1-1 By: Shapiro S.B. No. 399
1-2 (In the Senate - Filed February 4, 1999; February 8, 1999,
1-3 read first time and referred to Committee on Criminal Justice;
1-4 March 8, 1999, reported favorably by the following vote: Yeas 7,
1-5 Nays 0; March 8, 1999, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to requiring registration of certain offenders under the
1-9 sex offender registration program.
1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11 SECTION 1. Article 42.01, Code of Criminal Procedure, is
1-12 amended by adding Section 7 to read as follows:
1-13 Sec. 7. In addition to the information described by Section
1-14 1, the judgment should reflect affirmative findings entered
1-15 pursuant to Article 42.015.
1-16 SECTION 2. Chapter 42, Code of Criminal Procedure, is
1-17 amended by adding Article 42.015 to read as follows:
1-18 Art. 42.015. FINDING OF AGE OF VICTIM. In the trial of an
1-19 offense under Section 20.02, 20.03, or 20.04, Penal Code, or an
1-20 attempt, conspiracy, or solicitation to commit one of those
1-21 offenses, the judge shall make an affirmative finding of fact and
1-22 enter the affirmative finding in the judgment in the case if the
1-23 judge determines that the victim or intended victim was younger
1-24 than 17 years of age at the time of the offense.
1-25 SECTION 3. Section 5, Article 42.12, Code of Criminal
1-26 Procedure, is amended by adding Subsection (e) to read as follows:
1-27 (e) If a judge places on community supervision under this
1-28 section a defendant charged with an offense under Section 20.02,
1-29 20.03, or 20.04, Penal Code, or an attempt, conspiracy, or
1-30 solicitation to commit one of those offenses, the judge shall make
1-31 an affirmative finding of fact and file a statement of that
1-32 affirmative finding with the papers in the case if the judge
1-33 determines that the victim or intended victim was younger than 17
1-34 years of age at the time of the offense.
1-35 SECTION 4. Article 62.01, Code of Criminal Procedure, as
1-36 added by Chapter 668, Acts of the 75th Legislature, Regular
1-37 Session, 1997, is amended by amending Subdivisions (5) and (6) and
1-38 by adding Subdivision (7) to read as follows:
1-39 (5) "Reportable conviction or adjudication" means a
1-40 conviction or adjudication, regardless of the pendency of an
1-41 appeal, that is:
1-42 (A) a conviction for a violation of Section
1-43 21.11 (Indecency with a child), 22.011 (Sexual assault), 22.021
1-44 (Aggravated sexual assault), or 25.02 (Prohibited sexual conduct),
1-45 Penal Code;
1-46 (B) a conviction for a violation of Section
1-47 43.05 (Compelling prostitution), 43.25 (Sexual performance by a
1-48 child), or 43.26 (Possession or promotion of child pornography),
1-49 Penal Code;
1-50 (C) a conviction for a violation of Section
1-51 20.04(a)(4) (Aggravated kidnapping), Penal Code, if the defendant
1-52 committed the offense with intent to violate or abuse the victim
1-53 sexually;
1-54 (D) a conviction for a violation of Section
1-55 30.02 (Burglary), Penal Code, if the offense is punishable under
1-56 Subsection (d) of that section and the defendant committed the
1-57 offense with intent to commit a felony listed in Paragraph (A) or
1-58 (C);
1-59 (E) a conviction for a violation of Section
1-60 20.02 (Unlawful restraint), 20.03 (Kidnapping), or 20.04
1-61 (Aggravated kidnapping), Penal Code, if the judgment in the case
1-62 contains an affirmative finding under Article 42.015;
1-63 (F) the second conviction for a violation of
1-64 Section 21.08 (Indecent exposure), Penal Code;
2-1 (G) [(F)] a conviction for an attempt,
2-2 conspiracy, or solicitation, as defined by Chapter 15, Penal Code,
2-3 to commit an offense listed in Paragraph (A), (B), (C), [or] (D),
2-4 or (E);
2-5 (H) [(G)] an adjudication of delinquent conduct:
2-6 (i) based on a violation of one of the
2-7 offenses listed in Paragraph (A), (B), (C), (D), or (G), or, if the
2-8 order in the hearing contains an affirmative finding that the
2-9 victim or intended victim was younger than 17 years of age, one of
2-10 the offenses listed in Paragraph (E); [(F)] or
2-11 (ii) for which two violations of the
2-12 offense listed in Paragraph (F) [(E)] are shown;
2-13 (I) [(H)] a deferred adjudication for an offense
2-14 listed in:
2-15 (i) Paragraph (A), (B), (C), (D), or (G)
2-16 [(F)]; or
2-17 (ii) Paragraph (E) if the papers in the
2-18 case contain an affirmative finding that the victim or intended
2-19 victim was younger than 17 years of age;
2-20 (J) [(I)] a conviction under the laws of another
2-21 state, federal law, or the Uniform Code of Military Justice for an
2-22 offense containing elements that are substantially similar to the
2-23 elements of an offense listed under Paragraph (A), (B), (C), (D),
2-24 (E), or (G) [(F)]; or
2-25 (K) [(J)] the second conviction under the laws
2-26 of another state, federal law, or the Uniform Code of Military
2-27 Justice for an offense containing elements that are substantially
2-28 similar to the elements of the offense of indecent exposure.
2-29 (6) "Sexually violent offense" means any of the
2-30 following offenses committed by a person 17 years of age or older:
2-31 (A) an offense under Section 21.11(a)(1)
2-32 (Indecency with a child), 22.011 (Sexual assault), or 22.021
2-33 (Aggravated sexual assault), Penal Code;
2-34 (B) an offense under Section 43.25 (Sexual
2-35 performance by a child), Penal Code;
2-36 (C) an offense under Section 20.04(a)(4)
2-37 (Aggravated kidnapping), Penal Code, if the defendant committed the
2-38 offense with intent to violate or abuse the victim sexually;
2-39 (D) an offense under Section 30.02 (Burglary),
2-40 Penal Code, if the offense is punishable under Subsection (d) of
2-41 that section and the defendant committed the offense with intent to
2-42 commit a felony listed in Paragraph (A) or (C) of Subdivision (5);
2-43 or
2-44 (E) an offense under the laws of another state,
2-45 federal law, or the Uniform Code of Military Justice if the offense
2-46 contains elements that are substantially similar to the elements of
2-47 an offense listed under Paragraph (A), (B), (C), or (D).
2-48 (7) "Residence" includes a residence established in
2-49 this state by a person described by Article 62.061(e).
2-50 SECTION 5. Article 62.02, Code of Criminal Procedure, as
2-51 added by Chapter 668, Acts of the 75th Legislature, Regular
2-52 Session, 1997, is amended by adding Subsection (g) to read as
2-53 follows:
2-54 (g) If the other state has a registration requirement for
2-55 sex offenders, a person who has a reportable conviction or
2-56 adjudication, who resides in this state, and who is employed,
2-57 carries on a vocation, or is a student in another state shall, not
2-58 later than the 10th day after the date on which the person begins
2-59 to work or attend school in the other state, register with the law
2-60 enforcement authority that is identified by the department as the
2-61 authority designated by that state to receive registration
2-62 information.
2-63 SECTION 6. Subsection (d), Article 62.03, Code of Criminal
2-64 Procedure, as added by Chapter 668, Acts of the 75th Legislature,
2-65 Regular Session, 1997, is amended to read as follows:
2-66 (d) If a person who has a reportable conviction for an
2-67 offense described by Article 62.01(5)(J) [62.01(5)(I)] or (K) [(J)]
2-68 is placed under the supervision of the pardons and paroles division
2-69 of the Texas Department of Criminal Justice or a community
3-1 supervision and corrections department under Article 42.11, the
3-2 division or community supervision and corrections department shall
3-3 conduct the prerelease notification and registration requirements
3-4 specified in this article on the date the person is placed under
3-5 the supervision of the division or community supervision and
3-6 corrections department.
3-7 SECTION 7. Article 62.03, Code of Criminal Procedure, as
3-8 added by Chapter 668, Acts of the 75th Legislature, Regular
3-9 Session, 1997, is amended by adding Subsection (h) to read as
3-10 follows:
3-11 (h) Before a person who will be subject to registration
3-12 under this chapter is due to be released from a penal institution
3-13 in this state, an official of the penal institution shall inform
3-14 the person that:
3-15 (1) if the person intends to reside in another state
3-16 and to work or attend school in this state, the person must, not
3-17 later than the seventh day after the date on which the person
3-18 begins to work or attend school, register or verify registration
3-19 with the local law enforcement authority in the municipality or
3-20 county in which the person intends to work or attend school; and
3-21 (2) if the person intends to reside in this state and
3-22 to work or attend school in another state and if the other state
3-23 has a registration requirement for sex offenders, the person must,
3-24 not later than the 10th day after the date on which the person
3-25 begins to work or attend school in the other state, register with
3-26 the law enforcement authority that is identified by the department
3-27 as the authority designated by that state to receive registration
3-28 information.
3-29 SECTION 8. Chapter 62, Code of Criminal Procedure, as added
3-30 by Chapter 668, Acts of the 75th Legislature, Regular Session,
3-31 1997, is amended by adding Articles 62.011 and 62.061 to read as
3-32 follows:
3-33 Art. 62.011. WORKERS OR STUDENTS. (a) A person is employed
3-34 or carries on a vocation for purposes of this chapter if the person
3-35 works on a full-time or part-time basis for a consecutive period
3-36 exceeding 14 days or for an aggregate period exceeding 30 days in a
3-37 calendar year, whether the person works for compensation or for
3-38 governmental or educational benefit.
3-39 (b) A person is a student for purposes of this chapter if
3-40 the person enrolls in any educational facility, including:
3-41 (1) a public or private primary or secondary school,
3-42 including a high school or alternative learning center; or
3-43 (2) a public or private institution of higher
3-44 education, including a college, university, community college, or
3-45 technical or trade institute.
3-46 Art. 62.061. REGISTRATION OF CERTAIN WORKERS OR STUDENTS.
3-47 (a) A person is subject to this article and, except as otherwise
3-48 provided by this article, to the other articles of this chapter if
3-49 the person:
3-50 (1) has a reportable conviction or adjudication;
3-51 (2) resides in another state; and
3-52 (3) is employed, carries on a vocation, or is a
3-53 student in this state.
3-54 (b) A person described by Subsection (a) is subject to the
3-55 registration and verification requirements of Articles 62.02 and
3-56 62.06 and to the change of address requirements of Article 62.04,
3-57 except that the registration and verification and the reporting of
3-58 a change of address are based on the municipality or county in
3-59 which the person works or attends school. The person is subject to
3-60 the school notification requirements of Articles 62.03 and 62.04,
3-61 except that notice provided to the superintendent and any
3-62 administrator is based on the public school district in which the
3-63 person works or attends school.
3-64 (c) A person described by Subsection (a) is not subject to
3-65 Article 62.12 and the newspaper publication requirements of
3-66 Articles 62.03 and 62.04.
3-67 (d) The duty to register for a person described by
3-68 Subsection (a) ends when the person no longer works or studies in
3-69 this state, provides notice of that fact to the local law
4-1 enforcement authority in the municipality or county in which the
4-2 person works or attends school, and receives notice of verification
4-3 of that fact from the authority. The authority must verify that
4-4 the person no longer works or studies in this state and must
4-5 provide to the person notice of that verification within a
4-6 reasonable time.
4-7 (e) Notwithstanding Subsection (a), this article does not
4-8 apply to a person who has a reportable conviction or adjudication,
4-9 who resides in another state, and who is employed, carries on a
4-10 vocation, or is a student in this state if the person establishes
4-11 another residence in this state to work or attend school in this
4-12 state. However, that person remains subject to the other articles
4-13 of this chapter based on that person's residence in this state.
4-14 SECTION 9. Section 54.04, Family Code, is amended by adding
4-15 Subsection (q) to read as follows:
4-16 (q) If the judge orders a disposition under this section and
4-17 there is an affirmative finding that the victim or intended victim
4-18 was younger than 17 years of age at the time of the conduct, the
4-19 judge shall enter the finding in the order.
4-20 SECTION 10. (a) The change in law made by this Act
4-21 requiring registration under Chapter 62, Code of Criminal
4-22 Procedure, as added by Chapter 668, Acts of the 75th Legislature,
4-23 Regular Session, 1997, and as amended by this Act, for individuals
4-24 charged with unlawful restraint, kidnapping, or aggravated
4-25 kidnapping, or attempt, solicitation, or conspiracy to commit one
4-26 of those offenses, applies only to an individual for whom deferred
4-27 adjudication in the case is entered or a trial or disposition
4-28 hearing for the offense or conduct is commenced on or after the
4-29 effective date of this Act, regardless of when the offense was
4-30 committed or the conduct occurred.
4-31 (b) An individual for whom a deferred adjudication is
4-32 entered or a trial or disposition hearing has commenced before the
4-33 effective date of this Act is covered by the law in effect when the
4-34 deferred adjudication was entered or when the trial or disposition
4-35 hearing commenced, and the former law is continued in effect for
4-36 that purpose.
4-37 SECTION 11. This Act takes effect September 1, 1999.
4-38 SECTION 12. The importance of this legislation and the
4-39 crowded condition of the calendars in both houses create an
4-40 emergency and an imperative public necessity that the
4-41 constitutional rule requiring bills to be read on three several
4-42 days in each house be suspended, and this rule is hereby suspended.
4-43 * * * * *