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 * * * * *