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