SRC-JBJ S.B. 1380 77(R)BILL ANALYSIS


Senate Research CenterS.B. 1380
By: Armbrister
Criminal Justice
6/26/2001
Enrolled


DIGEST AND PURPOSE 

Texas statutes do not completely conform to the federal Jacob Wetterling
Crimes Against Children and Sexually Violent Offender Registration Act
pertaining to the lifelong registration of sexual offenders. S.B. 1380
amends provisions pertaining to the administration and application of the
sex offender registration program. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a
state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 11(e), Article 42.12, Code of Criminal
Procedure, to set forth amendments to provisions regarding the granting of
community supervision to a defendant required to register as a sex
offender. 

SECTION 2.  Amends Chapter 62, Code of Criminal Procedure, by adding
Article 62.0101, as follows: 

Art. 62.0101.  DETERMINATION REGARDING SUBSTANTIALLY SIMILAR ELEMENTS OF
OFFENSE.  Sets forth provisions regarding the determination of the
similarity of an offense under the law of another state, federal law, or
the Uniform Code of Military Justice and an offense under Texas law. 

SECTION 3.  Amends Articles 62.021(a) and (c), Code of Criminal Procedure,
to set forth amendments to provisions regarding the similarity of offenses
under certain laws to those under Texas law. 

SECTION 4.  Amends Article 62.03, Code of Criminal Procedure, by adding
Subsection (i), to set forth provisions regarding persons subject to the
newspaper publication requirements and certain associated fees. 

SECTION 5.  Amends Article 62.04, Code of Criminal Procedure, by adding
Subsection (j), to make a conforming change. 

SECTION 6.  Amends Article 62.045(b), Code of Criminal Procedure, to set
forth amendments to provisions regarding a certain notice. 

SECTION 7.  Amends Article 62.045(e), Code of Criminal Procedure, to set
forth amendments to provisions regarding certain disclosures pertaining to
the purchase or lease of property. 

SECTION 8.  Amends Article 62.0451(b), Code of Criminal Procedure, to make
a conforming change. 
 
SECTION 9.  Amends Article 62.06, Code of Criminal Procedure, by adding
Subsection (e), to set forth provisions regarding the determination of a
person's receipt of multiple convictions or deferred adjudication. 

SECTION 10.  Amends Article 62.08, Code of Criminal Procedure, to set forth
amendments to provisions regarding the central database containing only the
information required for registration under this chapter. 

SECTION 11.  Amends Article 62.11, Code of Criminal Procedure, to set forth
amendments to provisions regarding the duties pertaining to registration as
a sex offender. 

SECTION 12.  Amends Article 62.12(a), Code of Criminal Procedure, to
provide that the duty to register for a person ends when the person dies if
the person has a reportable conviction or adjudication, other than an
adjudication of delinquent conduct, for certain specific offenses under
certain conditions. 

SECTION 13.  Amends Sections 54.0405(a) and (b), Family Code, to set forth
amendments to provisions regarding the placement of a child on probation. 

SECTION 14.  Amends Section 411.148(a), Government Code, to set forth
amendments to provisions regarding the collection of a DNA sample. 

SECTION 15.  Amends Section 411.150(a), Government Code, to make conforming
changes. 

SECTION 16.  Amends Section 508.186(a), Government Code, to set forth
amendments to provisions regarding the collection of a sample for the
purpose of creating a DNA record. 

SECTION 17.  Amends Sections 61.0813(a) and (b), Human Resources Code, to
set forth amendments to provisions regarding the release of certain
children under supervision. 

SECTION 18.  (a)  Provides that the change in law made by Sections 1, 13,
16, and 17 of this Act applies to an offense committed or conduct engaged
in before, on, or after the effective date of this Act. 

(b)  Sets forth provisions regarding the collection of a specimen from
certain defendants, releasees, or children. 

SECTION 19.  Provides that the change in law made by this Act in adding
Article 62.0101 and Article 62.06(e), Code of Criminal Procedure, and in
amending Article 62.021, Code of Criminal Procedure, and in amending
Article 62.021, Code of Criminal Procedure, is applicable before, on, or
after the effective date of this Act. 

SECTION 20.  Makes application of the change in law made by this Act in
adding Article 62.03(i), and Article 62.04(j), Code of Criminal Procedure,
prospective. 

SECTION 21.  Provides that the change in law made by this Act in amending
Article 62.11, Code of Criminal Procedure, is applicable before, on, or
after the effective date of this Act. 

SECTION 22.  Provides that the change in law made by this Act in amending
Article 62.12(a), Code of Criminal Procedure, applies to a defendant with a
reportable conviction or adjudication for an offense or conduct under
Section 21.11(a)(2), Penal Code, that was committed before, on, or after
the effective date of this Act, and a defendant with a reportable
conviction or adjudication for an offense or conduct under Sections 20.02,
20.03, or 20.04, Penal Code, that was committed on or after September 1,
1999. 

SECTION 23.  Effective date: September 1, 2001.