HBA-MSH S.B. 1648 77(R)    BILL ANALYSIS


Office of House Bill AnalysisS.B. 1648
By: Bernsen
Public Safety
4/27/2001
Engrossed



BACKGROUND AND PURPOSE 

Under current law, a person who is convicted or receives an order of
deferred adjudication for a sex offense in another state with which Texas
has a reciprocal registration agreement is required to register in Texas as
a sex offender. The statute fails to address a person who may be required
to register under federal law or the Uniform Code of Military Justice, such
as a member of the armed services who has committed a sex offense, been
convicted under military law, and resides in Texas upon discharge. Senate
Bill 1648 requires a person required to register as a sex offender under
federal or military law to register in Texas. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

ANALYSIS

Senate Bill 1648 amends the Code of Criminal Procedure to apply statutes
relating to the registration of sex offenders to those persons required to
register as a sex offender under federal law or the Uniform Code of
Military Justice.  The bill provides that the Texas Department of Public
Safety is responsible for determining for the purposes of the sex offender
registration program whether an offense under the laws of another state,
federal law, or the Uniform Code of Military Justice contains elements that
are substantially similar to the elements of an offense under the law of
this state.  An appeal of such a determination is required to be brought in
a Travis County district court.   

EFFECTIVE DATE

September 1, 2001.