By Allen                                              H.B. No. 3148
         77R9385 KEL-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the administration and application of the sex offender
 1-3     registration program and to other requirements imposed on sex
 1-4     offenders.
 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-6           SECTION 1. Section 11(e), Article 42.12, Code of Criminal
 1-7     Procedure, is amended to read as follows:
 1-8           (e)  A judge granting community supervision to a defendant
 1-9     required to register as a sex offender under Chapter 62 shall
1-10     require that the defendant, [the registration] as a condition of
1-11     community supervision:
1-12                 (1)  register under that chapter; and
1-13                 (2)  submit a blood sample or other specimen to the
1-14     Department of Public Safety under Subchapter G, Chapter 411,
1-15     Government Code, for the purpose of creating a DNA record of the
1-16     defendant, unless the defendant has already submitted the required
1-17     specimen under other state law.
1-18           SECTION 2. Chapter 62, Code of Criminal Procedure, is amended
1-19     by adding Article 62.0101 to read as follows:
1-20           Art. 62.0101.  DETERMINATION REGARDING SUBSTANTIALLY SIMILAR
1-21     ELEMENTS OF OFFENSE. The department is responsible for determining
1-22     for the purposes of this chapter whether an offense under the laws
1-23     of another state, federal law, or the Uniform Code of Military
1-24     Justice contains elements that are substantially similar to the
 2-1     elements of an offense under the laws of this state.
 2-2           SECTION 3. Articles 62.021(a) and (c), Code of Criminal
 2-3     Procedure, are amended to read as follows:
 2-4           (a)  This article applies to a person who:
 2-5                 (1)  is required to register as a sex offender under:
 2-6                       (A)  the laws of another state with which the
 2-7     department has entered into a reciprocal registration agreement; or
 2-8                       (B)  federal law or the Uniform Code of Military
 2-9     Justice; and
2-10                 (2)  [who] is not otherwise required to register under
2-11     this chapter because:
2-12                       (A) [(1)]  the person does not have a reportable
2-13     conviction for an offense under the laws of the other state,
2-14     federal law, or the Uniform Code of Military Justice containing
2-15     elements that are substantially similar to an offense requiring
2-16     registration under this chapter; or
2-17                       (B) [(2)]  the person does not have a reportable
2-18     adjudication of delinquent conduct based on a violation of an
2-19     offense under the laws of the other state or federal law containing
2-20     elements that are substantially similar to an offense requiring
2-21     registration under this chapter.
2-22           (c)  The expiration of the duty to register for a person
2-23     described by Subsection (a) expires on the date the person's duty
2-24     to register would expire under the laws of [in] the other state had
2-25     the person remained in that state, under federal law, or under the
2-26     Uniform Code of Military Justice, as applicable.
2-27           SECTION 4. Article 62.03, Code of Criminal Procedure, is
 3-1     amended by adding Subsection (i) to read as follows:
 3-2           (i)  If a person who is subject to the newspaper publication
 3-3     requirements of Subsection (e) is not under community supervision,
 3-4     parole, or mandatory supervision, the local law enforcement
 3-5     authority obtaining publication of notice regarding the person as
 3-6     required by that subsection shall collect from the person an amount
 3-7     equal to the cost incurred by the authority in obtaining the
 3-8     publication.  The cost of the publication of notice must be
 3-9     established by written receipt.
3-10           SECTION 5. Article 62.04, Code of Criminal Procedure, is
3-11     amended by adding Subsection (j) to read as follows:
3-12           (j)  If a person who is subject to the newspaper publication
3-13     requirements of Subsection (f) is not under community supervision,
3-14     parole, or mandatory supervision, the local law enforcement
3-15     authority obtaining publication of notice regarding the person as
3-16     required by that subsection shall collect from the person an amount
3-17     equal to the cost incurred by the authority in obtaining the
3-18     publication.  The cost of the publication of notice must be
3-19     established by written receipt.
3-20           SECTION 6. Article 62.06, Code of Criminal Procedure, is
3-21     amended by adding Subsection (e) to read as follows:
3-22           (e)  For purposes of this article, a person receives multiple
3-23     convictions or orders of deferred adjudication regardless of
3-24     whether:
3-25                 (1)  the judgments or orders are entered on different
3-26     dates; or
3-27                 (2)  the offenses for which the person was convicted or
 4-1     placed on deferred adjudication arose out of different criminal
 4-2     transactions.
 4-3           SECTION 7. Article 62.11, Code of Criminal Procedure, is
 4-4     amended to read as follows:
 4-5           Art. 62.11.  APPLICABILITY.  (a)  This chapter applies only
 4-6     to a reportable conviction or adjudication occurring on or after
 4-7     September 1, 1970, except that the provisions of Articles 62.03 and
 4-8     62.04 of this chapter relating to the requirement of newspaper
 4-9     publication apply only to a reportable conviction or adjudication
4-10     occurring on or after:
4-11                 (1)  September 1, 1997, if the conviction or
4-12     adjudication relates to an offense under Section 43.05, Penal Code;
4-13     or
4-14                 (2)  September 1, 1995, if the conviction or
4-15     adjudication relates to any other offense listed in Article
4-16     62.01(5).
4-17           (b)  Except as provided by Subsection (c), the duties imposed
4-18     on a person required to register under this chapter on the basis of
4-19     a reportable conviction or adjudication, and the corresponding
4-20     duties and powers of other entities in relation to the person
4-21     required to register on the basis of that conviction or
4-22     adjudication, are not affected by:
4-23                 (1)  an appeal of the conviction or adjudication; or
4-24                 (2)  a pardon of the conviction or adjudication.
4-25           (c)  If a conviction or adjudication that is the basis of a
4-26     duty to register under this chapter is set aside on appeal by a
4-27     court or if the person required to register under this chapter on
 5-1     the basis of a conviction or adjudication receives a pardon on the
 5-2     basis of subsequent proof of innocence, the duties imposed on the
 5-3     person by this chapter and the corresponding duties and powers of
 5-4     other entities in relation to the person are terminated.
 5-5           SECTION 8. Article 62.12(a), Code of Criminal Procedure, is
 5-6     amended to read as follows:
 5-7           (a)  The duty to register for a person ends when the person
 5-8     dies if the person has [with] a reportable conviction or
 5-9     adjudication for:
5-10                 (1)  a sexually violent offense;
5-11                 (2)  [or for] an offense under Section 25.02,
5-12     43.05(a)(2), or 43.26, Penal Code;
5-13                 (3)  an offense under Section 21.11(a)(2), Penal Code,
5-14     if before or after the person is convicted or adjudicated for the
5-15     offense under Section 21.11(a)(2), Penal Code, the person receives
5-16     or has received another reportable conviction or adjudication for
5-17     an offense or conduct that requires registration under this
5-18     chapter; or
5-19                 (4)  an offense under Section 20.02, 20.03, or 20.04,
5-20     Penal Code, or an attempt, conspiracy, or solicitation to commit
5-21     one of those offenses, if:
5-22                       (A)  the judgment in the case contains an
5-23     affirmative finding under Article 42.015, as added by Chapter 1193,
5-24     Acts of the 76th Legislature, Regular Session, 1999, or for an
5-25     adjudication of delinquent conduct, the papers in the case contain
5-26     an affirmative finding that the victim or intended victim was
5-27     younger than 17 years of age; and
 6-1                       (B)  before or after the person is convicted or
 6-2     adjudicated for the offense under Section 20.02, 20.03, or 20.04,
 6-3     Penal Code, the person receives or has received another reportable
 6-4     conviction or adjudication for an offense or conduct that requires
 6-5     registration under this chapter [, ends when the person dies].
 6-6           SECTION 9. Sections 54.0405(a) and (b), Family Code, are
 6-7     amended to read as follows:
 6-8           (a)  If a court or jury makes a disposition under Section
 6-9     54.04 in which a child described by Subsection (b) is placed on
6-10     probation [and the court determines that the victim of the offense
6-11     was a child as defined by Section 22.011(c), Penal Code], the
6-12     court:
6-13                 (1)  may require as a condition of probation that the
6-14     child:
6-15                       (A) [(1)]  attend psychological counseling
6-16     sessions for sex offenders as provided by Subsection (e); and
6-17                       (B) [(2)]  submit to a polygraph examination as
6-18     provided by Subsection (f) for purposes of evaluating the child's
6-19     treatment progress; and
6-20                 (2)  shall require as a condition of probation that the
6-21     child:
6-22                       (A)  register under Chapter 62, Code of Criminal
6-23     Procedure; and
6-24                       (B)  submit a blood sample or other specimen to
6-25     the Department of Public Safety under Subchapter G, Chapter 411,
6-26     Government Code, for the purpose of creating a DNA record of the
6-27     child, unless the child has already submitted the required specimen
 7-1     under other state law.
 7-2           (b)  This section applies to a child placed on probation for
 7-3     conduct constituting an offense for which the child is required to
 7-4     register as a sex offender under Chapter 62, Code of Criminal
 7-5     Procedure[:]
 7-6                 [(1)  under Section 21.08, 21.11, 22.011, 22.021, or
 7-7     25.02, Penal Code;]
 7-8                 [(2)  under Section 20.04(a)(4), Penal Code, if the
 7-9     child engaged in the conduct with the intent to violate or abuse
7-10     the victim sexually; or]
7-11                 [(3)  under Section 30.02, Penal Code, punishable under
7-12     Subsection (d) of that section, if the child engaged in the conduct
7-13     with the intent to commit a felony listed in Subdivision (1) or (2)
7-14     of this subsection].
7-15           SECTION 10. Section 411.148(a), Government Code, is amended
7-16     to read as follows:
7-17           (a)  An inmate of the institutional division or other penal
7-18     institution shall provide one or more blood samples or other
7-19     specimens taken by or at the request of the institutional division
7-20     for the purpose of creating a DNA record if the inmate has not
7-21     already provided the required specimen under other state law and if
7-22     the inmate is ordered by a court to give the sample or specimen or
7-23     is serving a sentence for:
7-24                 (1)  an offense:
7-25                       (A)  under Section 19.02, Penal Code (murder), or
7-26     Section 22.02, Penal Code (aggravated assault);
7-27                       (B)  under Section 30.02, Penal Code (burglary),
 8-1     if the offense is punishable under Subsection (c)(2) or (d) of that
 8-2     section; or
 8-3                       (C)  for which the inmate is required to register
 8-4     as a sex offender under Chapter 62, Code of Criminal Procedure[, as
 8-5     added by Chapter 668, Acts of the 75th Legislature, Regular
 8-6     Session, 1997]; or
 8-7                 (2)  any offense if the inmate has previously been
 8-8     convicted of or adjudicated as having engaged in:
 8-9                       (A)  an offense described in Subsection (a)(1);
8-10     or
8-11                       (B)  an offense under federal law or laws of
8-12     another state that involves the same conduct as an offense
8-13     described by Subsection (a)(1).
8-14           SECTION 11. Section 411.150(a), Government Code, is amended
8-15     to read as follows:
8-16           (a)  A juvenile who is committed to the Texas Youth
8-17     Commission shall provide one or more blood samples or other
8-18     specimens taken by or at the request of the commission for the
8-19     purpose of creating a DNA record if the juvenile has not already
8-20     provided the required specimen under other state law and if the
8-21     juvenile is ordered by a juvenile court to give the sample or
8-22     specimen or is committed to the commission for an adjudication as
8-23     having engaged in delinquent conduct that violates:
8-24                 (1)  an offense:
8-25                       (A)  under Section 19.02, Penal Code (murder), or
8-26     Section 22.02, Penal Code (aggravated assault);
8-27                       (B)  under Section 30.02, Penal Code (burglary),
 9-1     if the offense is punishable under Subsection (c)(2) or (d) of that
 9-2     section; or
 9-3                       (C)  for which the juvenile is required to
 9-4     register as a sex offender under Chapter 62, Code of Criminal
 9-5     Procedure[, as added by Chapter 668, Acts of the 75th Legislature,
 9-6     Regular Session, 1997]; or
 9-7                 (2)  a penal law if the juvenile has previously been
 9-8     convicted of or adjudicated as having engaged in:
 9-9                       (A)  a violation of a penal law described in
9-10     Subsection (a)(1); or
9-11                       (B)  a violation of a penal law under federal law
9-12     or the laws of another state that involves the same conduct as a
9-13     violation of a penal law described by Subsection (a)(1).
9-14           SECTION 12. Section 508.186(a), Government Code, is amended
9-15     to read as follows:
9-16           (a)  A parole panel shall require as a condition of parole or
9-17     mandatory supervision that a releasee required to register as a sex
9-18     offender under Chapter 62, Code of Criminal Procedure:
9-19                 (1)  register under that chapter;  [and]
9-20                 (2)  pay to the releasee's supervising officer an
9-21     amount equal to the cost, as evidenced by written receipt, incurred
9-22     by the applicable local law enforcement authority for providing
9-23     notice for publication to a newspaper as required by that chapter;
9-24     and
9-25                 (3)  submit a blood sample or other specimen to the
9-26     Department of Public Safety under Subchapter G, Chapter 411, for
9-27     the purpose of creating a DNA record of the releasee, unless the
 10-1    releasee has already submitted the required specimen under other
 10-2    state law.
 10-3          SECTION 13. Sections 61.0813(a) and (b), Human Resources
 10-4    Code, are amended to read as follows:
 10-5          (a)  Before releasing a child described by Subsection (b)
 10-6    under supervision, the commission:
 10-7                (1)  may require as a condition of release that the
 10-8    child:
 10-9                      (A) [(1)]  attend psychological counseling
10-10    sessions for sex offenders as provided by Subsection (e); and
10-11                      (B) [(2)]  submit to a polygraph examination as
10-12    provided by Subsection (f) for purposes of evaluating the child's
10-13    treatment progress; and
10-14                (2)  shall require as a condition of release that the
10-15    child:
10-16                      (A)  register under Chapter 62, Code of Criminal
10-17    Procedure; and
10-18                      (B)  submit a blood sample or other specimen to
10-19    the Department of Public Safety under Subchapter G, Chapter 411,
10-20    Government Code, for the purpose of creating a DNA record of the
10-21    child, unless the child has already submitted the required specimen
10-22    under other state law.
10-23          (b)  This section applies to a child [only if:]
10-24                [(1)  the child has been] adjudicated for engaging in
10-25    delinquent conduct constituting an offense for which the child is
10-26    required to register as a sex offender under Chapter 62, Code of
10-27    Criminal Procedure[:]
 11-1                      [(A)  under Section 21.08, 21.11, 22.011, 22.021,
 11-2    or 25.02, Penal Code;]
 11-3                      [(B)  under Section 20.04(a)(4), Penal Code, if
 11-4    the child engaged in the conduct with the intent to violate or
 11-5    abuse the victim sexually; or]
 11-6                      [(C)  under Section 30.02, Penal Code, punishable
 11-7    under Subsection (d) of that section, if the child engaged in the
 11-8    conduct with the intent to commit a felony listed in Paragraph (A)
 11-9    or (B) of this subdivision; and]
11-10                [(2)  the victim of the conduct described by
11-11    Subdivision (1) was a child as defined by Section 22.011(c), Penal
11-12    Code].
11-13          SECTION 14.  (a)  The change in law made by Sections 1, 9,
11-14    12, and 13 of this Act applies to an offense committed or conduct
11-15    engaged in before, on, or after the effective date of this Act.
11-16          (b)  If a defendant, releasee, or child is required as a
11-17    condition of community supervision, parole, or mandatory
11-18    supervision to submit a blood sample or other specimen to the
11-19    Department of Public Safety and that person has not previously
11-20    submitted the required specimen under other state law, the court,
11-21    the parole panel, or the Texas Youth Commission shall modify the
11-22    conditions of supervision or parole, as applicable, to require the
11-23    submission of the specimen.
11-24          SECTION 15.  The change in law made by this Act in adding
11-25    Articles 62.0101 and 62.06(e), Code of Criminal Procedure, and in
11-26    amending Article 62.021, Code of Criminal Procedure, applies to a
11-27    person required to register as a sex offender under Chapter 62,
 12-1    Code of Criminal Procedure, under the laws of another state, under
 12-2    federal law, or under the Uniform Code of Military Justice before,
 12-3    on, or after the effective date of this Act.
 12-4          SECTION 16. The change in law made by this Act in adding
 12-5    Articles 62.03(i) and 62.04(j), Code of Criminal Procedure, applies
 12-6    only to an offense committed on or after the effective date of this
 12-7    Act.  An offense committed before the effective date of this Act is
 12-8    covered by the law in effect when the offense was committed, and
 12-9    the former law is continued in effect for that purpose. For
12-10    purposes of this section, an offense was committed before the
12-11    effective date of this Act if any element of the offense occurred
12-12    before that date.
12-13          SECTION 17.  The change in law made by this Act in amending
12-14    Article 62.11, Code of  Criminal Procedure, applies to an offense
12-15    committed or conduct engaged in before, on, or after the effective
12-16    date of this Act.
12-17          SECTION 18. The change in law made by this Act in amending
12-18    Article 62.12(a), Code of Criminal Procedure, applies to a
12-19    defendant with a reportable conviction or adjudication for an
12-20    offense or conduct under Section 21.11(a)(2), Penal Code, that was
12-21    committed before, on, or after the effective date of this Act, and
12-22    a defendant with a reportable conviction or adjudication for an
12-23    offense or conduct under Section 20.02, 20.03, or 20.04, Penal
12-24    Code, that was committed on or after September 1, 1999.
12-25          SECTION 19.  This Act takes effect September 1, 2001.