SRC-JBJ C.S.S.B. 1648 77(R)BILL ANALYSIS


Senate Research CenterC.S.S.B. 1648
77R10513 KEL-FBy: Bernsen
Criminal Justice
3/30/2001
Committee Report (Substituted)


DIGEST AND PURPOSE 

Currently, Texas statutes require individuals possessing a reportable
conviction  or adjudication under Texas law or the law of another state, if
the other state maintains a reciprocity agreement with Texas, to register
as sex offenders.  A gap in the registration requirement, however, exists
for individuals convicted under a federal law or the Uniform Code of
Military Justice.  C.S.S.B. 1648 requires an individual convicted under
federal law or the Uniform Code of Military Justice to register as a sex
offender only if the law the individual was convicted under contains
substantially similar elements to the Texas statutes requiring
registration. 

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 Chapter 62, Code of Criminal Procedure, by adding
Article 62.0101, as follows: 
 
Art. 62.0101.  DETERMINATION REGARDING SUBSTANTIALLY SIMILAR ELEMENTS OF
OFFENSE.  Provides that the Department of Public Safety (department) is
responsible for determining for the purpose of this chapter 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 laws of this state.  Requires an appeal of
a determination made under this article to be brought in a district court
in Travis County. 

SECTION 2.  Amends Articles 62.021(a) and (c), Code of Criminal Procedure,
to provide that this article applies to certain specific persons.  Provides
that the duty to register for a person described by Subsection (a) expires
on the date the person's duty to register would expire under the laws of,
rather than in, the other state had the person remained in that state,
under federal law, or under the Uniform Code of Military Justice, as
applicable. 
 
SECTION 3.  Provides that the change in law made by this Act in adding
Article 62.0101, Code of Criminal Procedure, and in amending Article
62.021, Code of Criminal Procedure, applies to a person required to
register as a sex offender under Chapter 62, Code of Criminal Procedure,
under the laws of another state, under federal law, or under the Uniform
Code of Military Justice before, on, or after the effective date of this
Act. 

SECTION 4.  Effective date:  September 1, 2001.

SUMMARY OF COMMITTEE CHANGES

Differs from the original by amending the relating clause.
 
SECTION 1.  Differs from the original by adding provisions regarding the
proper venue for an appeal of a determination made under this article. 

SECTION 2.  Differs from the original by making a nonsubstantive change.

Deletes previously proposed SECTION 3, which amended Article 62.02, Code of
Criminal Procedure, and redesignates SECTIONS 4 and 5 as SECTIONS 3 and 4
with the following changes: 

SECTION 3.  Differs from the original by amending  previously proposed
provisions regarding the application of this Act. 

SECTION 4.  Differs from the original by amending previously proposed
provisions regarding the effective date of this Act.