76R13005 PEP-D
By Allen, McClendon H.B. No. 2145
Substitute the following for H.B. No. 2145:
By Turner of Coleman C.S.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(d), (e), and (f), Code of Criminal
3-6 Procedure, are amended to read as follows:
3-7 (d) If a person who has a reportable conviction [for an
3-8 offense] described by Article 62.01(5)(I) or (K) [(J)] is placed
3-9 under the supervision of the pardons and paroles division of the
3-10 Texas Department of Criminal Justice or a community supervision and
3-11 corrections department under Article 42.11, the division or
3-12 community supervision and corrections department shall conduct the
3-13 prerelease notification and registration requirements specified in
3-14 this article on the date the person is placed under the supervision
3-15 of the division or community supervision and corrections
3-16 department. If a person who has a reportable adjudication of
3-17 delinquent conduct described by Article 62.01(5)(J) or (L) is, as
3-18 permitted by Section 60.002, Family Code, placed under the
3-19 supervision of the Texas Youth Commission, a public or private
3-20 vendor operating under contract with the Texas Youth Commission, or
3-21 a local juvenile probation department, the commission, vendor, or
3-22 probation department shall conduct the prerelease notification and
3-23 registration requirements specified in this article on the date the
3-24 person is placed under the supervision of the commission, vendor,
3-25 or probation department.
3-26 (e) Not later than the eighth day after receiving a
3-27 registration form under Subsection (b), (c), or (d), the local law
4-1 enforcement authority shall verify the age of the victim and the
4-2 basis on which the person is subject to registration under this
4-3 chapter. If the victim is a child younger than 17 years of age and
4-4 the basis on which the person is subject to registration is not an
4-5 adjudication of delinquent conduct and is not a conviction or a
4-6 deferred adjudication for an offense under Section 25.02, Penal
4-7 Code, the authority shall immediately publish notice in English and
4-8 Spanish in the newspaper of greatest paid circulation in the county
4-9 in which the person subject to registration intends to reside or,
4-10 if there is no newspaper of paid circulation in that county, in the
4-11 newspaper of greatest general circulation in the county. The
4-12 authority shall publish a duplicate notice in the newspaper, with
4-13 any necessary corrections, during the week immediately following
4-14 the week of initial publication. If the victim is a child younger
4-15 than 17 years of age, regardless of the basis on which the person
4-16 is subject to registration, the authority shall immediately provide
4-17 notice to the superintendent of the public school district and to
4-18 the administrator of any private primary or secondary school
4-19 located in the public school district in which the person subject
4-20 to registration intends to reside by mail to the office of the
4-21 superintendent or administrator, as appropriate. On receipt of a
4-22 notice under this subsection, the superintendent shall release the
4-23 information contained in the notice to appropriate school district
4-24 personnel, including peace officers and security personnel,
4-25 principals, nurses, and counselors.
4-26 (f) The local law enforcement authority shall include in the
4-27 notice by publication in a newspaper the following information
5-1 only:
5-2 (1) the person's full name, age, and gender;
5-3 (2) a brief description of the offense for which the
5-4 person is subject to registration; [and]
5-5 (3) the municipality, numeric street address or
5-6 physical address, if a numeric street address is not available
5-7 [name], and zip code number where the person intends to reside; and
5-8 (4) either a recent photograph of the person or the
5-9 Internet address of a website on which the person's photograph is
5-10 accessible free of charge.
5-11 SECTION 3. Articles 62.04(f) and (g), Code of Criminal
5-12 Procedure, are amended to read as follows:
5-13 (f) If the person moves to another municipality or county in
5-14 this state, the department shall inform the applicable local law
5-15 enforcement authority in the new area of the person's residence not
5-16 later than the third day after the date on which the department
5-17 receives information under Subsection (a). Not later than the
5-18 eighth day after the date on which the local law enforcement
5-19 authority is informed under Subsection (a) or under this
5-20 subsection, the authority shall verify the age of the victim and
5-21 the basis on which the person is subject to registration under this
5-22 chapter. If the victim is a child younger than 17 years of age and
5-23 the basis on which the person is subject to registration is not an
5-24 adjudication of delinquent conduct and is not a conviction or a
5-25 deferred adjudication for an offense under Section 25.02, Penal
5-26 Code, the authority shall immediately publish notice in English and
5-27 Spanish in the newspaper of greatest paid circulation in the county
6-1 in which the person subject to registration intends to reside or,
6-2 if there is no newspaper of paid circulation in that county, in the
6-3 newspaper of greatest general circulation in the county. The local
6-4 law enforcement authority shall publish a duplicate notice in the
6-5 newspaper, with any necessary corrections, during the week
6-6 immediately following the week of initial publication. If the
6-7 victim is a child younger than 17 years of age, regardless of the
6-8 basis on which the person is subject to registration, the authority
6-9 shall immediately provide notice to the superintendent of the
6-10 public school district and to the administrator of any private
6-11 primary or secondary school located in the public school district
6-12 in which the person subject to registration intends to reside by
6-13 mail to the office of the superintendent or administrator, as
6-14 appropriate. On receipt of a notice under this subsection, the
6-15 superintendent shall release the information contained in the
6-16 notice to appropriate school district personnel, including peace
6-17 officers and security personnel, principals, nurses, and
6-18 counselors.
6-19 (g) The local law enforcement authority shall include in the
6-20 notice by publication in a newspaper the following information
6-21 only:
6-22 (1) the person's full name, age, and gender;
6-23 (2) a brief description of the offense for which the
6-24 person is subject to registration; [and]
6-25 (3) the municipality, numeric street address or
6-26 physical address, if a numeric street address is not available
6-27 [name], and zip code number where the person intends to reside; and
7-1 (4) either a recent photograph of the person or the
7-2 Internet address of a website on which the person's photograph is
7-3 accessible free of charge.
7-4 SECTION 4. Articles 62.06(a) and (b), Code of Criminal
7-5 Procedure, are amended to read as follows:
7-6 (a) A person subject to registration under this chapter who
7-7 has for a sexually violent offense been convicted [on] two or more
7-8 times, [occasions been convicted of or] received an order of
7-9 deferred adjudication two or more times, or been convicted and
7-10 received an order of deferred adjudication [for a sexually violent
7-11 offense] shall report to the local law enforcement authority with
7-12 whom the person is required to register not less than once in each
7-13 90-day period following the date the person first registered under
7-14 this chapter to verify the information in the registration form
7-15 maintained by the authority for that person. A person subject to
7-16 registration under this chapter who is not subject to the 90-day
7-17 reporting requirement described by this subsection shall report to
7-18 the local law enforcement authority with whom the person is
7-19 required to register once each year not earlier than the 30th day
7-20 before and not later than the 30th day after the anniversary of the
7-21 person's date of birth [on which the person first registered under
7-22 this chapter] to verify the information in the registration form
7-23 maintained by the authority for that person.
7-24 (b) A local law enforcement authority with whom a person is
7-25 required to register under this chapter may direct the person to
7-26 report to the authority to verify the information in the
7-27 registration form maintained by the authority for that person. The
8-1 authority may direct the person to report under this subsection
8-2 once in each 90-day period following the date the person first
8-3 registered under this chapter, if the person is required to report
8-4 not less than once in each 90-day period under Subsection (a) [has
8-5 on two or more occasions been convicted of or received an order of
8-6 deferred adjudication for a sexually violent offense,] or[, if
8-7 not,] once in each year not earlier than the 30th day before and
8-8 not later than the 30th day after the anniversary of the person's
8-9 date of birth, if the person is required to report once each year
8-10 under Subsection (a) [on which the person first registered under
8-11 this chapter]. A local law enforcement authority may not direct a
8-12 person to report to the authority under this subsection if the
8-13 person is required to report under Subsection (a) and is in
8-14 compliance with the reporting requirements of that subsection.
8-15 SECTION 5. Article 62.08(b), Code of Criminal Procedure, is
8-16 amended to read as follows:
8-17 (b) The information contained in the database is public
8-18 information, with the exception of [the person's photograph or] any
8-19 information:
8-20 (1) regarding the person's social security number,
8-21 driver's license number, [numeric street address,] or telephone
8-22 number;
8-23 (2) that is required by the department under Article
8-24 62.02(b)(5); or
8-25 (3) that would identify the victim of the offense for
8-26 which the person is subject to registration.
8-27 SECTION 6. Section 58.007(a), Family Code, is amended to
9-1 read as follows:
9-2 (a) This section applies only to the inspection and
9-3 maintenance of a physical record or file concerning a child and
9-4 does not affect the collection, dissemination, or maintenance of
9-5 information as provided by Subchapter B. This section does not
9-6 apply to a record or file relating to a child that is:
9-7 (1) required or authorized to be maintained under the
9-8 laws regulating the operation of motor vehicles in this state;
9-9 (2) [or to a record or file relating to a child that
9-10 is] maintained by a municipal or justice court; or
9-11 (3) subject to disclosure under Chapter 62, Code of
9-12 Criminal Procedure, as added by Chapter 668, Acts of the 75th
9-13 Legislature, Regular Session, 1997.
9-14 SECTION 7. Section 411.135(a), Government Code, as added by
9-15 Chapter 747, Acts of the 75th Legislature, Regular Session, 1997,
9-16 is amended to read as follows:
9-17 (a) Any person is entitled to obtain from the department:
9-18 (1) any information described as public information
9-19 under Chapter 62, Code of Criminal Procedure, as added by Chapter
9-20 668, Acts of the 75th Legislature, Regular Session, 1997,
9-21 including, to the extent available, a recent photograph of each
9-22 person subject to registration under that chapter [Section 5,
9-23 Article 6252-13c.1, Revised Statutes]; and
9-24 (2) criminal history record information maintained by
9-25 the department that is a court record of a public judicial
9-26 proceeding and that relates to:
9-27 (A) the conviction of a person for any criminal
10-1 offense; or
10-2 (B) a grant of deferred adjudication to a person
10-3 charged with a felony offense.
10-4 SECTION 8. Section 11(a), Chapter 668, Acts of the 75th
10-5 Legislature, Regular Session, 1997, is amended to read as follows:
10-6 (a) The change in law made by this Act to Article 62.11,
10-7 Code of Criminal Procedure, as redesignated and amended by this Act
10-8 (formerly Subsection (a), Section 8, Article 6252-13c.1, Revised
10-9 Statutes), applies only to a defendant who, with respect to an
10-10 offense listed in Subdivision (5), Article 62.01, Code of Criminal
10-11 Procedure, as redesignated and amended by this Act (formerly
10-12 Subdivision (5), Section 1, Article 6252-13c.1, Revised Statutes),
10-13 on or after September 1, 1997 [the effective date of this Act]:
10-14 (1) is confined in a penal institution, as that term
10-15 is defined by Subdivision (3), Article 62.01, Code of Criminal
10-16 Procedure, as redesignated and amended by this Act (formerly
10-17 Subdivision (3), Section 1, Article 6252-13c.1, Revised Statutes);
10-18 or
10-19 (2) is under the supervision and control of a juvenile
10-20 probation office or an agency or entity operating under contract
10-21 with a juvenile probation office, the Texas Youth Commission, a
10-22 community supervision and corrections department, or the pardons
10-23 and paroles division of the Texas Department of Criminal Justice.
10-24 SECTION 9. Article 62.12(c), Code of Criminal Procedure, is
10-25 repealed.
10-26 SECTION 10. The changes in law made by this Act to Article
10-27 62.01(5) and Article 62.03(d), Code of Criminal Procedure, apply to
11-1 juvenile offenders adjudicated as having engaged in delinquent
11-2 conduct before, on, or after the effective date of this Act,
11-3 regardless of when the conduct occurred.
11-4 SECTION 11. The change in law made by this Act to Articles
11-5 62.06(a) and (b), Code of Criminal Procedure, relating to persons
11-6 required to report to local law enforcement not less than once in
11-7 each 90-day period, applies only to a defendant who, on or after
11-8 the effective date of this Act:
11-9 (1) is confined in a penal institution, as that term
11-10 is defined by Article 62.01(3), Code of Criminal Procedure; or
11-11 (2) is under the supervision and control of a juvenile
11-12 probation office or an agency or entity operating under contract
11-13 with a juvenile probation office, the Texas Youth Commission, a
11-14 community supervision and corrections department, or the pardons
11-15 and paroles division of the Texas Department of Criminal Justice.
11-16 SECTION 12. (a) To accomplish the change in law made by
11-17 this Act to Articles 62.06(a) and (b), Code of Criminal Procedure,
11-18 relating to persons required to report to local law enforcement
11-19 once in each year, the local law enforcement authority with whom a
11-20 person verifies registration by reporting to the authority not
11-21 earlier than the 30th day before and not later than the 30th day
11-22 after the anniversary of the date on which the person first
11-23 registered with the authority shall inform the person that the next
11-24 occasion and each succeeding occasion on which the person verifies
11-25 registration, the person must comply with Articles 62.06(a) and
11-26 (b), Code of Criminal Procedure, as amended by this Act.
11-27 (b) The change in law to which this section applies does not
12-1 affect the validity of any action taken by a person to verify
12-2 registration before the person is provided an opportunity to be
12-3 informed of the change in law made by this Act as required by this
12-4 section.
12-5 SECTION 13. The change in law made by this Act to Section
12-6 58.007, Family Code, applies only to records and files created or
12-7 maintained under Chapter 62, Code of Criminal Procedure, as added
12-8 by Chapter 668, Acts of the 75th Legislature, Regular Session,
12-9 1997, on or after September 1, 1995.
12-10 SECTION 14. This Act takes effect September 1, 1999.
12-11 SECTION 15. The importance of this legislation and the
12-12 crowded condition of the calendars in both houses create an
12-13 emergency and an imperative public necessity that the
12-14 constitutional rule requiring bills to be read on three several
12-15 days in each house be suspended, and this rule is hereby suspended.