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.