By: Shapiro S.B. No. 399
A BILL TO BE ENTITLED
AN ACT
1-1 relating to requiring registration of certain offenders under the
1-2 sex offender registration program.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Article 42.01, Code of Criminal Procedure, is
1-5 amended by adding Section 7 to read as follows:
1-6 Sec. 7. In addition to the information described by Section
1-7 1, the judgment should reflect affirmative findings entered
1-8 pursuant to Article 42.015.
1-9 SECTION 2. Chapter 42, Code of Criminal Procedure, is
1-10 amended by adding Article 42.015 to read as follows:
1-11 Art. 42.015. FINDING OF AGE OF VICTIM. In the trial of an
1-12 offense under Section 20.02, 20.03, or 20.04, Penal Code, or an
1-13 attempt, conspiracy, or solicitation to commit one of those
1-14 offenses, the judge shall make an affirmative finding of fact and
1-15 enter the affirmative finding in the judgment in the case if the
1-16 judge determines that the victim or intended victim was younger
1-17 than 17 years of age at the time of the offense.
1-18 SECTION 3. Section 5, Article 42.12, Code of Criminal
1-19 Procedure, is amended by adding Subsection (e) to read as follows:
1-20 (e) If a judge places on community supervision under this
1-21 section a defendant charged with an offense under Section 20.02,
1-22 20.03, or 20.04, Penal Code, or an attempt, conspiracy, or
1-23 solicitation to commit one of those offenses, the judge shall make
1-24 an affirmative finding of fact and file a statement of that
2-1 affirmative finding with the papers in the case if the judge
2-2 determines that the victim or intended victim was younger than 17
2-3 years of age at the time of the offense.
2-4 SECTION 4. Article 62.01, Code of Criminal Procedure, as
2-5 added by Chapter 668, Acts of the 75th Legislature, Regular
2-6 Session, 1997, is amended by amending Subdivisions (5) and (6) and
2-7 by adding Subdivision (7) to read as follows:
2-8 (5) "Reportable conviction or adjudication" means a
2-9 conviction or adjudication, regardless of the pendency of an
2-10 appeal, that is:
2-11 (A) a conviction for a violation of Section
2-12 21.11 (Indecency with a child), 22.011 (Sexual assault), 22.021
2-13 (Aggravated sexual assault), or 25.02 (Prohibited sexual conduct),
2-14 Penal Code;
2-15 (B) a conviction for a violation of Section
2-16 43.05 (Compelling prostitution), 43.25 (Sexual performance by a
2-17 child), or 43.26 (Possession or promotion of child pornography),
2-18 Penal Code;
2-19 (C) a conviction for a violation of Section
2-20 20.04(a)(4) (Aggravated kidnapping), Penal Code, if the defendant
2-21 committed the offense with intent to violate or abuse the victim
2-22 sexually;
2-23 (D) a conviction for a violation of Section
2-24 30.02 (Burglary), Penal Code, if the offense is punishable under
2-25 Subsection (d) of that section and the defendant committed the
2-26 offense with intent to commit a felony listed in Paragraph (A) or
3-1 (C);
3-2 (E) a conviction for a violation of Section
3-3 20.02 (Unlawful restraint), 20.03 (Kidnapping), or 20.04
3-4 (Aggravated kidnapping), Penal Code, if the judgment in the case
3-5 contains an affirmative finding under Article 42.015;
3-6 (F) the second conviction for a violation of
3-7 Section 21.08 (Indecent exposure), Penal Code;
3-8 (G) [(F)] a conviction for an attempt,
3-9 conspiracy, or solicitation, as defined by Chapter 15, Penal Code,
3-10 to commit an offense listed in Paragraph (A), (B), (C), [or] (D),
3-11 or (E);
3-12 (H) [(G)] an adjudication of delinquent conduct:
3-13 (i) based on a violation of one of the
3-14 offenses listed in Paragraph (A), (B), (C), (D), or (G), or, if the
3-15 order in the hearing contains an affirmative finding that the
3-16 victim or intended victim was younger than 17 years of age, one of
3-17 the offenses listed in Paragraph (E); [(F)] or
3-18 (ii) for which two violations of the
3-19 offense listed in Paragraph (F) [(E)] are shown;
3-20 (I) [(H)] a deferred adjudication for an offense
3-21 listed in:
3-22 (i) Paragraph (A), (B), (C), (D), or (G)
3-23 [(F)]; or
3-24 (ii) Paragraph (E) if the papers in the
3-25 case contain an affirmative finding that the victim or intended
3-26 victim was younger than 17 years of age;
4-1 (J) [(I)] a conviction under the laws of another
4-2 state, federal law, or the Uniform Code of Military Justice for an
4-3 offense containing elements that are substantially similar to the
4-4 elements of an offense listed under Paragraph (A), (B), (C), (D),
4-5 (E), or (G) [(F)]; or
4-6 (K) [(J)] the second conviction under the laws
4-7 of another state, federal law, or the Uniform Code of Military
4-8 Justice for an offense containing elements that are substantially
4-9 similar to the elements of the offense of indecent exposure.
4-10 (6) "Sexually violent offense" means any of the
4-11 following offenses committed by a person 17 years of age or older:
4-12 (A) an offense under Section 21.11(a)(1)
4-13 (Indecency with a child), 22.011 (Sexual assault), or 22.021
4-14 (Aggravated sexual assault), Penal Code;
4-15 (B) an offense under Section 43.25 (Sexual
4-16 performance by a child), Penal Code;
4-17 (C) an offense under Section 20.04(a)(4)
4-18 (Aggravated kidnapping), Penal Code, if the defendant committed the
4-19 offense with intent to violate or abuse the victim sexually;
4-20 (D) an offense under Section 30.02 (Burglary),
4-21 Penal Code, if the offense is punishable under Subsection (d) of
4-22 that section and the defendant committed the offense with intent to
4-23 commit a felony listed in Paragraph (A) or (C) of Subdivision (5);
4-24 or
4-25 (E) an offense under the laws of another state,
4-26 federal law, or the Uniform Code of Military Justice if the offense
5-1 contains elements that are substantially similar to the elements of
5-2 an offense listed under Paragraph (A), (B), (C), or (D).
5-3 (7) "Residence" includes a residence established in
5-4 this state by a person described by Article 62.061(e).
5-5 SECTION 5. Article 62.02, Code of Criminal Procedure, as
5-6 added by Chapter 668, Acts of the 75th Legislature, Regular
5-7 Session, 1997, is amended by adding Subsection (g) to read as
5-8 follows:
5-9 (g) If the other state has a registration requirement for
5-10 sex offenders, a person who has a reportable conviction or
5-11 adjudication, who resides in this state, and who is employed,
5-12 carries on a vocation, or is a student in another state shall, not
5-13 later than the 10th day after the date on which the person begins
5-14 to work or attend school in the other state, register with the law
5-15 enforcement authority that is identified by the department as the
5-16 authority designated by that state to receive registration
5-17 information.
5-18 SECTION 6. Subsection (d), Article 62.03, Code of Criminal
5-19 Procedure, as added by Chapter 668, Acts of the 75th Legislature,
5-20 Regular Session, 1997, is amended to read as follows:
5-21 (d) If a person who has a reportable conviction for an
5-22 offense described by Article 62.01(5)(J) [62.01(5)(I)] or (K) [(J)]
5-23 is placed under the supervision of the pardons and paroles division
5-24 of the Texas Department of Criminal Justice or a community
5-25 supervision and corrections department under Article 42.11, the
5-26 division or community supervision and corrections department shall
6-1 conduct the prerelease notification and registration requirements
6-2 specified in this article on the date the person is placed under
6-3 the supervision of the division or community supervision and
6-4 corrections department.
6-5 SECTION 7. Article 62.03, Code of Criminal Procedure, as
6-6 added by Chapter 668, Acts of the 75th Legislature, Regular
6-7 Session, 1997, is amended by adding Subsection (h) to read as
6-8 follows:
6-9 (h) Before a person who will be subject to registration
6-10 under this chapter is due to be released from a penal institution
6-11 in this state, an official of the penal institution shall inform
6-12 the person that:
6-13 (1) if the person intends to reside in another state
6-14 and to work or attend school in this state, the person must, not
6-15 later than the seventh day after the date on which the person
6-16 begins to work or attend school, register or verify registration
6-17 with the local law enforcement authority in the municipality or
6-18 county in which the person intends to work or attend school; and
6-19 (2) if the person intends to reside in this state and
6-20 to work or attend school in another state and if the other state
6-21 has a registration requirement for sex offenders, the person must,
6-22 not later than the 10th day after the date on which the person
6-23 begins to work or attend school in the other state, register with
6-24 the law enforcement authority that is identified by the department
6-25 as the authority designated by that state to receive registration
6-26 information.
7-1 SECTION 8. Chapter 62, Code of Criminal Procedure, as added
7-2 by Chapter 668, Acts of the 75th Legislature, Regular Session,
7-3 1997, is amended by adding Articles 62.011 and 62.061 to read as
7-4 follows:
7-5 Art. 62.011. WORKERS OR STUDENTS. (a) A person is employed
7-6 or carries on a vocation for purposes of this chapter if the person
7-7 works on a full-time or part-time basis for a consecutive period
7-8 exceeding 14 days or for an aggregate period exceeding 30 days in a
7-9 calendar year, whether the person works for compensation or for
7-10 governmental or educational benefit.
7-11 (b) A person is a student for purposes of this chapter if
7-12 the person enrolls in any educational facility, including:
7-13 (1) a public or private primary or secondary school,
7-14 including a high school or alternative learning center; or
7-15 (2) a public or private institution of higher
7-16 education, including a college, university, community college, or
7-17 technical or trade institute.
7-18 Art. 62.061. REGISTRATION OF CERTAIN WORKERS OR STUDENTS.
7-19 (a) A person is subject to this article and, except as otherwise
7-20 provided by this article, to the other articles of this chapter if
7-21 the person:
7-22 (1) has a reportable conviction or adjudication;
7-23 (2) resides in another state; and
7-24 (3) is employed, carries on a vocation, or is a
7-25 student in this state.
7-26 (b) A person described by Subsection (a) is subject to the
8-1 registration and verification requirements of Articles 62.02 and
8-2 62.06 and to the change of address requirements of Article 62.04,
8-3 except that the registration and verification and the reporting of
8-4 a change of address are based on the municipality or county in
8-5 which the person works or attends school. The person is subject to
8-6 the school notification requirements of Articles 62.03 and 62.04,
8-7 except that notice provided to the superintendent and any
8-8 administrator is based on the public school district in which the
8-9 person works or attends school.
8-10 (c) A person described by Subsection (a) is not subject to
8-11 Article 62.12 and the newspaper publication requirements of
8-12 Articles 62.03 and 62.04.
8-13 (d) The duty to register for a person described by
8-14 Subsection (a) ends when the person no longer works or studies in
8-15 this state, provides notice of that fact to the local law
8-16 enforcement authority in the municipality or county in which the
8-17 person works or attends school, and receives notice of verification
8-18 of that fact from the authority. The authority must verify that
8-19 the person no longer works or studies in this state and must
8-20 provide to the person notice of that verification within a
8-21 reasonable time.
8-22 (e) Notwithstanding Subsection (a), this article does not
8-23 apply to a person who has a reportable conviction or adjudication,
8-24 who resides in another state, and who is employed, carries on a
8-25 vocation, or is a student in this state if the person establishes
8-26 another residence in this state to work or attend school in this
9-1 state. However, that person remains subject to the other articles
9-2 of this chapter based on that person's residence in this state.
9-3 SECTION 9. Section 54.04, Family Code, is amended by adding
9-4 Subsection (q) to read as follows:
9-5 (q) If the judge orders a disposition under this section and
9-6 there is an affirmative finding that the victim or intended victim
9-7 was younger than 17 years of age at the time of the conduct, the
9-8 judge shall enter the finding in the order.
9-9 SECTION 10. (a) The change in law made by this Act
9-10 requiring registration under Chapter 62, Code of Criminal
9-11 Procedure, as added by Chapter 668, Acts of the 75th Legislature,
9-12 Regular Session, 1997, and as amended by this Act, for individuals
9-13 charged with unlawful restraint, kidnapping, or aggravated
9-14 kidnapping, or attempt, solicitation, or conspiracy to commit one
9-15 of those offenses, applies only to an individual for whom deferred
9-16 adjudication in the case is entered or a trial or disposition
9-17 hearing for the offense or conduct is commenced on or after the
9-18 effective date of this Act, regardless of when the offense was
9-19 committed or the conduct occurred.
9-20 (b) An individual for whom a deferred adjudication is
9-21 entered or a trial or disposition hearing has commenced before the
9-22 effective date of this Act is covered by the law in effect when the
9-23 deferred adjudication was entered or when the trial or disposition
9-24 hearing commenced, and the former law is continued in effect for
9-25 that purpose.
9-26 SECTION 11. This Act takes effect September 1, 1999.
10-1 SECTION 12. The importance of this legislation and the
10-2 crowded condition of the calendars in both houses create an
10-3 emergency and an imperative public necessity that the
10-4 constitutional rule requiring bills to be read on three several
10-5 days in each house be suspended, and this rule is hereby suspended.