By Shapiro                                             S.B. No. 400
         76R3237 KEL-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the registration of certain juvenile offenders under
 1-3     the sex offender registration program.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Article 62.01(5), Code of Criminal Procedure, as
 1-6     added by Chapter 668, Acts of the 75th Legislature, Regular
 1-7     Session, 1997, is amended to read as follows:
 1-8                 (5)  "Reportable conviction or adjudication" means a
 1-9     conviction or adjudication, regardless of the pendency of an
1-10     appeal, that is:
1-11                       (A)  a conviction for a violation of Section
1-12     21.11 (Indecency with a child), 22.011 (Sexual assault), 22.021
1-13     (Aggravated sexual assault), or 25.02 (Prohibited sexual conduct),
1-14     Penal Code;
1-15                       (B)  a conviction for a violation of Section
1-16     43.05 (Compelling prostitution), 43.25 (Sexual performance by a
1-17     child), or 43.26 (Possession or promotion of child pornography),
1-18     Penal Code;
1-19                       (C)  a conviction for a violation of Section
1-20     20.04(a)(4) (Aggravated kidnapping), Penal Code, if the defendant
1-21     committed the offense with intent to violate or abuse the victim
1-22     sexually;
1-23                       (D)  a conviction for a violation of Section
1-24     30.02 (Burglary), Penal Code, if the offense is punishable under
 2-1     Subsection (d) of that section and the defendant committed the
 2-2     offense with intent to commit a felony listed in Paragraph (A) or
 2-3     (C);
 2-4                       (E)  the second conviction for a violation of
 2-5     Section 21.08 (Indecent exposure), Penal Code;
 2-6                       (F)  a conviction for an attempt, conspiracy, or
 2-7     solicitation, as defined by Chapter 15, Penal Code, to commit an
 2-8     offense listed in Paragraph (A), (B), (C), or (D);
 2-9                       (G)  an adjudication of delinquent conduct based
2-10     on a violation of one of the offenses listed in Paragraph (A), (B),
2-11     (C), (D), or (F) or for which two violations of the offense listed
2-12     in Paragraph (E) are shown;
2-13                       (H)  a deferred adjudication for an offense
2-14     listed in Paragraph (A), (B), (C), (D), or (F);
2-15                       (I)  a conviction under the laws of another state
2-16     or the Uniform Code of Military Justice for an offense containing
2-17     elements that are substantially similar to the elements of an
2-18     offense listed under Paragraph (A), (B), (C), (D), or (F); [or]
2-19                       (J)  an adjudication of delinquent conduct under
2-20     the laws of another state or federal law based on a violation of an
2-21     offense containing elements that are substantially similar to the
2-22     elements of an offense listed under Paragraph (A), (B), (C), (D),
2-23     or (F);
2-24                       (K)  the second conviction under the laws of
2-25     another state or the Uniform Code of Military Justice for an
2-26     offense containing elements that are substantially similar to the
2-27     elements of the offense of indecent exposure; or
 3-1                       (L)  the second adjudication of delinquent
 3-2     conduct under the laws of another state or federal law based on a
 3-3     violation of an offense containing elements that are substantially
 3-4     similar to the elements of the offense of indecent exposure.
 3-5           SECTION 2.  Article 62.03(d), Code of Criminal Procedure, as
 3-6     added by Chapter 668, Acts of the 75th Legislature, Regular
 3-7     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, or
3-22     a local juvenile probation department, the commission, vendor, or
3-23     probation department shall conduct the prerelease notification and
3-24     registration requirements specified in this article on the date the
3-25     person is placed under the supervision of the commission, vendor,
3-26     or probation department.
3-27           SECTION 3.  Section 58.007(a), Family Code, is amended to
 4-1     read as follows:
 4-2           (a)  This section applies only to the inspection and
 4-3     maintenance of a physical record or file concerning a child and
 4-4     does not affect the collection, dissemination, or maintenance of
 4-5     information as provided by Subchapter B.  This section does not
 4-6     apply to a record or file relating to a child that is:
 4-7                 (1)  required or authorized to be maintained under the
 4-8     laws regulating the operation of motor vehicles in this state;
 4-9                 (2)  [or to a record or file relating to a child that
4-10     is] maintained by a municipal or justice court; or
4-11                 (3)  subject to disclosure under Chapter 62, Code of
4-12     Criminal Procedure.
4-13           SECTION 4.  Section 11(a), Chapter 668, Acts of the 75th
4-14     Legislature, Regular Session, 1997, is amended to read as follows:
4-15           (a)  The change in law made by this Act to Article 62.11,
4-16     Code of Criminal Procedure, as redesignated and amended by this Act
4-17     (formerly Subsection (a), Section 8, Article 6252-13c.1, Revised
4-18     Statutes), applies only to a defendant who, with respect to an
4-19     offense listed in Subdivision (5), Article 62.01, Code of Criminal
4-20     Procedure, as redesignated and amended by this Act (formerly
4-21     Subdivision (5), Section 1, Article 6252-13c.1, Revised Statutes),
4-22     on or after September 1, 1997 [the effective date of this Act]:
4-23                 (1)  is confined in a penal institution, as that term
4-24     is defined by Subdivision (3), Article 62.01, Code of Criminal
4-25     Procedure, as redesignated and amended by this Act (formerly
4-26     Subdivision (3), Section 1, Article 6252-13c.1, Revised Statutes);
4-27     or
 5-1                 (2)  is under the supervision and control of a juvenile
 5-2     probation office or an agency or entity operating under contract
 5-3     with a juvenile probation office, the Texas Youth Commission, a
 5-4     community supervision and corrections department, or the pardons
 5-5     and paroles division of the Texas Department of Criminal Justice.
 5-6           SECTION 5.  (a)  Sections 1 and 2 of this Act apply to
 5-7     juvenile offenders adjudicated as having engaged in delinquent
 5-8     conduct before, on, or after the effective date of this Act,
 5-9     regardless of when the conduct occurred.
5-10           (b)  Section 3 of this Act applies only to records and files
5-11     created or maintained under Chapter 62, Code of Criminal Procedure,
5-12     as added by Chapter 668, Acts of the 75th Legislature, Regular
5-13     Session, 1997, on or after September 1, 1995.
5-14           SECTION 6.  The importance of this legislation and the
5-15     crowded condition of the calendars in both houses create an
5-16     emergency and an imperative public necessity that the
5-17     constitutional rule requiring bills to be read on three several
5-18     days in each house be suspended, and this rule is hereby suspended,
5-19     and that this Act take effect and be in force from and after its
5-20     passage, and it is so enacted.