27-7 masturbation, sado-masochistic abuse, or lewd exhibition of the
27-8 genitals, the anus, or any portion of the female breast below the
27-9 top of the areola.
27-10 (c) Section 43.26(g), Penal Code, is amended to read as
27-11 follows:
27-12 (g) An offense under Subsection (e) is a felony of the
27-13 second [third] degree.
27-14 (d) The change in law made by this section applies only to
27-15 an offense committed on or after the effective date of this Act.
27-16 For purposes of this subsection, an offense is committed before the
27-17 effective date of this Act if any element of the offense occurs
27-18 before that date. An offense committed before the effective date
27-19 of this Act is covered by the law in effect when the offense was
27-20 committed, and the former law is continued in effect for that
27-21 purpose.
27-22 SECTION 23. Section 21.11(b), Penal Code, is amended to read
27-23 as follows:
27-24 (b) It is an affirmative defense to prosecution under this
27-25 section that the actor:
27-26 (1) was not more than three years older than the
27-27 victim and of the opposite sex; [and]
28-1 (2) did not use duress, force, or a threat against the
28-2 victim at the time of the offense; and
28-3 (3) at the time of the offense:
28-4 (A) was not required under Chapter 62, Code of
28-5 Criminal Procedure, as added by Chapter 668, Acts of the 75th
28-6 Legislature, Regular Session, 1997, to register for life as a sex
28-7 offender; or
28-8 (B) was not a person who under Chapter 62 had a
28-9 reportable conviction or adjudication for an offense under this
28-10 section.
28-11 SECTION 24. Section 22.011(e), Penal Code, is amended to
28-12 read as follows:
28-13 (e) It is an affirmative defense to prosecution under
28-14 Subsection (a)(2) that:
28-15 (1) the actor was not more than three years older than
28-16 the victim and at the time of the offense:
28-17 (A) was not required under Chapter 62, Code of
28-18 Criminal Procedure, as added by Chapter 668, Acts of the 75th
28-19 Legislature, Regular Session, 1997, to register for life as a sex
28-20 offender; or
28-21 (B) was not a person who under Chapter 62 had a
28-22 reportable conviction or adjudication for an offense under this
28-23 section; and
28-24 (2) [, and] the victim was a child of 14 years of age
28-25 or older.
28-26 SECTION 25. Article 62.12(c), Code of Criminal Procedure,
28-27 is repealed.
29-1 SECTION 26. Section 11(a), Chapter 668, Acts of the 75th
29-2 Legislature, Regular Session, 1997, is amended to read as follows:
29-3 (a) The change in law made by this Act to Article 62.11,
29-4 Code of Criminal Procedure, as redesignated and amended by this Act
29-5 (formerly Subsection (a), Section 8, Article 6252-13c.1, Revised
29-6 Statutes), applies only to a defendant who, with respect to an
29-7 offense listed in Subdivision (5), Article 62.01, Code of Criminal
29-8 Procedure, as redesignated and amended by this Act (formerly
29-9 Subdivision (5), Section 1, Article 6252-13c.1, Revised Statutes),
29-10 on or after September 1, 1997 [the effective date of this Act]:
29-11 (1) is confined in a penal institution, as that term
29-12 is defined by Subdivision (3), Article 62.01, Code of Criminal
29-13 Procedure, as redesignated and amended by this Act (formerly
29-14 Subdivision (3), Section 1, Article 6252-13c.1, Revised Statutes);
29-15 or
29-16 (2) is under the supervision and control of a juvenile
29-17 probation office or an agency or entity operating under contract
29-18 with a juvenile probation office, the Texas Youth Commission, a
29-19 community supervision and corrections department, or the pardons
29-20 and paroles division of the Texas Department of Criminal Justice.
29-21 SECTION 27. (a) The change in law made by this Act
29-22 requiring registration under Chapter 62, Code of Criminal
29-23 Procedure, as added by Chapter 668, Acts of the 75th Legislature,
29-24 Regular Session, 1997, and as amended by this Act, for individuals
29-25 charged with unlawful restraint, kidnapping, or aggravated
29-26 kidnapping, or attempt, solicitation, or conspiracy to commit one
29-27 of those offenses, applies only to an individual for whom deferred
30-1 adjudication in the case is entered or a trial or disposition
30-2 hearing for the offense or conduct is commenced on or after the
30-3 effective date of this Act, regardless of when the offense was
30-4 committed or the conduct occurred.
30-5 (b) An individual for whom a deferred adjudication is
30-6 entered or a trial or disposition hearing has commenced before the
30-7 effective date of this Act is covered by the law in effect when the
30-8 deferred adjudication was entered or when the trial or disposition
30-9 hearing commenced, and the former law is continued in effect for
30-10 that purpose.
30-11 SECTION 28. The changes in law made by this Act to Article
30-12 62.01(5) and Article 62.03(d), Code of Criminal Procedure, apply to
30-13 juvenile offenders adjudicated as having engaged in delinquent
30-14 conduct before, on, or after the effective date of this Act,
30-15 regardless of when the conduct occurred.
30-16 SECTION 29. The change in law made by this Act to Articles
30-17 62.06(a) and (b), Code of Criminal Procedure, relating to persons
30-18 required to report to local law enforcement not less than once in
30-19 each 90-day period, applies only to a defendant who, on or after
30-20 the effective date of this Act:
30-21 (1) is confined in a penal institution, as that term
30-22 is defined by Article 62.01(3), Code of Criminal Procedure; or
30-23 (2) is under the supervision and control of a juvenile
30-24 probation office or an agency or entity operating under contract
30-25 with a juvenile probation office, the Texas Youth Commission, a
30-26 community supervision and corrections department, or the pardons
30-27 and paroles division of the Texas Department of Criminal Justice.
31-1 SECTION 30. (a) To accomplish the change in law made by
31-2 this Act to Articles 62.06(a) and (b), Code of Criminal Procedure,
31-3 relating to persons required to report to local law enforcement
31-4 once in each year, the local law enforcement authority with whom a
31-5 person verifies registration by reporting to the authority not
31-6 earlier than the 30th day before and not later than the 30th day
31-7 after the anniversary of the date on which the person first
31-8 registered with the authority shall inform the person that on the
31-9 next occasion and each succeeding occasion on which the person
31-10 verifies registration the person must comply with Articles 62.06(a)
31-11 and (b), Code of Criminal Procedure, as amended by this Act.
31-12 (b) The change in law to which this section applies does not
31-13 affect the validity of any action taken by a person to verify
31-14 registration before the person is provided an opportunity to be
31-15 informed of the change in law made by this Act as required by this
31-16 section.
31-17 SECTION 31. The change in law made by this Act to Section
31-18 58.007, Family Code, applies only to records and files created or
31-19 maintained under Chapter 62, Code of Criminal Procedure, as added
31-20 by Chapter 668, Acts of the 75th Legislature, Regular Session,
31-21 1997, on or after September 1, 1995.
31-22 SECTION 32. The Texas Department of Public Safety shall
31-23 implement the system described by Section 411.135, Government Code,
31-24 as amended by this Act, not later than January 1, 2000.
31-25 SECTION 33. Except as otherwise provided, this Act takes
31-26 effect September 1, 1999.
31-27 SECTION 34. The importance of this legislation and the
32-1 crowded condition of the calendars in both houses create an
32-2 emergency and an imperative public necessity that the
32-3 constitutional rule requiring bills to be read on three several
32-4 days in each house be suspended, and this rule is hereby suspended.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 2145 was passed by the House on May
8, 1999, by a non-record vote; that the House refused to concur in
Senate amendments to H.B. No. 2145 on May 26, 1999, and requested
the appointment of a conference committee to consider the
differences between the two houses; and that the House adopted the
conference committee report on H.B. No. 2145 on May 29, 1999, by a
non-record vote.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 2145 was passed by the Senate, with
amendments, on May 21, 1999, by a viva-voce vote; at the request of
the House, the Senate appointed a conference committee to consider
the differences between the two houses; and that the Senate adopted
the conference committee report on H.B. No. 2145 on May 29, 1999,
by a viva-voce vote.
_______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor