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 persons
 1-4     by the sex offender registration program.
 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-6           SECTION 1.  Subsection (e), Section 11, Article 42.12, Code
 1-7     of Criminal 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
1-19     amended by adding Article 62.0101 to read as follows:
1-20           Art. 62.0101.  DETERMINATION REGARDING SUBSTANTIALLY SIMILAR
1-21     ELEMENTS OF OFFENSE.  (a)  The department is responsible for
1-22     determining for the purposes of this chapter whether an offense
1-23     under the laws of another state, federal law, or the Uniform Code
1-24     of Military Justice contains elements that are substantially
1-25     similar to the elements of an offense under the laws of this state.
 2-1           (b)  An appeal of a determination made under this article
 2-2     shall be brought in a district court in Travis County.
 2-3           SECTION 3.  Subsections (a) and (c), Article 62.021, Code of
 2-4     Criminal Procedure, are amended to read as follows:
 2-5           (a)  This article applies to a person who:
 2-6                 (1)  is required to register as a sex offender under:
 2-7                       (A)  the laws of another state with which the
 2-8     department has entered into a reciprocal registration agreement; or
 2-9                       (B)  federal law or the Uniform Code of Military
2-10     Justice; and
2-11                 (2)  [who] is not otherwise required to register under
2-12     this chapter because:
2-13                       (A) [(1)]  the person does not have a reportable
2-14     conviction for an offense under the laws of the other state,
2-15     federal law, or the Uniform Code of Military Justice containing
2-16     elements that are substantially similar to an offense requiring
2-17     registration under this chapter; or
2-18                       (B) [(2)]  the person does not have a reportable
2-19     adjudication of delinquent conduct based on a violation of an
2-20     offense under the laws of the other state or federal law containing
2-21     elements that are substantially similar to an offense requiring
2-22     registration under this chapter.
2-23           (c)  The [expiration of the] duty to register for a person
2-24     described by Subsection (a) expires on the date the person's duty
2-25     to register would expire under the laws of [in] the other state had
2-26     the person remained in that state, under federal law, or under the
 3-1     Uniform Code of Military Justice, as applicable.
 3-2           SECTION 4.  Article 62.03, Code of Criminal Procedure, is
 3-3     amended by adding Subsection (i) to read as follows:
 3-4           (i)  If a person who is subject to the newspaper publication
 3-5     requirements of Subsection (e) is not under community supervision,
 3-6     parole, or mandatory supervision, the local law enforcement
 3-7     authority obtaining publication of notice regarding the person as
 3-8     required by that subsection shall collect from the person an amount
 3-9     equal to the cost incurred by the authority in obtaining the
3-10     publication.  The cost of the publication of notice must be
3-11     established by written receipt.
3-12           SECTION 5.  Article 62.04, Code of Criminal Procedure, is
3-13     amended by adding Subsection (j) to read as follows:
3-14           (j)  If a person who is subject to the newspaper publication
3-15     requirements of Subsection (f) is not under community supervision,
3-16     parole, or mandatory supervision, the local law enforcement
3-17     authority obtaining publication of notice regarding the person as
3-18     required by that subsection shall collect from the person an amount
3-19     equal to the cost incurred by the authority in obtaining the
3-20     publication.  The cost of the publication of notice must be
3-21     established by written receipt.
3-22           SECTION 6.  Subsection (b), Article 62.045, Code of Criminal
3-23     Procedure, is amended to read as follows:
3-24           (b)  The department shall provide the notice in English and
3-25     Spanish and shall include in the notice any information that is
3-26     public information under this chapter.  The department may not
 4-1     include any information that is not public information under this
 4-2     chapter.
 4-3           SECTION 7.  Subsection (e), Article 62.045, Code of Criminal
 4-4     Procedure, is amended to read as follows:
 4-5           (e)  An owner, builder, seller, or lessor of a single-family
 4-6     residential real property or any improvement to residential real
 4-7     property or that person's broker, salesperson, or other agent or
 4-8     representative in a residential real estate transaction does not
 4-9     have a [the owner's agent has no] duty to make a disclosure to a
4-10     prospective buyer or lessee [tenant] about registrants under this
4-11     chapter.  To the extent of any conflict between this subsection and
4-12     another law imposing a duty to disclose information about
4-13     registered sex offenders, this subsection controls.
4-14           SECTION 8.  Subsection (b), Article 62.0451, Code of Criminal
4-15     Procedure, is amended to read as follows:
4-16           (b)  The department shall provide the notice in English and
4-17     Spanish and shall include in the notice any information that is
4-18     public information under this chapter.  The department may not
4-19     include any information that is not public information under this
4-20     chapter.
4-21           SECTION 9.  Article 62.06, Code of Criminal Procedure, is
4-22     amended by adding Subsection (e) to read as follows:
4-23           (e)  For purposes of this article, a person receives multiple
4-24     convictions or orders of deferred adjudication regardless of
4-25     whether:
4-26                 (1)  the judgments or orders are entered on different
 5-1     dates; or
 5-2                 (2)  the offenses for which the person was convicted or
 5-3     placed on deferred adjudication arose out of different criminal
 5-4     transactions.
 5-5           SECTION 10.  Article 62.08, Code of Criminal Procedure, is
 5-6     amended to read as follows:
 5-7           Art. 62.08.  CENTRAL DATABASE; PUBLIC INFORMATION.  (a)  The
 5-8     department shall maintain a computerized central database
 5-9     containing only the information required for registration under
5-10     this chapter.
5-11           (b)  The information contained in the database is public
5-12     information, with the exception of any information:
5-13                 (1)  regarding the person's social security number,
5-14     driver's license number, or telephone number;
5-15                 (2)  that is required by the department under Article
5-16     62.02(b)(5); or
5-17                 (3)  that would identify the victim of the offense for
5-18     which the person is subject to registration.
5-19           (c)  Notwithstanding Chapter 730, Transportation Code, the
5-20     department shall maintain in the database, and shall post on any
5-21     department website related to the database, any photograph of the
5-22     person that is available through the process for obtaining or
5-23     renewing a personal identification certificate or driver's license
5-24     under Section 521.103 or 521.272, Transportation Code.  The
5-25     department shall update the photograph in the database and on the
5-26     website annually or as the photograph otherwise becomes available
 6-1     through the renewal process for the certificate or license.
 6-2           (d)  A local law enforcement authority shall release public
 6-3     information described under Subsection (b) to any person who
 6-4     submits to the authority a written request for the information.
 6-5     The authority may charge the person a fee not to exceed the amount
 6-6     reasonably necessary to cover the administrative costs associated
 6-7     with the authority's release of information to the person under
 6-8     this subsection.
 6-9           (e) [(d)]  On the written request of a licensing authority
6-10     that identifies an individual and states that the individual is an
6-11     applicant for or a holder of a license issued by the authority, the
6-12     department shall release any information described by Subsection
6-13     (a) to the licensing authority.
6-14           (f) [(e)]  For the purposes of Subsection (e) [(d)]:
6-15                 (1)  "License" means a license, certificate,
6-16     registration, permit, or other authorization that:
6-17                       (A)  is issued by a licensing authority; and
6-18                       (B)  a person must obtain to practice or engage
6-19     in a particular business, occupation, or profession.
6-20                 (2)  "Licensing authority" means a department,
6-21     commission, board, office, or other agency of the state or a
6-22     political subdivision of the state that issues a license.
6-23           SECTION 11.  Article 62.11, Code of Criminal Procedure, is
6-24     amended to read as follows:
6-25           Art. 62.11.  APPLICABILITY.  (a)  This chapter applies only
6-26     to a reportable conviction or adjudication occurring on or after
 7-1     September 1, 1970, except that the provisions of Articles 62.03 and
 7-2     62.04 of this chapter relating to the requirement of newspaper
 7-3     publication apply only to a reportable conviction or adjudication
 7-4     occurring on or after:
 7-5                 (1)  September 1, 1997, if the conviction or
 7-6     adjudication relates to an offense under Section 43.05, Penal Code;
 7-7     or
 7-8                 (2)  September 1, 1995, if the conviction or
 7-9     adjudication relates to any other offense listed in Article
7-10     62.01(5).
7-11           (b)  Except as provided by Subsection (c), the duties imposed
7-12     on a person required to register under this chapter on the basis of
7-13     a reportable conviction or adjudication, and the corresponding
7-14     duties and powers of other entities in relation to the person
7-15     required to register on the basis of that conviction or
7-16     adjudication, are not affected by:
7-17                 (1)  an appeal of the conviction or adjudication; or
7-18                 (2)  a pardon of the conviction or adjudication.
7-19           (c)  If a conviction or adjudication that is the basis of a
7-20     duty to register under this chapter is set aside on appeal by a
7-21     court or if the person required to register under this chapter on
7-22     the basis of a conviction or adjudication receives a pardon on the
7-23     basis of subsequent proof of innocence, the duties imposed on the
7-24     person by this chapter and the corresponding duties and powers of
7-25     other entities in relation to the person are terminated.
7-26           SECTION 12.  Subsection (a), Article 62.12, Code of Criminal
 8-1     Procedure, is amended to read as follows:
 8-2           (a)  The duty to register for a person ends when the person
 8-3     dies if the person has [with] a reportable conviction or
 8-4     adjudication, other than an adjudication of delinquent conduct,
 8-5     for:
 8-6                 (1)  a sexually violent offense;
 8-7                 (2)  [or for] an offense under Section 25.02,
 8-8     43.05(a)(2), or 43.26, Penal Code;
 8-9                 (3)  an offense under Section 21.11(a)(2), Penal Code,
8-10     if before or after the person is convicted or adjudicated for the
8-11     offense under Section 21.11(a)(2), Penal Code, the person receives
8-12     or has received another reportable conviction or adjudication,
8-13     other than an adjudication of delinquent conduct, for an offense or
8-14     conduct that requires registration under this chapter; or
8-15                 (4)  an offense under Section 20.02, 20.03, or 20.04,
8-16     Penal Code, or an attempt, conspiracy, or solicitation to commit
8-17     one of those offenses, if:
8-18                       (A)  the judgment in the case contains an
8-19     affirmative finding under Article 42.015, as added by Chapter 1193,
8-20     Acts of the 76th Legislature, Regular Session, 1999, or for a
8-21     deferred adjudication, the papers in the case contain an
8-22     affirmative finding that the victim or intended victim was younger
8-23     than 17 years of age; and
8-24                       (B)  before or after the person is convicted or
8-25     adjudicated for the offense under Section 20.02, 20.03, or 20.04,
8-26     Penal Code, the person receives or has received another reportable
 9-1     conviction or adjudication, other than an adjudication of
 9-2     delinquent conduct, for an offense or conduct that requires
 9-3     registration under this chapter[, ends when the person dies].
 9-4           SECTION 13.  Subsections (a) and (b), Section 54.0405, Family
 9-5     Code, are amended to read as follows:
 9-6           (a)  If a court or jury makes a disposition under Section
 9-7     54.04 in which a child described by Subsection (b) is placed on
 9-8     probation [and the court determines that the victim of the offense
 9-9     was a child as defined by Section 22.011(c), Penal Code], the
9-10     court:
9-11                 (1)  may require as a condition of probation that the
9-12     child:
9-13                       (A) [(1)]  attend psychological counseling
9-14     sessions for sex offenders as provided by Subsection (e); and
9-15                       (B) [(2)]  submit to a polygraph examination as
9-16     provided by Subsection (f) for purposes of evaluating the child's
9-17     treatment progress; and
9-18                 (2)  shall require as a condition of probation that the
9-19     child:
9-20                       (A)  register under Chapter 62, Code of Criminal
9-21     Procedure; and
9-22                       (B)  submit a blood sample or other specimen to
9-23     the Department of Public Safety under Subchapter G, Chapter 411,
9-24     Government Code, for the purpose of creating a DNA record of the
9-25     child, unless the child has already submitted the required specimen
9-26     under other state law.
 10-1          (b)  This section applies to a child placed on probation for
 10-2    conduct constituting an offense for which the child is required to
 10-3    register as a sex offender under Chapter 62, Code of Criminal
 10-4    Procedure[:]
 10-5                [(1)  under Section 21.08, 21.11, 22.011, 22.021, or
 10-6    25.02, Penal Code;]
 10-7                [(2)  under Section 20.04(a)(4), Penal Code, if the
 10-8    child engaged in the conduct with the intent to violate or abuse
 10-9    the victim sexually; or]
10-10                [(3)  under Section 30.02, Penal Code, punishable under
10-11    Subsection (d) of that section, if the child engaged in the conduct
10-12    with the intent to commit a felony listed in Subdivision (1) or (2)
10-13    of this subsection].
10-14          SECTION 14.  Subsection (a), Section 411.148, Government
10-15    Code, is amended to read as follows:
10-16          (a)  An inmate of the institutional division or other penal
10-17    institution shall provide one or more blood samples or other
10-18    specimens taken by or at the request of the institutional division
10-19    for the purpose of creating a DNA record if the inmate has not
10-20    already provided the required specimen under other state law and if
10-21    the inmate is ordered by a court to give the sample or specimen or
10-22    is serving a sentence for:
10-23                (1)  an offense:
10-24                      (A)  under Section 19.02, Penal Code (murder), or
10-25    Section 22.02, Penal Code (aggravated assault);
10-26                      (B)  under Section 30.02, Penal Code (burglary),
 11-1    if the offense is punishable under Subsection (c)(2) or (d) of that
 11-2    section; or
 11-3                      (C)  for which the inmate is required to register
 11-4    as a sex offender under Chapter 62, Code of Criminal Procedure[, as
 11-5    added by Chapter 668, Acts of the 75th Legislature, Regular
 11-6    Session, 1997]; or
 11-7                (2)  any offense if the inmate has previously been
 11-8    convicted of or adjudicated as having engaged in:
 11-9                      (A)  an offense described in Subsection (a)(1);
11-10    or
11-11                      (B)  an offense under federal law or laws of
11-12    another state that involves the same conduct as an offense
11-13    described by Subsection (a)(1).
11-14          SECTION 15.  Subsection (a), Section 411.150, Government
11-15    Code, is amended to read as follows:
11-16          (a)  A juvenile who is committed to the Texas Youth
11-17    Commission shall provide one or more blood samples or other
11-18    specimens taken by or at the request of the commission for the
11-19    purpose of creating a DNA record if the juvenile has not already
11-20    provided the required specimen under other state law and if the
11-21    juvenile is ordered by a juvenile court to give the sample or
11-22    specimen or is committed to the commission for an adjudication as
11-23    having engaged in delinquent conduct that violates:
11-24                (1)  an offense:
11-25                      (A)  under Section 19.02, Penal Code (murder), or
11-26    Section 22.02, Penal Code (aggravated assault);
 12-1                      (B)  under Section 30.02, Penal Code (burglary),
 12-2    if the offense is punishable under Subsection (c)(2) or (d) of that
 12-3    section; or
 12-4                      (C)  for which the juvenile is required to
 12-5    register as a sex offender under Chapter 62, Code of Criminal
 12-6    Procedure[, as added by Chapter 668, Acts of the 75th Legislature,
 12-7    Regular Session, 1997]; or
 12-8                (2)  a penal law if the juvenile has previously been
 12-9    convicted of or adjudicated as having engaged in:
12-10                      (A)  a violation of a penal law described in
12-11    Subsection (a)(1); or
12-12                      (B)  a violation of a penal law under federal law
12-13    or the laws of another state that involves the same conduct as a
12-14    violation of a penal law described by Subsection (a)(1).
12-15          SECTION 16.  Subsection (a), Section 508.186, Government
12-16    Code, is amended to read as follows:
12-17          (a)  A parole panel shall require as a condition of parole or
12-18    mandatory supervision that a releasee required to register as a sex
12-19    offender under Chapter 62, Code of Criminal Procedure:
12-20                (1)  register under that chapter; [and]
12-21                (2)  pay to the releasee's supervising officer an
12-22    amount equal to the cost, as evidenced by written receipt, incurred
12-23    by the applicable local law enforcement authority for providing
12-24    notice for publication to a newspaper as required by that chapter;
12-25    and
12-26                (3)  submit a blood sample or other specimen to the
 13-1    Department of Public Safety under Subchapter G, Chapter 411, for
 13-2    the purpose of creating a DNA record of the releasee, unless the
 13-3    releasee has already submitted the required specimen under other
 13-4    state law.
 13-5          SECTION 17.  Subsections (a) and (b), Section 61.0813, Human
 13-6    Resources Code, are amended to read as follows:
 13-7          (a)  Before releasing a child described by Subsection (b)
 13-8    under supervision, the commission:
 13-9                (1)  may require as a condition of release that the
13-10    child:
13-11                      (A) [(1)]  attend psychological counseling
13-12    sessions for sex offenders as provided by Subsection (e); and
13-13                      (B) [(2)]  submit to a polygraph examination as
13-14    provided by Subsection (f) for purposes of evaluating the child's
13-15    treatment progress; and
13-16                (2)  shall require as a condition of release that the
13-17    child:
13-18                      (A)  register under Chapter 62, Code of Criminal
13-19    Procedure; and
13-20                      (B)  submit a blood sample or other specimen to
13-21    the Department of Public Safety under Subchapter G, Chapter 411,
13-22    Government Code, for the purpose of creating a DNA record of the
13-23    child, unless the child has already submitted the required specimen
13-24    under other state law.
13-25          (b)  This section applies to a child [only if:]
13-26                [(1)  the child has been] adjudicated for engaging in
 14-1    delinquent conduct constituting an offense for which the child is
 14-2    required to register as a sex offender under Chapter 62, Code of
 14-3    Criminal Procedure[:]
 14-4                      [(A)  under Section 21.08, 21.11, 22.011, 22.021,
 14-5    or 25.02, Penal Code;]
 14-6                      [(B)  under Section 20.04(a)(4), Penal Code, if
 14-7    the child engaged in the conduct with the intent to violate or
 14-8    abuse the victim sexually; or]
 14-9                      [(C)  under Section 30.02, Penal Code, punishable
14-10    under Subsection (d) of that section, if the child engaged in the
14-11    conduct with the intent to commit a felony listed in Paragraph (A)
14-12    or (B) of this subdivision; and]
14-13                [(2)  the victim of the conduct described by
14-14    Subdivision (1) was a child as defined by Section 22.011(c), Penal
14-15    Code].
14-16          SECTION 18.  (a)  The change in law made by Sections 1, 13,
14-17    16, and 17 of this Act applies to an offense committed or conduct
14-18    engaged in before, on, or after the effective date of this Act.
14-19          (b)  If a defendant, releasee, or child is required as a
14-20    condition of community supervision, parole, or mandatory
14-21    supervision to submit a blood sample or other specimen to the
14-22    Department of Public Safety of the State of Texas and that person
14-23    has not previously submitted the required specimen under other
14-24    state law, the court, the parole panel, or the Texas Youth
14-25    Commission shall modify the conditions of supervision or parole, as
14-26    applicable, to require the submission of the specimen.
 15-1          SECTION 19.  The change in law made by this Act in adding
 15-2    Article 62.0101 and Subsection (e), Article 62.06, Code of Criminal
 15-3    Procedure, and in amending Article 62.021, Code of Criminal
 15-4    Procedure, applies to a person required to register as a sex
 15-5    offender under Chapter 62, Code of Criminal Procedure, under the
 15-6    laws of another state, under federal law, or under the Uniform Code
 15-7    of Military Justice before, on, or after the effective date of this
 15-8    Act.
 15-9          SECTION 20.  The change in law made by this Act in adding
15-10    Subsection (i), Article 62.03, and Subsection (j), Article 62.04,
15-11    Code of Criminal Procedure, applies only to an offense committed on
15-12    or after the effective date of this Act.  An offense committed
15-13    before the effective date of this Act is covered by the law in
15-14    effect when the offense was committed, and the former law is
15-15    continued in effect for that purpose.  For purposes of this
15-16    section, an offense was committed before the effective date of this
15-17    Act if any element of the offense occurred before that date.
15-18          SECTION 21.  The change in law made by this Act in amending
15-19    Article 62.11, Code of Criminal Procedure, applies to an offense
15-20    committed or conduct engaged in before, on, or after the effective
15-21    date of this Act.
15-22          SECTION 22.  The change in law made by this Act in amending
15-23    Subsection (a), Article 62.12, Code of Criminal Procedure, applies
15-24    to a defendant with a reportable conviction or adjudication for an
15-25    offense or conduct under Subdivision (2), Subsection (a), Section
15-26    21.11, Penal Code, that was committed before, on, or after the
 16-1    effective date of this Act, and a defendant with a reportable
 16-2    conviction or adjudication for an offense or conduct under Section
 16-3    20.02, 20.03, or 20.04, Penal Code, that was committed on or after
 16-4    September 1, 1999.
 16-5          SECTION 23.  This Act takes effect September 1, 2001.
         _______________________________     _______________________________
             President of the Senate              Speaker of the House
               I hereby certify that S.B. No. 1380 passed the Senate on
         April 4, 2001, by a viva-voce vote; and that the Senate concurred
         in House amendments on May 8, 2001, by a viva-voce vote.
                                             _______________________________
                                                 Secretary of the Senate
               I hereby certify that S.B. No. 1380 passed the House, with
         amendments, on May 3, 2001, by a non-record vote.
                                             _______________________________
                                                Chief Clerk of the House
         Approved:
         _______________________________
                      Date
         _______________________________
                    Governor