1-1     By:  Shapiro                                           S.B. No. 400
 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, as amended, by the following
 1-5     vote:  Yeas 7, Nays 0; March 8, 1999, sent to printer.)
 1-6     COMMITTEE AMENDMENT NO. 1                              By:  Shapiro
 1-7     Amend S.B. No. 400 as follows:
 1-8           (1)  On page 2, line 33, after "department," and before "the"
 1-9     add the following:
1-10           "or a juvenile secure pre-adjudication or post-adjudication
1-11     facility".
1-12           (2)  On page 3, line 3 insert the following:
1-13           "SECTION 6.  Subdivision (3), Article 62.01, Code of Criminal
1-14     Procedure, as added by Chapter 668, Acts of the 75th Legislature,
1-15     Regular Session, 1997, is amended to read as follows:
1-16                 (3)  "Penal institution" means a confinement facility
1-17     operated by or under a contract with any division of the Texas
1-18     Department of Criminal Justice, a confinement facility operated by
1-19     or under contract with the Texas Youth Commission, or a juvenile
1-20     secure pre-adjudication or post-adjudication facility operated by
1-21     or under a local juvenile probation department, or a county jail."
1-22           (3)  Renumber all subsequent sections
1-23                            A BILL TO BE ENTITLED
1-24                                   AN ACT
1-25     relating to the registration of certain juvenile offenders under
1-26     the sex offender registration program.
1-27           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-28           SECTION 1.  Subdivision (5), Article 62.01, Code of Criminal
1-29     Procedure, as added by Chapter 668, Acts of the 75th Legislature,
1-30     Regular Session, 1997, is amended to read as follows:
1-31                 (5)  "Reportable conviction or adjudication" means a
1-32     conviction or adjudication, regardless of the pendency of an
1-33     appeal, that is:
1-34                       (A)  a conviction for a violation of Section
1-35     21.11 (Indecency with a child), 22.011 (Sexual assault), 22.021
1-36     (Aggravated sexual assault), or 25.02 (Prohibited sexual conduct),
1-37     Penal Code;
1-38                       (B)  a conviction for a violation of Section
1-39     43.05 (Compelling prostitution), 43.25 (Sexual performance by a
1-40     child), or 43.26 (Possession or promotion of child pornography),
1-41     Penal Code;
1-42                       (C)  a conviction for a violation of Section
1-43     20.04(a)(4) (Aggravated kidnapping), Penal Code, if the defendant
1-44     committed the offense with intent to violate or abuse the victim
1-45     sexually;
1-46                       (D)  a conviction for a violation of Section
1-47     30.02 (Burglary), Penal Code, if the offense is punishable under
1-48     Subsection (d) of that section and the defendant committed the
1-49     offense with intent to commit a felony listed in Paragraph (A) or
1-50     (C);
1-51                       (E)  the second conviction for a violation of
1-52     Section 21.08 (Indecent exposure), Penal Code;
1-53                       (F)  a conviction for an attempt, conspiracy, or
1-54     solicitation, as defined by Chapter 15, Penal Code, to commit an
1-55     offense listed in Paragraph (A), (B), (C), or (D);
1-56                       (G)  an adjudication of delinquent conduct based
1-57     on a violation of one of the offenses listed in Paragraph (A), (B),
1-58     (C), (D), or (F) or for which two violations of the offense listed
1-59     in Paragraph (E) are shown;
1-60                       (H)  a deferred adjudication for an offense
1-61     listed in Paragraph (A), (B), (C), (D), or (F);
1-62                       (I)  a conviction under the laws of another state
1-63     or the Uniform Code of Military Justice for an offense containing
 2-1     elements that are substantially similar to the elements of an
 2-2     offense listed under Paragraph (A), (B), (C), (D), or (F); [or]
 2-3                       (J)  an adjudication of delinquent conduct under
 2-4     the laws of another state or federal law based on a violation of an
 2-5     offense containing elements that are substantially similar to the
 2-6     elements of an offense listed under Paragraph (A), (B), (C), (D),
 2-7     or (F);
 2-8                       (K)  the second conviction under the laws of
 2-9     another state or the Uniform Code of Military Justice for an
2-10     offense containing elements that are substantially similar to the
2-11     elements of the offense of indecent exposure; or
2-12                       (L)  the second adjudication of delinquent
2-13     conduct under the laws of another state or federal law based on a
2-14     violation of an offense containing elements that are substantially
2-15     similar to the elements of the offense of indecent exposure.
2-16           SECTION 2.  Subsection (d), Article 62.03, Code of Criminal
2-17     Procedure, as added by Chapter 668, Acts of the 75th Legislature,
2-18     Regular Session, 1997, is amended to read as follows:
2-19           (d)  If a person who has a reportable conviction [for an
2-20     offense] described by Article 62.01(5)(I) or (K) [(J)] is placed
2-21     under the supervision of the pardons and paroles division of the
2-22     Texas Department of Criminal Justice or a community supervision and
2-23     corrections department under Article 42.11, the division or
2-24     community supervision and corrections department shall conduct the
2-25     prerelease notification and registration requirements specified in
2-26     this article on the date the person is placed under the supervision
2-27     of the division or community supervision and corrections
2-28     department.  If a person who has a reportable adjudication of
2-29     delinquent conduct described by Article 62.01(5)(J) or (L) is, as
2-30     permitted by Section 60.002, Family Code, placed under the
2-31     supervision of the Texas Youth Commission, a public or private
2-32     vendor operating under contract with the Texas Youth Commission, or
2-33     a local juvenile probation department, the commission, vendor, or
2-34     probation department shall conduct the prerelease notification and
2-35     registration requirements specified in this article on the date the
2-36     person is placed under the supervision of the commission, vendor,
2-37     or probation department.
2-38           SECTION 3.  Subsection (a), Section 58.007, Family Code, is
2-39     amended to read as follows:
2-40           (a)  This section applies only to the inspection and
2-41     maintenance of a physical record or file concerning a child and
2-42     does not affect the collection, dissemination, or maintenance of
2-43     information as provided by Subchapter B.  This section does not
2-44     apply to a record or file relating to a child that is:
2-45                 (1)  required or authorized to be maintained under the
2-46     laws regulating the operation of motor vehicles in this state;
2-47                 (2)  [or to a record or file relating to a child that
2-48     is] maintained by a municipal or justice court; or
2-49                 (3)  subject to disclosure under Chapter 62, Code of
2-50     Criminal Procedure.
2-51           SECTION 4.  Subsection (a), Section 11, Chapter 668, Acts of
2-52     the 75th Legislature, Regular Session, 1997, is amended to read as
2-53     follows:
2-54           (a)  The change in law made by this Act to Article 62.11,
2-55     Code of Criminal Procedure, as redesignated and amended by this Act
2-56     (formerly Subsection (a), Section 8, Article 6252-13c.1, Revised
2-57     Statutes), applies only to a defendant who, with respect to an
2-58     offense listed in Subdivision (5), Article 62.01, Code of Criminal
2-59     Procedure, as redesignated and amended by this Act (formerly
2-60     Subdivision (5), Section 1, Article 6252-13c.1, Revised Statutes),
2-61     on or after September 1, 1997 [the effective date of this Act]:
2-62                 (1)  is confined in a penal institution, as that term
2-63     is defined by Subdivision (3), Article 62.01, Code of Criminal
2-64     Procedure, as redesignated and amended by this Act (formerly
2-65     Subdivision (3), Section 1, Article 6252-13c.1, Revised Statutes);
2-66     or
2-67                 (2)  is under the supervision and control of a juvenile
2-68     probation office or an agency or entity operating under contract
2-69     with a juvenile probation office, the Texas Youth Commission, a
 3-1     community supervision and corrections department, or the pardons
 3-2     and paroles division of the Texas Department of Criminal Justice.
 3-3           SECTION 5.  (a)  Sections 1 and 2 of this Act apply to
 3-4     juvenile offenders adjudicated as having engaged in delinquent
 3-5     conduct before, on, or after the effective date of this Act,
 3-6     regardless of when the conduct occurred.
 3-7           (b)  Section 3 of this Act applies only to records and files
 3-8     created or maintained under Chapter 62, Code of Criminal Procedure,
 3-9     as added by Chapter 668, Acts of the 75th Legislature, Regular
3-10     Session, 1997, on or after September 1, 1995.
3-11           SECTION 6.  The importance of this legislation and the
3-12     crowded condition of the calendars in both houses create an
3-13     emergency and an imperative public necessity that the
3-14     constitutional rule requiring bills to be read on three several
3-15     days in each house be suspended, and this rule is hereby suspended,
3-16     and that this Act take effect and be in force from and after its
3-17     passage, and it is so enacted.
3-18                                  * * * * *