By: Shapiro S.B. No. 400
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the registration of certain juvenile offenders under
1-2 the sex offender registration program.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Subdivision (5), Article 62.01, Code of Criminal
1-5 Procedure, as added by Chapter 668, Acts of the 75th Legislature,
1-6 Regular Session, 1997, is amended to read as follows:
1-7 (5) "Reportable conviction or adjudication" means a
1-8 conviction or adjudication, regardless of the pendency of an
1-9 appeal, that is:
1-10 (A) a conviction for a violation of Section
1-11 21.11 (Indecency with a child), 22.011 (Sexual assault), 22.021
1-12 (Aggravated sexual assault), or 25.02 (Prohibited sexual conduct),
1-13 Penal Code;
1-14 (B) a conviction for a violation of Section
1-15 43.05 (Compelling prostitution), 43.25 (Sexual performance by a
1-16 child), or 43.26 (Possession or promotion of child pornography),
1-17 Penal Code;
1-18 (C) a conviction for a violation of Section
1-19 20.04(a)(4) (Aggravated kidnapping), Penal Code, if the defendant
1-20 committed the offense with intent to violate or abuse the victim
1-21 sexually;
1-22 (D) a conviction for a violation of Section
1-23 30.02 (Burglary), Penal Code, if the offense is punishable under
1-24 Subsection (d) of that section and the defendant committed the
2-1 offense with intent to commit a felony listed in Paragraph (A) or
2-2 (C);
2-3 (E) the second conviction for a violation of
2-4 Section 21.08 (Indecent exposure), Penal Code;
2-5 (F) a conviction for an attempt, conspiracy, or
2-6 solicitation, as defined by Chapter 15, Penal Code, to commit an
2-7 offense listed in Paragraph (A), (B), (C), or (D);
2-8 (G) an adjudication of delinquent conduct based
2-9 on a violation of one of the offenses listed in Paragraph (A), (B),
2-10 (C), (D), or (F) or for which two violations of the offense listed
2-11 in Paragraph (E) are shown;
2-12 (H) a deferred adjudication for an offense
2-13 listed in Paragraph (A), (B), (C), (D), or (F);
2-14 (I) a conviction under the laws of another state
2-15 or the Uniform Code of Military Justice for an offense containing
2-16 elements that are substantially similar to the elements of an
2-17 offense listed under Paragraph (A), (B), (C), (D), or (F); [or]
2-18 (J) an adjudication of delinquent conduct under
2-19 the laws of another state or federal law based on a violation of an
2-20 offense containing elements that are substantially similar to the
2-21 elements of an offense listed under Paragraph (A), (B), (C), (D),
2-22 or (F);
2-23 (K) the second conviction under the laws of
2-24 another state or the Uniform Code of Military Justice for an
2-25 offense containing elements that are substantially similar to the
2-26 elements of the offense of indecent exposure; or
3-1 (L) the second adjudication of delinquent
3-2 conduct under the laws of another state or federal law based on a
3-3 violation of an offense containing elements that are substantially
3-4 similar to the elements of the offense of indecent exposure.
3-5 SECTION 2. Subsection (d), Article 62.03, Code of Criminal
3-6 Procedure, as added by Chapter 668, Acts of the 75th Legislature,
3-7 Regular Session, 1997, is amended to read as follows:
3-8 (d) If a person who has a reportable conviction [for an
3-9 offense] described by Article 62.01(5)(I) or (K) [(J)] is placed
3-10 under the supervision of the pardons and paroles division of the
3-11 Texas Department of Criminal Justice or a community supervision and
3-12 corrections department under Article 42.11, the division or
3-13 community supervision and corrections department shall conduct the
3-14 prerelease notification and registration requirements specified in
3-15 this article on the date the person is placed under the supervision
3-16 of the division or community supervision and corrections
3-17 department. If a person who has a reportable adjudication of
3-18 delinquent conduct described by Article 62.01(5)(J) or (L) is, as
3-19 permitted by Section 60.002, Family Code, placed under the
3-20 supervision of the Texas Youth Commission, a public or private
3-21 vendor operating under contract with the Texas Youth Commission, a
3-22 local juvenile probation department, or a juvenile secure
3-23 pre-adjudication or post-adjudication facility, the commission,
3-24 vendor, probation department, or facility shall conduct the
3-25 prerelease notification and registration requirements specified in
3-26 this article on the date the person is placed under the supervision
4-1 of the commission, vendor, probation department, or facility.
4-2 SECTION 3. Subsection (a), Section 58.007, Family Code, is
4-3 amended to read as follows:
4-4 (a) This section applies only to the inspection and
4-5 maintenance of a physical record or file concerning a child and
4-6 does not affect the collection, dissemination, or maintenance of
4-7 information as provided by Subchapter B. This section does not
4-8 apply to a record or file relating to a child that is:
4-9 (1) required or authorized to be maintained under the
4-10 laws regulating the operation of motor vehicles in this state;
4-11 (2) [or to a record or file relating to a child that
4-12 is] maintained by a municipal or justice court; or
4-13 (3) subject to disclosure under Chapter 62, Code of
4-14 Criminal Procedure.
4-15 SECTION 4. Subsection (a), Section 11, Chapter 668, Acts of
4-16 the 75th Legislature, Regular Session, 1997, is amended to read as
4-17 follows:
4-18 (a) The change in law made by this Act to Article 62.11,
4-19 Code of Criminal Procedure, as redesignated and amended by this Act
4-20 (formerly Subsection (a), Section 8, Article 6252-13c.1, Revised
4-21 Statutes), applies only to a defendant who, with respect to an
4-22 offense listed in Subdivision (5), Article 62.01, Code of Criminal
4-23 Procedure, as redesignated and amended by this Act (formerly
4-24 Subdivision (5), Section 1, Article 6252-13c.1, Revised Statutes),
4-25 on or after September 1, 1997 [the effective date of this Act]:
4-26 (1) is confined in a penal institution, as that term
5-1 is defined by Subdivision (3), Article 62.01, Code of Criminal
5-2 Procedure, as redesignated and amended by this Act (formerly
5-3 Subdivision (3), Section 1, Article 6252-13c.1, Revised Statutes);
5-4 or
5-5 (2) is under the supervision and control of a juvenile
5-6 probation office or an agency or entity operating under contract
5-7 with a juvenile probation office, the Texas Youth Commission, a
5-8 community supervision and corrections department, or the pardons
5-9 and paroles division of the Texas Department of Criminal Justice.
5-10 SECTION 5. (a) Sections 1 and 2 of this Act apply to
5-11 juvenile offenders adjudicated as having engaged in delinquent
5-12 conduct before, on, or after the effective date of this Act,
5-13 regardless of when the conduct occurred.
5-14 (b) Section 3 of this Act applies only to records and files
5-15 created or maintained under Chapter 62, Code of Criminal Procedure,
5-16 as added by Chapter 668, Acts of the 75th Legislature, Regular
5-17 Session, 1997, on or after September 1, 1995.
5-18 SECTION 6. Subdivision (3), Article 62.01, 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 (3) "Penal institution" means a confinement facility
5-22 operated by or under a contract with any division of the Texas
5-23 Department of Criminal Justice, a confinement facility operated by
5-24 or under contract with the Texas Youth Commission, or a juvenile
5-25 secure pre-adjudication or post-adjudication facility operated by
5-26 or under a local juvenile probation department, or a county jail.
6-1 SECTION 7. The importance of this legislation and the
6-2 crowded condition of the calendars in both houses create an
6-3 emergency and an imperative public necessity that the
6-4 constitutional rule requiring bills to be read on three several
6-5 days in each house be suspended, and this rule is hereby suspended,
6-6 and that this Act take effect and be in force from and after its
6-7 passage, and it is so enacted.