1-1 By: Allen, McClendon (Senate Sponsor - Whitmire) H.B. No. 2145
1-2 (In the Senate - Received from the House May 10, 1999;
1-3 May 10, 1999, read first time and referred to Committee on Criminal
1-4 Justice; May 14, 1999, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 5, Nays 0; May 14, 1999,
1-6 sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR H.B. No. 2145 By: Whitmire
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to persons subject to sex offender registration
1-11 requirements, to the supervised release of those persons, and to
1-12 the consequences of engaging in certain conduct for which a person
1-13 is subject to sex offender registration; providing penalties.
1-14 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-15 SECTION 1. Article 42.01, Code of Criminal Procedure, is
1-16 amended by adding Section 7 to read as follows:
1-17 Sec. 7. In addition to the information described by Section
1-18 1, the judgment should reflect affirmative findings entered
1-19 pursuant to Article 42.015.
1-20 SECTION 2. Chapter 42, Code of Criminal Procedure, is
1-21 amended by adding Articles 42.015 and 42.016 to read as follows:
1-22 Art. 42.015. FINDING OF AGE OF VICTIM. In the trial of an
1-23 offense under Section 20.02, 20.03, or 20.04, Penal Code, or an
1-24 attempt, conspiracy, or solicitation to commit one of those
1-25 offenses, the judge shall make an affirmative finding of fact and
1-26 enter the affirmative finding in the judgment in the case if the
1-27 judge determines that the victim or intended victim was younger
1-28 than 17 years of age at the time of the offense.
1-29 Art. 42.016. SPECIAL DRIVER'S LICENSE OR IDENTIFICATION
1-30 REQUIREMENTS FOR CERTAIN SEX OFFENDERS. If a person is convicted
1-31 of, receives a grant of deferred adjudication for, or is
1-32 adjudicated as having engaged in delinquent conduct based on a
1-33 violation of an offense for which a conviction or adjudication
1-34 requires registration as a sex offender under Chapter 62, as added
1-35 by Chapter 668, Acts of the 75th Legislature, Regular Session,
1-36 1997, the court shall:
1-37 (1) issue an order requiring the Texas Department of
1-38 Public Safety to include in any driver's license record or personal
1-39 identification certificate record maintained by the department for
1-40 the person an indication that the person is subject to the
1-41 registration requirements of Chapter 62, as added by Chapter 668,
1-42 Acts of the 75th Legislature, Regular Session, 1997;
1-43 (2) require the person to apply to the Texas
1-44 Department of Public Safety in person for an original or renewal
1-45 driver's license or personal identification certificate not later
1-46 than the 30th day after the date the person is released or the date
1-47 the department sends written notice to the person of the
1-48 requirements of Article 62.065, as applicable, and to annually
1-49 renew the license or certificate;
1-50 (3) notify the person of the consequence of the
1-51 conviction or order of deferred adjudication as it relates to the
1-52 order issued under this article; and
1-53 (4) send to the Texas Department of Public Safety a
1-54 copy of the record of conviction, a copy of the order granting
1-55 deferred adjudication, or a copy of the juvenile adjudication, as
1-56 applicable, and a copy of the order issued under this article.
1-57 SECTION 3. Section 5, Article 42.12, Code of Criminal
1-58 Procedure, is amended by adding Subsection (e) to read as follows:
1-59 (e) If a judge places on community supervision under this
1-60 section a defendant charged with an offense under Section 20.02,
1-61 20.03, or 20.04, Penal Code, or an attempt, conspiracy, or
1-62 solicitation to commit one of those offenses, the judge shall make
1-63 an affirmative finding of fact and file a statement of that
1-64 affirmative finding with the papers in the case if the judge
2-1 determines that the victim or intended victim was younger than 17
2-2 years of age at the time of the offense.
2-3 SECTION 4. (a) Section 5(c), Article 42.12, Code of
2-4 Criminal Procedure, is amended to read as follows:
2-5 (c) On expiration of a community supervision period imposed
2-6 under Subsection (a) of this section, if the judge has not
2-7 proceeded to adjudication of guilt, the judge shall dismiss the
2-8 proceedings against the defendant and discharge him. The judge may
2-9 dismiss the proceedings and discharge a defendant, other than a
2-10 defendant charged with an offense requiring the defendant to
2-11 register as a sex offender under Chapter 62, as added by Chapter
2-12 668, Acts of the 75th Legislature, Regular Session, 1997 [described
2-13 by Section 13B(b) of this article], prior to the expiration of the
2-14 term of community supervision if in the judge's opinion the best
2-15 interest of society and the defendant will be served. The judge
2-16 may not dismiss the proceedings and discharge a defendant charged
2-17 with an offense requiring the defendant to register under Chapter
2-18 62, as added by Chapter 668, Acts of the 75th Legislature, Regular
2-19 Session, 1997 [a felony described by Section 13B(b) of this article
2-20 only if in the judge's opinion the best interest of society and the
2-21 defendant will be served and the defendant has successfully
2-22 completed at least two-thirds of the period of community
2-23 supervision]. Except as provided by Section 12.42(g), Penal Code,
2-24 a dismissal and discharge under this section may not be deemed a
2-25 conviction for the purposes of disqualifications or disabilities
2-26 imposed by law for conviction of an offense. For any defendant who
2-27 receives a dismissal and discharge under this section:
2-28 (1) upon conviction of a subsequent offense, the fact
2-29 that the defendant had previously received community supervision
2-30 with a deferred adjudication of guilt shall be admissible before
2-31 the court or jury to be considered on the issue of penalty;
2-32 (2) if the defendant is an applicant for a license or
2-33 is a licensee under Chapter 42, Human Resources Code, the Texas
2-34 Department of Human Services may consider the fact that the
2-35 defendant previously has received community supervision with a
2-36 deferred adjudication of guilt under this section in issuing,
2-37 renewing, denying, or revoking a license under that chapter; and
2-38 (3) if the defendant is a person who has applied for
2-39 registration to provide mental health or medical services for the
2-40 rehabilitation of sex offenders, the Interagency Council on Sex
2-41 Offender Treatment may consider the fact that the defendant has
2-42 received community supervision under this section in issuing,
2-43 renewing, denying, or revoking a license or registration issued by
2-44 that council.
2-45 (b) Section 20(b), Article 42.12, Code of Criminal
2-46 Procedure, is amended to read as follows:
2-47 (b) This section does not apply to a defendant convicted of
2-48 an offense under Sections 49.04-49.08, Penal Code, a defendant
2-49 convicted of an offense for which on conviction registration as a
2-50 sex offender is required under Chapter 62, as added by Chapter 668,
2-51 Acts of the 75th Legislature, Regular Session, 1997, or a defendant
2-52 convicted of an offense punishable as a state jail felony.
2-53 (c) The change in law made by this section applies only to a
2-54 defendant who receives deferred adjudication for an offense or is
2-55 convicted of an offense on or after the effective date of this Act,
2-56 regardless of whether the offense for which the defendant receives
2-57 deferred adjudication or is convicted is committed before, on, or
2-58 after the effective date of this Act. A defendant receiving
2-59 deferred adjudication for or convicted of an offense before the
2-60 effective date of this Act is covered by the law in effect when the
2-61 defendant received deferred adjudication or was convicted, and the
2-62 former law is continued in effect for that purpose.
2-63 SECTION 5. Article 62.01(3), Code of Criminal Procedure, is
2-64 amended to read as follows:
2-65 (3) "Penal institution" means a confinement facility
2-66 operated by or under a contract with any division of the Texas
2-67 Department of Criminal Justice, a confinement facility operated by
2-68 or under contract with the Texas Youth Commission, or a juvenile
2-69 secure pre-adjudication or post-adjudication facility operated by
3-1 or under a local juvenile probation department, or a county
3-2 jail.
3-3 SECTION 6. Article 62.01, Code of Criminal Procedure, is
3-4 amended by amending Subdivisions (5) and (6) and by adding
3-5 Subdivision (7) to read as follows:
3-6 (5) "Reportable conviction or adjudication" means a
3-7 conviction or adjudication, regardless of the pendency of an
3-8 appeal, that is:
3-9 (A) a conviction for a violation of Section
3-10 21.11 (Indecency with a child), 22.011 (Sexual assault), 22.021
3-11 (Aggravated sexual assault), or 25.02 (Prohibited sexual conduct),
3-12 Penal Code;
3-13 (B) a conviction for a violation of Section
3-14 43.05 (Compelling prostitution), 43.25 (Sexual performance by a
3-15 child), or 43.26 (Possession or promotion of child pornography),
3-16 Penal Code;
3-17 (C) a conviction for a violation of Section
3-18 20.04(a)(4) (Aggravated kidnapping), Penal Code, if the defendant
3-19 committed the offense with intent to violate or abuse the victim
3-20 sexually;
3-21 (D) a conviction for a violation of Section
3-22 30.02 (Burglary), Penal Code, if the offense is punishable under
3-23 Subsection (d) of that section and the defendant committed the
3-24 offense with intent to commit a felony listed in Paragraph (A) or
3-25 (C);
3-26 (E) a conviction for a violation of Section
3-27 20.02 (Unlawful restraint), 20.03 (Kidnapping), or 20.04
3-28 (Aggravated kidnapping), Penal Code, if the judgment in the case
3-29 contains an affirmative finding under Article 42.015;
3-30 (F) the second conviction for a violation of
3-31 Section 21.08 (Indecent exposure), Penal Code;
3-32 (G) [(F)] a conviction for an attempt,
3-33 conspiracy, or solicitation, as defined by Chapter 15, Penal Code,
3-34 to commit an offense listed in Paragraph (A), (B), (C), [or] (D),
3-35 or (E);
3-36 (H) [(G)] an adjudication of delinquent conduct:
3-37 (i) based on a violation of one of the
3-38 offenses listed in Paragraph (A), (B), (C), (D), or (G) or, if the
3-39 order in the hearing contains an affirmative finding that the
3-40 victim or intended victim was younger than 17 years of age, one of
3-41 the offenses listed in Paragraph (E); [(F)] or
3-42 (ii) for which two violations of the
3-43 offense listed in Paragraph (F) [(E)] are shown;
3-44 (I) [(H)] a deferred adjudication for an offense
3-45 listed in:
3-46 (i) Paragraph (A), (B), (C), (D), or (G)
3-47 [(F)]; or
3-48 (ii) Paragraph (E) if the papers in the
3-49 case contain an affirmative finding that the victim or intended
3-50 victim was younger than 17 years of age;
3-51 (J) [(I)] a conviction under the laws of another
3-52 state, federal law, or the Uniform Code of Military Justice for an
3-53 offense containing elements that are substantially similar to the
3-54 elements of an offense listed under Paragraph (A), (B), (C), (D),
3-55 (E), or (G) [(F)]; [or]
3-56 (K) an adjudication of delinquent conduct under
3-57 the laws of another state or federal law based on a violation of an
3-58 offense containing elements that are substantially similar to the
3-59 elements of an offense listed under Paragraph (A), (B), (C), (D),
3-60 (E), or (G);
3-61 (L) [(J)] the second conviction under the laws
3-62 of another state, federal law, or the Uniform Code of Military
3-63 Justice for an offense containing elements that are substantially
3-64 similar to the elements of the offense of indecent exposure; or
3-65 (M) the second adjudication of delinquent
3-66 conduct under the laws of another state or federal law based on a
3-67 violation of an offense containing elements that are substantially
3-68 similar to the elements of the offense of indecent exposure.
3-69 (6) "Sexually violent offense" means any of the
4-1 following offenses committed by a person 17 years of age or older:
4-2 (A) an offense under Section 21.11(a)(1)
4-3 (Indecency with a child), 22.011 (Sexual assault), or 22.021
4-4 (Aggravated sexual assault), Penal Code;
4-5 (B) an offense under Section 43.25 (Sexual
4-6 performance by a child), Penal Code;
4-7 (C) an offense under Section 20.04(a)(4)
4-8 (Aggravated kidnapping), Penal Code, if the defendant committed the
4-9 offense with intent to violate or abuse the victim sexually;
4-10 (D) an offense under Section 30.02 (Burglary),
4-11 Penal Code, if the offense is punishable under Subsection (d) of
4-12 that section and the defendant committed the offense with intent to
4-13 commit a felony listed in Paragraph (A) or (C) of Subdivision (5);
4-14 or
4-15 (E) an offense under the laws of another state,
4-16 federal law, or the Uniform Code of Military Justice if the offense
4-17 contains elements that are substantially similar to the elements of
4-18 an offense listed under Paragraph (A), (B), (C), or (D).
4-19 (7) "Residence" includes a residence established in
4-20 this state by a person described by Article 62.061(e).
4-21 SECTION 7. Chapter 62, Code of Criminal Procedure, as added
4-22 by Chapter 668, Acts of the 75th Legislature, Regular Session,
4-23 1997, is amended by adding Article 62.011 to read as follows:
4-24 Art. 62.011. WORKERS OR STUDENTS. (a) A person is employed
4-25 or carries on a vocation for purposes of this chapter if the person
4-26 works on a full-time or part-time basis for a consecutive period
4-27 exceeding 14 days or for an aggregate period exceeding 30 days in a
4-28 calendar year, whether the person works for compensation or for
4-29 governmental or educational benefit.
4-30 (b) A person is a student for purposes of this chapter if
4-31 the person enrolls in any educational facility, including:
4-32 (1) a public or private primary or secondary school,
4-33 including a high school or alternative learning center; or
4-34 (2) a public or private institution of higher
4-35 education, including a college, university, community college, or
4-36 technical or trade institute.
4-37 SECTION 8. Article 62.02, Code of Criminal Procedure, is
4-38 amended by amending Subsection (a) and by adding Subsection (g) to
4-39 read as follows:
4-40 (a) A person who has a reportable conviction or adjudication
4-41 or who is required to register as a condition of parole, release to
4-42 mandatory supervision, or community supervision shall register or,
4-43 if the person is a person for whom registration is completed under
4-44 this chapter, verify registration as provided by Subsection (d),
4-45 with the local law enforcement authority in any municipality where
4-46 the person resides or intends to reside for more than seven days.
4-47 If the person does not reside or intend to reside in a
4-48 municipality, the person shall register or verify registration in
4-49 any county where the person resides or intends to reside for more
4-50 than seven days. The person shall satisfy the requirements of this
4-51 subsection not later than the seventh day after the person's
4-52 arrival in the municipality or county.
4-53 (g) If the other state has a registration requirement for
4-54 sex offenders, a person who has a reportable conviction or
4-55 adjudication, who resides in this state, and who is employed,
4-56 carries on a vocation, or is a student in another state shall, not
4-57 later than the 10th day after the date on which the person begins
4-58 to work or attend school in the other state, register with the law
4-59 enforcement authority that is identified by the department as the
4-60 authority designated by that state to receive registration
4-61 information.
4-62 SECTION 9. Chapter 62, Code of Criminal Procedure, as added
4-63 by Chapter 668, Acts of the 75th Legislature, Regular Session,
4-64 1997, is amended by adding Article 62.021 to read as follows:
4-65 Art. 62.021. OUT-OF-STATE REGISTRANTS. (a) This article
4-66 applies to a person who is required to register as a sex offender
4-67 under the laws of another state with which the department has
4-68 entered into a reciprocal registration agreement and who is not
4-69 otherwise required to register under this chapter because:
5-1 (1) the person does not have a reportable conviction
5-2 for an offense under the laws of the other state containing
5-3 elements that are substantially similar to an offense requiring
5-4 registration under this chapter; or
5-5 (2) the person does not have a reportable adjudication
5-6 of delinquent conduct based on a violation of an offense under the
5-7 laws of the other state containing elements that are substantially
5-8 similar to an offense requiring registration under this chapter.
5-9 (b) A person described by Subsection (a) is required to
5-10 comply with the annual verification requirements of Article 62.06
5-11 in the same manner as a person who is required to verify
5-12 registration on the basis of a reportable conviction or
5-13 adjudication.
5-14 (c) The expiration of the duty to register for a person
5-15 described by Subsection (a) expires on the date the person's duty
5-16 to register would expire in the other state had the person remained
5-17 in that state.
5-18 (d) The department may negotiate and enter into a reciprocal
5-19 registration agreement with any other state to prevent residents of
5-20 this state and residents of the other state from frustrating the
5-21 public purpose of the registration of sex offenders by moving from
5-22 one state to the other.
5-23 SECTION 10. Article 62.03, Code of Criminal Procedure, is
5-24 amended by amending Subsections (a), (b), (c), (d), (e), and (f)
5-25 and by adding Subsection (h) to read as follows:
5-26 (a) Before a person who will be subject to registration
5-27 under this chapter is due to be released from a penal institution,
5-28 the risk assessment review committee established under Article
5-29 62.035 shall determine the person's level of risk to the community
5-30 using the sex offender screening tool developed or selected under
5-31 that article, assign to the person a numeric risk level of one or
5-32 two, and immediately send a written notice of the risk level to the
5-33 penal institution from which the person is due to be released. On
5-34 receiving notice under this subsection, an official of the penal
5-35 institution shall:
5-36 (1) inform the person that:
5-37 (A) not later than the seventh day after the
5-38 date on which the person is released or the date on which the
5-39 person moves from a previous residence to a new residence in this
5-40 state, the person must:
5-41 (i) register or verify registration with
5-42 the local law enforcement authority in the municipality or county
5-43 in which the person intends to reside; or
5-44 (ii) if the person has not moved to an
5-45 intended residence, report to the juvenile probation officer,
5-46 community supervision and corrections department officer, or parole
5-47 officer supervising the person;
5-48 (B) not later than the seventh day before the
5-49 date on which the person moves to a new residence in this state or
5-50 another state, the person must report in person to the local law
5-51 enforcement authority with whom the person last registered and to
5-52 the juvenile probation officer, community supervision and
5-53 corrections department officer, or parole officer supervising the
5-54 person; [and]
5-55 (C) not later than the 10th day after the date
5-56 on which the person arrives in another state in which the person
5-57 intends to reside, the person must register with the law
5-58 enforcement agency that is identified by the department as the
5-59 agency designated by that state to receive registration
5-60 information, if the other state has a registration requirement for
5-61 sex offenders; and
5-62 (D) not later than the 30th day after the date
5-63 on which the person is released, the person must apply to the
5-64 department in person for the issuance of an original or renewal
5-65 driver's license or personal identification certificate, and a
5-66 failure to apply to the department as required by this paragraph
5-67 results in the automatic revocation of any driver's license or
5-68 personal identification certificate issued by the department to the
5-69 person;
6-1 (2) require the person to sign a written statement
6-2 that the person was informed of the person's duties as described by
6-3 Subdivision (1) or, if the person refuses to sign the statement,
6-4 certify that the person was so informed;
6-5 (3) obtain the address where the person expects to
6-6 reside on the person's release and other registration information,
6-7 including a photograph and complete set of fingerprints; and
6-8 (4) complete the registration form for the person.
6-9 (b) On the seventh day before the date on which a person who
6-10 will be subject to registration under this chapter is due to be
6-11 released from a penal institution, or on receipt of notice by a
6-12 penal institution that a person who will be subject to registration
6-13 under this chapter is due to be released in less than seven days,
6-14 an official of the penal institution shall send the person's
6-15 completed registration form and numeric risk level to the
6-16 department and to:
6-17 (1) the applicable local law enforcement authority in
6-18 the municipality or county in which the person expects to reside,
6-19 if the person expects to reside in this state; or
6-20 (2) the law enforcement agency that is identified by
6-21 the department as the agency designated by another state to receive
6-22 registration information, if the person expects to reside in that
6-23 other state and that other state has a registration requirement for
6-24 sex offenders.
6-25 (c) If a person who is subject to registration under this
6-26 chapter receives an order deferring adjudication, placing the
6-27 person on juvenile probation or community supervision, or imposing
6-28 only a fine, the court pronouncing the order or sentence shall make
6-29 a determination of the person's numeric risk level using the sex
6-30 offender screening tool developed or selected under Article 62.035,
6-31 assign to the person a numeric risk level of one or two, and ensure
6-32 that the prerelease notification and registration requirements
6-33 specified in this article are conducted on the day of entering the
6-34 order or sentencing. If a community supervision and corrections
6-35 department representative is available in court at the time a court
6-36 pronounces a sentence of deferred adjudication or community
6-37 supervision, the representative shall immediately obtain the
6-38 person's numeric risk level from the court and conduct the
6-39 prerelease notification and registration requirements specified in
6-40 this article. In any other case in which the court pronounces a
6-41 sentence under this subsection, the court shall designate another
6-42 appropriate individual to obtain the person's numeric risk level
6-43 from the court and conduct the prerelease notification and
6-44 registration requirements specified in this article.
6-45 (d) If a person who has a reportable conviction [for an
6-46 offense] described by Article 62.01(5)(J) [62.01(5)(I)] or (L)
6-47 [(J)] is placed under the supervision of the pardons and paroles
6-48 division of the Texas Department of Criminal Justice or a community
6-49 supervision and corrections department under Article 42.11, the
6-50 division or community supervision and corrections department shall
6-51 conduct the prerelease notification and registration requirements
6-52 specified in this article on the date the person is placed under
6-53 the supervision of the division or community supervision and
6-54 corrections department. If a person who has a reportable
6-55 adjudication of delinquent conduct described by Article 62.01(5)(K)
6-56 or (M) is, as permitted by Section 60.002, Family Code, placed
6-57 under the supervision of the Texas Youth Commission, a public or
6-58 private vendor operating under contract with the Texas Youth
6-59 Commission, a local juvenile probation department, or a juvenile
6-60 secure pre-adjudication or post-adjudication facility, the
6-61 commission, vendor, probation department, or facility shall conduct
6-62 the prerelease notification and registration requirements specified
6-63 in this article on the date the person is placed under the
6-64 supervision of the commission, vendor, probation department, or
6-65 facility.
6-66 (e) Not later than the eighth day after receiving a
6-67 registration form under Subsection (b), (c), or (d), the local law
6-68 enforcement authority shall verify the age of the victim, the age
6-69 of the person subject to registration, [and] the basis on which the
7-1 person is subject to registration under this chapter, and the
7-2 person's numeric risk level. If the victim is a child younger than
7-3 17 years of age and the basis on which the person is subject to
7-4 registration is not an adjudication of delinquent conduct and is
7-5 not a conviction or a deferred adjudication for an offense under
7-6 Section 25.02, Penal Code, the authority shall immediately publish
7-7 notice in English and Spanish in the newspaper of greatest paid
7-8 circulation in the county in which the person subject to
7-9 registration intends to reside or, if there is no newspaper of paid
7-10 circulation in that county, in the newspaper of greatest general
7-11 circulation in the county. The authority shall publish a duplicate
7-12 notice in the newspaper, with any necessary corrections, during the
7-13 week immediately following the week of initial publication. If the
7-14 victim is a child younger than 17 years of age or the person
7-15 subject to registration is 17 years of age or older and a student
7-16 enrolled in a public or private secondary school, regardless of the
7-17 basis on which the person is subject to registration, the authority
7-18 shall immediately provide notice to the superintendent of the
7-19 public school district and to the administrator of any private
7-20 primary or secondary school located in the public school district
7-21 in which the person subject to registration intends to reside by
7-22 mail to the office of the superintendent or administrator, as
7-23 appropriate. On receipt of a notice under this subsection, the
7-24 superintendent shall release the information contained in the
7-25 notice to appropriate school district personnel, including peace
7-26 officers and security personnel, principals, nurses, and
7-27 counselors.
7-28 (f) The local law enforcement authority shall include in the
7-29 notice by publication in a newspaper the following information
7-30 only:
7-31 (1) the person's full name, age, and gender;
7-32 (2) a brief description of the offense for which the
7-33 person is subject to registration; [and]
7-34 (3) the municipality, numeric street address or
7-35 physical address, if a numeric street address is not available
7-36 [name], and zip code number where the person intends to reside;
7-37 (4) the person's numeric risk level assigned under
7-38 this chapter and the guidelines used to determine a person's risk
7-39 level generally; and
7-40 (5) either a recent photograph of the person or the
7-41 Internet address of a website on which the person's photograph is
7-42 accessible free of charge.
7-43 (h) Before a person who will be subject to registration
7-44 under this chapter is due to be released from a penal institution
7-45 in this state, an official of the penal institution shall inform
7-46 the person that:
7-47 (1) if the person intends to reside in another state
7-48 and to work or attend school in this state, the person must, not
7-49 later than the seventh day after the date on which the person
7-50 begins to work or attend school, register or verify registration
7-51 with the local law enforcement authority in the municipality or
7-52 county in which the person intends to work or attend school; and
7-53 (2) if the person intends to reside in this state and
7-54 to work or attend school in another state and if the other state
7-55 has a registration requirement for sex offenders, the person must,
7-56 not later than the 10th day after the date on which the person
7-57 begins to work or attend school in the other state, register with
7-58 the law enforcement authority that is identified by the department
7-59 as the authority designated by that state to receive registration
7-60 information.
7-61 SECTION 11. Chapter 62, Code of Criminal Procedure, as added
7-62 by Chapter 668, Acts of the 75th Legislature, Regular Session,
7-63 1997, is amended by adding Article 62.035 to read as follows:
7-64 Art. 62.035. RISK ASSESSMENT REVIEW COMMITTEE; SEX OFFENDER
7-65 SCREENING TOOL. (a) The Texas Department of Criminal Justice
7-66 shall establish a risk assessment review committee composed of at
7-67 least five members, each of whom is a state employee whose service
7-68 on the review committee is in addition to the employee's regular
7-69 duties. The review committee, to the extent feasible, should
8-1 include at least:
8-2 (1) one member having experience in law enforcement;
8-3 (2) one member having experience working with juvenile
8-4 sex offenders;
8-5 (3) one member having experience as a sex offender
8-6 treatment provider; and
8-7 (4) one member having experience working with victims
8-8 of sex offenses.
8-9 (b) The risk assessment review committee shall develop or
8-10 select from among existing tools a sex offender screening tool to
8-11 be used in determining the level of risk of a person subject to
8-12 registration under this chapter. The sex offender screening tool
8-13 must use an objective point system under which a person is assigned
8-14 a designated number of points for each of various factors, such as
8-15 the nature of the offense for which the person is subject to
8-16 registration, the age of the victim, and the number of occasions on
8-17 which the person has been convicted of or adjudicated for an
8-18 offense for which a person is subject to registration under this
8-19 chapter. In developing or selecting the sex offender screening
8-20 tool, the risk assessment review committee shall use or shall
8-21 select a screening tool that may be adapted to use the following
8-22 general guidelines:
8-23 (1) level one:
8-24 (A) a designated number of points or higher on
8-25 the sex offender screening tool; and
8-26 (B) a basis for concern that the person poses a
8-27 serious danger to the community or will continue to engage in
8-28 criminal sexual conduct;
8-29 (2) level two, either, but not both, of the following:
8-30 (A) a designated number of points or higher on
8-31 the sex offender screening tool; or
8-32 (B) a basis for concern that the person poses a
8-33 serious danger to the community or will continue to engage in
8-34 criminal sexual conduct; and
8-35 (3) level three: no basis for concern that the person
8-36 poses a serious danger to the community or will continue to engage
8-37 in criminal sexual conduct.
8-38 (c) The risk assessment review committee may assign to a
8-39 person a numeric risk level of three only on receipt of notice
8-40 under Article 62.04 that the person intends to move to a new
8-41 residence in this state and only if:
8-42 (1) the person was originally assigned a numeric risk
8-43 level of two under Article 62.03;
8-44 (2) the committee considers any information available
8-45 to the committee that was used by the committee or by the court at
8-46 the time of assigning to the person a numeric risk level of two;
8-47 and
8-48 (3) the basis on which the person is subject to
8-49 registration is a conviction of or a grant of deferred adjudication
8-50 for an offense under Section 21.11 or 22.011(a)(2), Penal Code, or
8-51 an adjudication of delinquent conduct based on a violation of one
8-52 of those offenses, committed against a victim who is of the
8-53 opposite sex of the person and is not more than five years younger
8-54 than the person.
8-55 SECTION 12. Articles 62.04(a), (d), (f), and (g), Code of
8-56 Criminal Procedure, are amended to read as follows:
8-57 (a) If a person required to register intends to change
8-58 address, regardless of whether the person intends to move to
8-59 another state, the person shall, not later than the seventh day
8-60 before the intended change, report in person to the local law
8-61 enforcement authority with whom the person last registered and to
8-62 the juvenile probation officer, community supervision and
8-63 corrections department officer, or parole officer supervising the
8-64 person and provide the authority and the officer with the person's
8-65 anticipated move date and new address. If a person required to
8-66 register changes address, the person shall, not later than the
8-67 seventh day after changing the address, report in person to the
8-68 local law enforcement authority in the municipality or county in
8-69 which the person's new residence is located and provide the
9-1 authority with proof of identity and proof of residence.
9-2 (d) Not later than the third day after receipt of
9-3 information under Subsection (a) or (b), whichever is earlier, the
9-4 local law enforcement authority shall forward this information to
9-5 the department and, if the person intends to move to another
9-6 municipality or county in this state, to the applicable local law
9-7 enforcement authority in that municipality or county and, if the
9-8 person meets the criteria described by Article 62.035(c)(3) to be
9-9 reassigned a numeric risk level of three, to the risk assessment
9-10 review committee established under that article. On receipt of
9-11 information under this subsection, the risk assessment review
9-12 committee shall determine whether the person meets the criteria to
9-13 be reassigned a numeric risk level of three, assign to the person a
9-14 numeric risk level of three, if the person meets that criteria, and
9-15 immediately send a written notice of the person's risk level to the
9-16 department and to the local law enforcement authority in the
9-17 municipality or county where the person intends to reside.
9-18 (f) If the person moves to another municipality or county in
9-19 this state, the department shall inform the applicable local law
9-20 enforcement authority in the new area of the person's residence not
9-21 later than the third day after the date on which the department
9-22 receives information under Subsection (a). Not later than the
9-23 eighth day after the date on which the local law enforcement
9-24 authority is informed under Subsection (a) or under this
9-25 subsection, the authority shall verify the age of the victim, the
9-26 age of the person subject to registration, [and] the basis on which
9-27 the person is subject to registration under this chapter, and the
9-28 person's numeric risk level. If the victim is a child younger than
9-29 17 years of age and the basis on which the person is subject to
9-30 registration is not an adjudication of delinquent conduct and is
9-31 not a conviction or a deferred adjudication for an offense under
9-32 Section 25.02, Penal Code, and the person is not assigned a numeric
9-33 risk level of three, the authority shall immediately publish notice
9-34 in English and Spanish in the newspaper of greatest paid
9-35 circulation in the county in which the person subject to
9-36 registration intends to reside or, if there is no newspaper of paid
9-37 circulation in that county, in the newspaper of greatest general
9-38 circulation in the county. The local law enforcement authority
9-39 shall publish a duplicate notice in the newspaper, with any
9-40 necessary corrections, during the week immediately following the
9-41 week of initial publication. If the victim is a child younger than
9-42 17 years of age or the person subject to registration is 17 years
9-43 of age or older and a student enrolled in a public or private
9-44 secondary school, regardless of the basis on which the person is
9-45 subject to registration or the person's numeric risk level, the
9-46 authority shall immediately provide notice to the superintendent of
9-47 the public school district and to the administrator of any private
9-48 primary or secondary school located in the public school district
9-49 in which the person subject to registration intends to reside by
9-50 mail to the office of the superintendent or administrator, as
9-51 appropriate. On receipt of a notice under this subsection, the
9-52 superintendent shall release the information contained in the
9-53 notice to appropriate school district personnel, including peace
9-54 officers and security personnel, principals, nurses, and
9-55 counselors.
9-56 (g) The local law enforcement authority shall include in the
9-57 notice by publication in a newspaper the following information
9-58 only:
9-59 (1) the person's full name, age, and gender;
9-60 (2) a brief description of the offense for which the
9-61 person is subject to registration; [and]
9-62 (3) the municipality, numeric street address or
9-63 physical address, if a numeric street address is not available
9-64 [name], and zip code number where the person intends to reside;
9-65 (4) the person's numeric risk level assigned under
9-66 this chapter and the guidelines used to determine a person's risk
9-67 level generally; and
9-68 (5) either a recent photograph of the person or the
9-69 Internet address of a website on which the person's photograph is
10-1 accessible free of charge.
10-2 SECTION 13. Chapter 62, Code of Criminal Procedure, as added
10-3 by Chapter 668, Acts of the 75th Legislature, Regular Session,
10-4 1997, is amended by adding Article 62.045 to read as follows:
10-5 Art. 62.045. ADDITIONAL PUBLIC NOTICE FOR CERTAIN OFFENDERS.
10-6 (a) On receipt of notice under this chapter that a person subject
10-7 to registration is due to be released from a penal institution, has
10-8 been placed on community supervision or juvenile probation, or
10-9 intends to move to a new residence in this state, the department
10-10 shall verify the person's numeric risk level assigned under this
10-11 chapter. If the person is assigned a numeric risk level of one,
10-12 the department shall, not later than the seventh day after the date
10-13 on which the person is released or the 10th day after the date on
10-14 which the person moves, provide written notice mailed or delivered
10-15 to at least each residential address within a one-mile radius, in
10-16 an area that has not been subdivided, or a three-block area, in an
10-17 area that has been subdivided, of the place where the person
10-18 intends to reside.
10-19 (b) The department shall include in the notice any
10-20 information that is public information under this chapter. The
10-21 department may not include any information that is not public
10-22 information under this chapter.
10-23 (c) The department shall establish procedures for a person
10-24 with respect to whom notice is provided under Subsection (a), other
10-25 than a person subject to registration on the basis of an
10-26 adjudication of delinquent conduct, to pay to the department all
10-27 costs incurred by the department in providing the notice. The
10-28 person shall pay those costs in accordance with the procedures
10-29 established under this subsection.
10-30 (d) On receipt of notice under this chapter that a person
10-31 subject to registration under this chapter is required to register
10-32 or verify registration with a local law enforcement authority and
10-33 has been assigned a numeric risk level of one, the local law
10-34 enforcement authority may provide notice to the public in any
10-35 manner determined appropriate by the local law enforcement
10-36 authority, including holding a neighborhood meeting, posting
10-37 notices in the area where the person intends to reside,
10-38 distributing printed notices to area residents, or establishing a
10-39 specialized local website. The local law enforcement authority may
10-40 include in the notice any information that is public information
10-41 under this chapter.
10-42 SECTION 14. Article 62.05, Code of Criminal Procedure, is
10-43 amended to read as follows:
10-44 Art. 62.05. STATUS REPORT BY SUPERVISING OFFICER. (a) If
10-45 the juvenile probation officer, community supervision and
10-46 corrections department officer, or parole officer supervising a
10-47 person subject to registration under this chapter receives
10-48 information to the effect that the person's status has changed in
10-49 any manner that affects proper supervision of the person, including
10-50 a change in the person's physical health, job status,
10-51 incarceration, or terms of release, the supervising officer shall
10-52 promptly notify the appropriate local law enforcement authority or
10-53 authorities of that change. If the person required to register
10-54 intends to change address, the person's supervising officer shall
10-55 notify the local law enforcement authorities designated by Article
10-56 62.04(b).
10-57 (b) If a person required to register is not supervised by an
10-58 officer listed in Subsection (a), the person shall report to the
10-59 local law enforcement authority any change in the person's physical
10-60 health or job status not later than the seventh day after the date
10-61 of the change. For purposes of this subsection, a person's job
10-62 status changes if the person leaves employment for any reason,
10-63 remains employed by an employer but changes the location at which
10-64 the person works, or begins employment with a new employer. For
10-65 purposes of this subsection, a person's health status changes if
10-66 the person is hospitalized as a result of an illness.
10-67 SECTION 15. Articles 62.06(a) and (b), Code of Criminal
10-68 Procedure, are amended to read as follows:
10-69 (a) A person subject to registration under this chapter who
11-1 has for a sexually violent offense been convicted [on] two or more
11-2 times, [occasions been convicted of or] received an order of
11-3 deferred adjudication two or more times, or been convicted and
11-4 received an order of deferred adjudication [for a sexually violent
11-5 offense] shall report to the local law enforcement authority with
11-6 whom the person is required to register not less than once in each
11-7 90-day period following the date the person first registered under
11-8 this chapter to verify the information in the registration form
11-9 maintained by the authority for that person. A person subject to
11-10 registration under this chapter who is not subject to the 90-day
11-11 reporting requirement described by this subsection shall report to
11-12 the local law enforcement authority with whom the person is
11-13 required to register once each year not earlier than the 30th day
11-14 before and not later than the 30th day after the anniversary of the
11-15 person's date of birth [on which the person first registered under
11-16 this chapter] to verify the information in the registration form
11-17 maintained by the authority for that person. For purposes of this
11-18 subsection, a person complies with a requirement that the person
11-19 register within a 90-day period following a date if the person
11-20 registers at any time on or after the 83rd day following that date
11-21 but before the 98th day after that date.
11-22 (b) A local law enforcement authority with whom a person is
11-23 required to register under this chapter may direct the person to
11-24 report to the authority to verify the information in the
11-25 registration form maintained by the authority for that person. The
11-26 authority may direct the person to report under this subsection
11-27 once in each 90-day period following the date the person first
11-28 registered under this chapter, if the person is required to report
11-29 not less than once in each 90-day period under Subsection (a) [has
11-30 on two or more occasions been convicted of or received an order of
11-31 deferred adjudication for a sexually violent offense,] or[, if
11-32 not,] once in each year not earlier than the 30th day before and
11-33 not later than the 30th day after the anniversary of the person's
11-34 date of birth, if the person is required to report once each year
11-35 under Subsection (a) [on which the person first registered under
11-36 this chapter]. A local law enforcement authority may not direct a
11-37 person to report to the authority under this subsection if the
11-38 person is required to report under Subsection (a) and is in
11-39 compliance with the reporting requirements of that subsection.
11-40 SECTION 16. Chapter 62, Code of Criminal Procedure, as added
11-41 by Chapter 668, Acts of the 75th Legislature, Regular Session,
11-42 1997, is amended by adding Articles 62.061, 62.062, 62.063, and
11-43 62.065 to read as follows:
11-44 Art. 62.061. REGISTRATION OF CERTAIN WORKERS OR STUDENTS.
11-45 (a) A person is subject to this article and, except as otherwise
11-46 provided by this article, to the other articles of this chapter if
11-47 the person:
11-48 (1) has a reportable conviction or adjudication;
11-49 (2) resides in another state; and
11-50 (3) is employed, carries on a vocation, or is a
11-51 student in this state.
11-52 (b) A person described by Subsection (a) is subject to the
11-53 registration and verification requirements of Articles 62.02 and
11-54 62.06 and to the change of address requirements of Article 62.04,
11-55 except that the registration and verification and the reporting of
11-56 a change of address are based on the municipality or county in
11-57 which the person works or attends school. The person is subject to
11-58 the school notification requirements of Articles 62.03 and 62.04,
11-59 except that notice provided to the superintendent and any
11-60 administrator is based on the public school district in which the
11-61 person works or attends school.
11-62 (c) A person described by Subsection (a) is not subject to
11-63 Article 62.12 and the newspaper publication requirements of
11-64 Articles 62.03 and 62.04.
11-65 (d) The duty to register for a person described by
11-66 Subsection (a) ends when the person no longer works or studies in
11-67 this state, provides notice of that fact to the local law
11-68 enforcement authority in the municipality or county in which the
11-69 person works or attends school, and receives notice of verification
12-1 of that fact from the authority. The authority must verify that
12-2 the person no longer works or studies in this state and must
12-3 provide to the person notice of that verification within a
12-4 reasonable time.
12-5 (e) Notwithstanding Subsection (a), this article does not
12-6 apply to a person who has a reportable conviction or adjudication,
12-7 who resides in another state, and who is employed, carries on a
12-8 vocation, or is a student in this state if the person establishes
12-9 another residence in this state to work or attend school in this
12-10 state. However, that person remains subject to the other articles
12-11 of this chapter based on that person's residence in this state.
12-12 Art. 62.062. REGISTRATION OF PERSONS REGULARLY VISITING
12-13 LOCATION. (a) A person subject to this chapter who on at least
12-14 three occasions during any month spends more than 48 consecutive
12-15 hours in a municipality or county in this state, other than the
12-16 municipality or county in which the person is registered under this
12-17 chapter, before the last day of that month shall report that fact
12-18 to:
12-19 (1) the local law enforcement authority of the
12-20 municipality in which the person is a visitor; or
12-21 (2) if the person is a visitor in a location that is
12-22 not a municipality, the local law enforcement authority of the
12-23 county in which the person is a visitor.
12-24 (b) A person described by Subsection (a) shall provide the
12-25 local law enforcement authority with:
12-26 (1) all information the person is required to provide
12-27 under Article 62.02(b);
12-28 (2) the address of any location in the municipality or
12-29 county, as appropriate, at which the person was lodged during the
12-30 month; and
12-31 (3) a statement as to whether the person intends to
12-32 return to the municipality or county during the succeeding month.
12-33 (c) This article does not impose on a local law enforcement
12-34 authority requirements of public notification or notification to
12-35 schools relating to a person about whom the authority is not
12-36 otherwise required by this chapter to make notifications.
12-37 Art. 62.063. VERIFICATION OF INDIVIDUALS SUBJECT TO
12-38 COMMITMENT. (a) Notwithstanding Article 62.06, if an individual
12-39 subject to registration under this chapter is civilly committed as
12-40 a sexually violent predator, the person shall report to the local
12-41 law enforcement authority with whom the person is required to
12-42 register not less than once in each 30-day period following the
12-43 date the person first registered under this chapter to verify the
12-44 information in the registration form maintained by the authority
12-45 for that person. For purposes of this subsection, a person
12-46 complies with a requirement that the person register within a
12-47 30-day period following a date if the person registers at any time
12-48 on or after the 27th day following that date but before the 33rd
12-49 day after that date.
12-50 (b) On the date that a court releases a person described by
12-51 Subsection (a) from all requirements of the civil commitment
12-52 process:
12-53 (1) the person's duty to verify registration as a sex
12-54 offender is no longer imposed by this article; and
12-55 (2) the person is required to verify registration as
12-56 provided by Article 62.06.
12-57 Art. 62.065. REQUIREMENTS RELATING TO DRIVER'S LICENSE OR
12-58 PERSONAL IDENTIFICATION CERTIFICATE. (a) A person subject to
12-59 registration under this chapter shall apply to the department in
12-60 person for the issuance of an original or renewal driver's license
12-61 under Section 521.272, Transportation Code, or for a personal
12-62 identification certificate under Section 521.103, Transportation
12-63 Code, not later than the 30th day after the date:
12-64 (1) the person is released from a penal institution or
12-65 is released by a court on juvenile probation or community
12-66 supervision; or
12-67 (2) the department sends written notice to the person
12-68 of the requirements of this article.
12-69 (b) The person shall annually renew in person each driver's
13-1 license or personal identification certificate issued by the
13-2 department to the person, including each renewal, duplicate, or
13-3 corrected license or certificate, until the person's duty to
13-4 register under this chapter expires.
13-5 (c) The department shall determine from its records which
13-6 persons required to register under this chapter are under the
13-7 supervision and control of a juvenile probation office or an agency
13-8 or entity operating under contract with a juvenile probation
13-9 office, a community supervision and corrections department, or the
13-10 pardons and paroles division of the Texas Department of Criminal
13-11 Justice and shall provide written notice of the requirements of
13-12 this article to each of those persons not later than October 30,
13-13 2000. This subsection expires January 1, 2001.
13-14 SECTION 17. Article 62.08(b), Code of Criminal Procedure, is
13-15 amended to read as follows:
13-16 (b) The information contained in the database is public
13-17 information, with the exception of [the person's photograph or] any
13-18 information:
13-19 (1) regarding the person's social security number,
13-20 driver's license number, [numeric street address,] or telephone
13-21 number;
13-22 (2) that is required by the department under Article
13-23 62.02(b)(5); or
13-24 (3) that would identify the victim of the offense for
13-25 which the person is subject to registration.
13-26 SECTION 18. Chapter 62, Code of Criminal Procedure, as added
13-27 by Chapter 668, Acts of the 75th Legislature, Regular Session,
13-28 1997, is amended by adding Article 62.085 to read as follows:
13-29 Art. 62.085. INFORMATION PROVIDED TO PEACE OFFICER. The
13-30 department shall establish a procedure by which a peace officer or
13-31 employee of a law enforcement agency who provides the department
13-32 with a driver's license, personal identification certificate, or
13-33 license plate number is automatically provided information as to
13-34 whether the person to whom the driver's license or personal
13-35 identification certificate is issued is required to register under
13-36 this chapter or whether the license plate number is entered in the
13-37 computerized central database under Article 62.08 as assigned to a
13-38 vehicle owned or driven by a person required to register under this
13-39 chapter.
13-40 SECTION 19. Articles 62.10(b) and (c), Code of Criminal
13-41 Procedure, are amended to read as follows:
13-42 (b) An offense under this article is:
13-43 (1) a state jail felony if the actor is a person whose
13-44 duty to register expires under Article 62.12(b);
13-45 (2) a felony of the third degree if the actor is a
13-46 person whose duty to register expires under Article 62.12(a) and
13-47 who is required to verify registration once each year under Article
13-48 62.06; and
13-49 (3) a felony of the second degree if the actor is a
13-50 person whose duty to register expires under Article 62.12(a) and
13-51 who is required to verify registration once each 90-day period
13-52 under Article 62.06.
13-53 (c) If it is shown at the trial of a person for an offense
13-54 under this article that the person has previously been convicted of
13-55 an offense under this article, the punishment for the offense is
13-56 increased to the punishment for the next highest degree of felony
13-57 [person shall be punished for a felony of the third degree].
13-58 SECTION 20. Chapter 62, Code of Criminal Procedure, as added
13-59 by Chapter 668, Acts of the 75th Legislature, Regular Session,
13-60 1997, is amended by adding Article 62.101 to read as follows:
13-61 Art. 62.101. FAILURE TO COMPLY: INDIVIDUALS SUBJECT TO
13-62 COMMITMENT. (a) A person commits an offense if the person, after
13-63 commitment as a sexually violent predator but before the person is
13-64 released from all requirements of the civil commitment process,
13-65 fails to comply with any requirement of this chapter.
13-66 (b) An offense under this section is a felony of the second
13-67 degree.
13-68 SECTION 21. Section 54.04, Family Code, is amended by adding
13-69 Subsection (q) to read as follows:
14-1 (q) If the judge orders a disposition under this section and
14-2 there is an affirmative finding that the victim or intended victim
14-3 was younger than 17 years of age at the time of the conduct, the
14-4 judge shall enter the finding in the order.
14-5 SECTION 22. Section 58.007(a), Family Code, is amended to
14-6 read as follows:
14-7 (a) This section applies only to the inspection and
14-8 maintenance of a physical record or file concerning a child and
14-9 does not affect the collection, dissemination, or maintenance of
14-10 information as provided by Subchapter B. This section does not
14-11 apply to a record or file relating to a child that is:
14-12 (1) required or authorized to be maintained under the
14-13 laws regulating the operation of motor vehicles in this state;
14-14 (2) [or to a record or file relating to a child that
14-15 is] maintained by a municipal or justice court; or
14-16 (3) subject to disclosure under Chapter 62, Code of
14-17 Criminal Procedure, as added by Chapter 668, Acts of the 75th
14-18 Legislature, Regular Session, 1997.
14-19 SECTION 23. Section 411.135(a), Government Code, as added by
14-20 Chapter 747, Acts of the 75th Legislature, Regular Session, 1997,
14-21 is amended to read as follows:
14-22 (a) Any person is entitled to obtain from the department:
14-23 (1) any information described as public information
14-24 under Chapter 62, Code of Criminal Procedure, as added by Chapter
14-25 668, Acts of the 75th Legislature, Regular Session, 1997,
14-26 including, to the extent available, a recent photograph of each
14-27 person subject to registration under that chapter [Section 5,
14-28 Article 6252-13c.1, Revised Statutes]; and
14-29 (2) criminal history record information maintained by
14-30 the department [that is a court record of a public judicial
14-31 proceeding and] that relates to[:]
14-32 [(A)] the conviction of or a grant of deferred
14-33 adjudication to a person for any criminal offense, including arrest
14-34 information that relates to the conviction or grant of deferred
14-35 adjudication[; or]
14-36 [(B) a grant of deferred adjudication to a
14-37 person charged with a felony offense].
14-38 SECTION 24. (a) Section 15.031, Penal Code, is amended to
14-39 read as follows:
14-40 Sec. 15.031. CRIMINAL SOLICITATION OF A MINOR. (a) A
14-41 person commits an offense if, with intent that an offense listed by
14-42 Section 3g(a)(1), Article 42.12, Code of Criminal Procedure, be
14-43 committed, the person requests, commands, or attempts to induce a
14-44 minor to engage in specific conduct that, under the circumstances
14-45 surrounding the actor's conduct as the actor believes them to be,
14-46 would constitute an offense listed by Section 3g(a)(1), Article
14-47 42.12, or make the minor a party to the commission of an offense
14-48 listed by Section 3g(a)(1), Article 42.12.
14-49 (b) A person commits an offense if, with intent that an
14-50 offense under Section 21.11, 22.011, 22.021, or 43.25 be committed,
14-51 the person by any means requests, commands, or attempts to induce a
14-52 minor or another whom the person believes to be a minor to engage
14-53 in specific conduct that, under the circumstances surrounding the
14-54 actor's conduct as the actor believes them to be, would constitute
14-55 an offense under one of those sections or would make the minor or
14-56 other believed by the person to be a minor a party to the
14-57 commission of an offense under one of those sections.
14-58 (c) A person may not be convicted under this section on the
14-59 uncorroborated testimony of the minor allegedly solicited unless
14-60 the solicitation is made under circumstances strongly corroborative
14-61 of both the solicitation itself and the actor's intent that the
14-62 minor act on the solicitation.
14-63 (d) [(c)] It is no defense to prosecution under this section
14-64 that:
14-65 (1) the minor solicited is not criminally responsible
14-66 for the offense solicited;
14-67 (2) the minor solicited has been acquitted, has not
14-68 been prosecuted or convicted, has been convicted of a different
14-69 offense or of a different type or class of offense, or is immune
15-1 from prosecution;
15-2 (3) the actor belongs to a class of persons that by
15-3 definition of the offense solicited is legally incapable of
15-4 committing the offense in an individual capacity; or
15-5 (4) the offense solicited was actually committed.
15-6 (e) [(d)] An offense under this section is one category
15-7 lower than the solicited offense.
15-8 (f) [(e)] In this section, "minor" means an individual
15-9 younger than 17 years of age.
15-10 (b) Section 43.25(a)(2), Penal Code, is amended to read as
15-11 follows:
15-12 (2) "Sexual conduct" means actual or simulated sexual
15-13 intercourse, deviate sexual intercourse, sexual bestiality,
15-14 masturbation, sado-masochistic abuse, or lewd exhibition of the
15-15 genitals, the anus, or any portion of the female breast below the
15-16 top of the areola.
15-17 (c) Section 43.26(g), Penal Code, is amended to read as
15-18 follows:
15-19 (g) An offense under Subsection (e) is a felony of the
15-20 second [third] degree.
15-21 (d) The change in law made by this section applies only to
15-22 an offense committed on or after the effective date of this Act.
15-23 For purposes of this subsection, an offense is committed before the
15-24 effective date of this Act if any element of the offense occurs
15-25 before that date. An offense committed before the effective date
15-26 of this Act is covered by the law in effect when the offense was
15-27 committed, and the former law is continued in effect for that
15-28 purpose.
15-29 SECTION 25. Section 21.11(b), Penal Code, is amended to read
15-30 as follows:
15-31 (b) It is an affirmative defense to prosecution under this
15-32 section that the actor:
15-33 (1) was not more than three years older than the
15-34 victim and of the opposite sex; [and]
15-35 (2) did not use duress, force, or a threat against the
15-36 victim at the time of the offense; and
15-37 (3) at the time of the offense was not:
15-38 (A) required under Chapter 62, Code of Criminal
15-39 Procedure, as added by Chapter 668, Acts of the 75th Legislature,
15-40 Regular Session, 1997, to register for life as a sex offender; or
15-41 (B) a person who under Chapter 62 had a
15-42 reportable conviction or adjudication for an offense under this
15-43 section.
15-44 SECTION 26. Section 22.011(e), Penal Code, is amended to
15-45 read as follows:
15-46 (e) It is an affirmative defense to prosecution under
15-47 Subsection (a)(2) that:
15-48 (1) the actor was not more than three years older than
15-49 the victim and at the time of the offense was not:
15-50 (A) required under Chapter 62, Code of
15-51 Criminal Procedure, as added by Chapter 668, Acts of the 75th
15-52 Legislature, Regular Session, 1997, to register for life as a sex
15-53 offender; or
15-54 (B) a person who under Chapter 62 had a
15-55 reportable conviction or adjudication for an offense under this
15-56 section; and
15-57 (2) [, and] the victim was a child of 14 years of age
15-58 or older.
15-59 SECTION 27. Subchapter C, Chapter 521, Transportation Code,
15-60 is amended by adding Section 521.057 to read as follows:
15-61 Sec. 521.057. INFORMATION REGARDING CERTAIN SEX OFFENDERS.
15-62 (a) On receipt of a court order issued under Article 42.016, Code
15-63 of Criminal Procedure, the department shall ensure that any
15-64 driver's license record or personal identification certificate
15-65 record maintained by the department for the person includes an
15-66 indication that the person is subject to the registration
15-67 requirements of Chapter 62, Code of Criminal Procedure, as added by
15-68 Chapter 668, Acts of the 75th Legislature, Regular Session, 1997.
15-69 (b) The department shall include the indication required by
16-1 Subsection (a) in any driver's license record or personal
16-2 identification certificate record maintained by the department for
16-3 the person until the expiration of the person's duty to register
16-4 under Chapter 62, Code of Criminal Procedure, as added by Chapter
16-5 668, Acts of the 75th Legislature, Regular Session, 1997.
16-6 SECTION 28. Section 521.101, Transportation Code, is amended
16-7 by adding Subsections (h) and (i) to read as follows:
16-8 (h) The department shall automatically revoke each personal
16-9 identification certificate issued by the department to a person
16-10 who:
16-11 (1) is subject to the registration requirements of
16-12 Chapter 62, Code of Criminal Procedure, as added by Chapter 668,
16-13 Acts of the 75th Legislature, Regular Session, 1997; and
16-14 (2) fails to apply to the department for renewal of
16-15 the personal identification certificate as required by Article
16-16 62.065, Code of Criminal Procedure.
16-17 (i) The department may issue a personal identification
16-18 certificate to a person whose certificate is revoked under
16-19 Subsection (h) only if the person applies for an original or
16-20 renewal certificate under Section 521.103.
16-21 SECTION 29. Subchapter E, Chapter 521, Transportation Code,
16-22 is amended by adding Section 521.103 to read as follows:
16-23 Sec. 521.103. EXPIRATION AND RENEWAL REQUIREMENTS FOR
16-24 CERTAIN SEX OFFENDERS. (a) The department may issue an original
16-25 or renewal personal identification certificate to a person whose
16-26 driver's license or personal identification certificate record
16-27 indicates that the person is subject to the registration
16-28 requirements of Chapter 62, Code of Criminal Procedure, as added by
16-29 Chapter 668, Acts of the 75th Legislature, Regular Session, 1997,
16-30 only if the person:
16-31 (1) applies in person for the issuance of a
16-32 certificate under this section; and
16-33 (2) pays a fee of $5.
16-34 (b) A personal identification certificate issued under this
16-35 section, including a renewal, duplicate, or corrected certificate,
16-36 expires on the first birthday of the certificate holder occurring
16-37 after the date of application, except that the initial certificate
16-38 issued under this section expires on the second birthday of the
16-39 certificate holder occurring after the date of application.
16-40 SECTION 30. Subchapter M, Chapter 521, Transportation Code,
16-41 is amended by adding Section 521.272 to read as follows:
16-42 Sec. 521.272. RENEWAL OF LICENSE ISSUED TO CERTAIN SEX
16-43 OFFENDERS. (a) The department may issue an original or renewal
16-44 driver's license to a person whose driver's license or personal
16-45 identification certificate record indicates that the person is
16-46 subject to the registration requirements of Chapter 62, Code of
16-47 Criminal Procedure, as added by Chapter 668, Acts of the 75th
16-48 Legislature, Regular Session, 1997, only if the person:
16-49 (1) applies in person for the issuance of a license
16-50 under this section; and
16-51 (2) pays a fee of $5.
16-52 (b) Notwithstanding Section 521.143, a person is not
16-53 required to provide proof of financial responsibility to receive
16-54 the person's initial driver's license under this section.
16-55 (c) Notwithstanding Section 521.271, a driver's license
16-56 issued under this section, including a renewal, duplicate, or
16-57 corrected license, expires on the first birthday of the license
16-58 holder occurring after the date of application, except that the
16-59 initial license issued under this section expires on the second
16-60 birthday of the license holder occurring after the date of
16-61 application.
16-62 SECTION 31. Section 521.274(b), Transportation Code, is
16-63 amended to read as follows:
16-64 (b) A rule adopted under this subsection may not permit
16-65 renewal by mail of:
16-66 (1) a provisional license;
16-67 (2) an occupational license; or
16-68 (3) a driver's license if the license holder's:
16-69 (A) driving record as maintained by the
17-1 department shows that the holder, within the four years preceding
17-2 the date of the renewal application, has been convicted of:
17-3 (i) [(A)] a moving violation, as defined
17-4 by department rule, in this state; or
17-5 (ii) [(B)] an offense described by
17-6 Subchapter O; or
17-7 (B) driver's license record or personal
17-8 identification certificate record indicates that the holder 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.
17-12 SECTION 32. Subchapter O, Chapter 521, Transportation Code,
17-13 is amended by adding Section 521.348 to read as follows:
17-14 Sec. 521.348. AUTOMATIC REVOCATION FOR CERTAIN SEX
17-15 OFFENDERS. (a) A driver's license is automatically revoked if the
17-16 holder of the license:
17-17 (1) is subject to the registration requirements of
17-18 Chapter 62, Code of Criminal Procedure, as added by Chapter 668,
17-19 Acts of the 75th Legislature, Regular Session, 1997; and
17-20 (2) fails to apply to the department for renewal of
17-21 the license as required by Article 62.065, Code of Criminal
17-22 Procedure.
17-23 (b) The department may issue a driver's license to a person
17-24 whose license is revoked under this section only if the person:
17-25 (1) applies for an original or renewal license under
17-26 Section 521.272; and
17-27 (2) is otherwise qualified for the license.
17-28 SECTION 33. Article 62.12(c), Code of Criminal Procedure, is
17-29 repealed.
17-30 SECTION 34. Section 11(a), Chapter 668, Acts of the 75th
17-31 Legislature, Regular Session, 1997, is amended to read as follows:
17-32 (a) The change in law made by this Act to Article 62.11,
17-33 Code of Criminal Procedure, as redesignated and amended by this Act
17-34 (formerly Subsection (a), Section 8, Article 6252-13c.1, Revised
17-35 Statutes), applies only to a defendant who, with respect to an
17-36 offense listed in Subdivision (5), Article 62.01, Code of Criminal
17-37 Procedure, as redesignated and amended by this Act (formerly
17-38 Subdivision (5), Section 1, Article 6252-13c.1, Revised Statutes),
17-39 on or after September 1, 1997 [the effective date of this Act]:
17-40 (1) is confined in a penal institution, as that term
17-41 is defined by Subdivision (3), Article 62.01, Code of Criminal
17-42 Procedure, as redesignated and amended by this Act (formerly
17-43 Subdivision (3), Section 1, Article 6252-13c.1, Revised Statutes);
17-44 or
17-45 (2) is under the supervision and control of a juvenile
17-46 probation office or an agency or entity operating under contract
17-47 with a juvenile probation office, the Texas Youth Commission, a
17-48 community supervision and corrections department, or the pardons
17-49 and paroles division of the Texas Department of Criminal Justice.
17-50 SECTION 35. (a) The change in law made by this Act
17-51 requiring registration under Chapter 62, Code of Criminal
17-52 Procedure, as added by Chapter 668, Acts of the 75th Legislature,
17-53 Regular Session, 1997, and as amended by this Act, for individuals
17-54 charged with unlawful restraint, kidnapping, or aggravated
17-55 kidnapping, or attempt, solicitation, or conspiracy to commit one
17-56 of those offenses, applies only to an individual for whom deferred
17-57 adjudication in the case is entered or a trial or disposition
17-58 hearing for the offense or conduct is commenced on or after the
17-59 effective date of this Act, regardless of when the offense was
17-60 committed or the conduct occurred.
17-61 (b) An individual for whom a deferred adjudication is
17-62 entered or a trial or disposition hearing has commenced before the
17-63 effective date of this Act is covered by the law in effect when the
17-64 deferred adjudication was entered or when the trial or disposition
17-65 hearing commenced, and the former law is continued in effect for
17-66 that purpose.
17-67 SECTION 36. The changes in law made by this Act to Article
17-68 62.01(5) and Article 62.03(d), Code of Criminal Procedure, apply to
17-69 juvenile offenders adjudicated as having engaged in delinquent
18-1 conduct before, on, or after the effective date of this Act,
18-2 regardless of when the conduct occurred.
18-3 SECTION 37. The change in law made by this Act to Articles
18-4 62.06(a) and (b), Code of Criminal Procedure, relating to persons
18-5 required to report to local law enforcement not less than once in
18-6 each 90-day period, applies only to a defendant who, on or after
18-7 the effective date of this Act:
18-8 (1) is confined in a penal institution, as that term
18-9 is defined by Article 62.01(3), Code of Criminal Procedure; or
18-10 (2) is under the supervision and control of a juvenile
18-11 probation office or an agency or entity operating under contract
18-12 with a juvenile probation office, the Texas Youth Commission, a
18-13 community supervision and corrections department, or the pardons
18-14 and paroles division of the Texas Department of Criminal Justice.
18-15 SECTION 38. (a) To accomplish the change in law made by
18-16 this Act to Articles 62.06(a) and (b), Code of Criminal Procedure,
18-17 relating to persons required to report to local law enforcement
18-18 once in each year, the local law enforcement authority with whom a
18-19 person verifies registration by reporting to the authority not
18-20 earlier than the 30th day before and not later than the 30th day
18-21 after the anniversary of the date on which the person first
18-22 registered with the authority shall inform the person that on the
18-23 next occasion and each succeeding occasion on which the person
18-24 verifies registration the person must comply with Articles 62.06(a)
18-25 and (b), Code of Criminal Procedure, as amended by this Act.
18-26 (b) The change in law to which this section applies does not
18-27 affect the validity of any action taken by a person to verify
18-28 registration before the person is provided an opportunity to be
18-29 informed of the change in law made by this Act as required by this
18-30 section.
18-31 SECTION 39. The change in law made by this Act to Section
18-32 58.007, Family Code, applies only to records and files created or
18-33 maintained under Chapter 62, Code of Criminal Procedure, as added
18-34 by Chapter 668, Acts of the 75th Legislature, Regular Session,
18-35 1997, on or after September 1, 1995.
18-36 SECTION 40. (a) The change in law made by this Act by
18-37 adding Articles 42.016, 62.065, and 62.085, Code of Criminal
18-38 Procedure, and Sections 521.057, 521.101(h) and (i), 521.103,
18-39 521.272, and 521.348, Government Code, and amending Section
18-40 521.274(b), Transportation Code, and Section 62.03(a), Code of
18-41 Criminal Procedure, take effect September 1, 2000.
18-42 (b) The change in law made by this Act relating to requiring
18-43 the Texas Department of Public Safety to include in the driver's
18-44 license record or personal identification certificate record of
18-45 certain persons an indication that the person is subject to the sex
18-46 offender registration requirements of Chapter 62, Code of Criminal
18-47 Procedure, as added by Chapter 668, Acts of the 75th Legislature,
18-48 Regular Session, 1997, applies only to a person who, with respect
18-49 to an offense listed in Article 62.01(5), Code of Criminal
18-50 Procedure, on or after September 1, 2000:
18-51 (1) is confined in a penal institution, as that term
18-52 is defined by Article 62.01(3), Code of Criminal Procedure; or
18-53 (2) is under the supervision and control of a juvenile
18-54 probation office or an agency or entity operating under contract
18-55 with a juvenile probation office, the Texas Youth Commission, a
18-56 community supervision and corrections department, or the pardons
18-57 and paroles division of the Texas Department of Criminal Justice.
18-58 (c) A person who, on September 1, 2000, is not described by
18-59 Subsection (b)(1) or (2) of this section is covered by the law in
18-60 effect before September 1, 2000, and the former law is continued in
18-61 effect for that purpose.
18-62 SECTION 41. The change in law made by this Act by adding
18-63 Articles 62.063 and 62.101, Code of Criminal Procedure, takes
18-64 effect on January 1, 2000, but only if an Act of the 76th
18-65 Legislature, Regular Session, 1999, establishing a process for the
18-66 civil commitment of sexually violent predators becomes law before
18-67 that date. If an Act of the 76th Legislature, Regular Session,
18-68 1999, relating to establishing a process for the civil commitment
18-69 of sexually violent predators does not become law before January 1,
19-1 2000, Articles 62.063 and 62.101, as added by this Act, have no
19-2 effect.
19-3 SECTION 42. The Texas Department of Criminal Justice shall
19-4 establish the risk assessment review committee, as required by
19-5 Article 62.035, Code of Criminal Procedure, as added by this Act,
19-6 not later than September 1, 1999. The review committee shall
19-7 develop or select the sex offender screening tool, as required by
19-8 Article 62.035, not later than December 1, 1999, and make the tool
19-9 available to all judges hearing criminal cases not later than
19-10 December 15, 1999. Each person released from a penal institution,
19-11 as defined by Article 62.01, Code of Criminal Procedure, or placed
19-12 on community supervision or juvenile probation on or after January
19-13 1, 2000, and for whom registration is required under Chapter 62, as
19-14 added by Chapter 668, Acts of the 75th Legislature, Regular
19-15 Session, 1997, must be assigned a numeric risk level as required by
19-16 Chapter 62.
19-17 SECTION 43. The Texas Department of Public Safety shall
19-18 establish the procedures required by Article 62.045, Code of
19-19 Criminal Procedure, as added by this Act, not later than January 1,
19-20 2000.
19-21 SECTION 44. The Texas Department of Public Safety shall
19-22 implement the system described by Section 411.135, Government Code,
19-23 as amended by this Act, not later than January 1, 2000.
19-24 SECTION 45. Except as provided by Sections 40 and 41 of this
19-25 Act, this Act takes effect September 1, 1999.
19-26 SECTION 46. The importance of this legislation and the
19-27 crowded condition of the calendars in both houses create an
19-28 emergency and an imperative public necessity that the
19-29 constitutional rule requiring bills to be read on three several
19-30 days in each house be suspended, and this rule is hereby suspended.
19-31 * * * * *