77R13492 GWK-D
By Armbrister S.B. No. 1380
Substitute the following for S.B. No. 1380:
By Turner of Coleman C.S.S.B. No. 1380
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 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. 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. (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
2-1 similar to the elements of an offense under the laws of this state.
2-2 (b) An appeal of a determination made under this article
2-3 shall be brought in a district court in Travis County.
2-4 SECTION 3. Articles 62.021(a) and (c), Code of Criminal
2-5 Procedure, are amended to read as follows:
2-6 (a) This article applies to a person who:
2-7 (1) is required to register as a sex offender under:
2-8 (A) the laws of another state with which the
2-9 department has entered into a reciprocal registration agreement; or
2-10 (B) federal law or the Uniform Code of Military
2-11 Justice; and
2-12 (2) [who] is not otherwise required to register under
2-13 this chapter because:
2-14 (A) [(1)] the person does not have a reportable
2-15 conviction for an offense under the laws of the other state,
2-16 federal law, or the Uniform Code of Military Justice containing
2-17 elements that are substantially similar to an offense requiring
2-18 registration under this chapter; or
2-19 (B) [(2)] the person does not have a reportable
2-20 adjudication of delinquent conduct based on a violation of an
2-21 offense under the laws of the other state or federal law containing
2-22 elements that are substantially similar to an offense requiring
2-23 registration under this chapter.
2-24 (c) The [expiration of the] duty to register for a person
2-25 described by Subsection (a) expires on the date the person's duty
2-26 to register would expire under the laws of [in] the other state had
2-27 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. Article 62.045(e), Code of Criminal Procedure, is
3-23 amended to read as follows:
3-24 (e) An owner, builder, seller, or lessor of a single-family
3-25 residential real property or any improvement to residential real
3-26 property or that person's broker, salesperson, or other agent or
3-27 representative in a residential real estate transaction does not
4-1 have a [the owner's agent has no] duty to make a disclosure to a
4-2 prospective buyer or lessee [tenant] about registrants under this
4-3 chapter. To the extent of any conflict between this subsection and
4-4 another law imposing a duty to disclose information about
4-5 registered sex offenders, this subsection controls.
4-6 SECTION 7. Article 62.06, Code of Criminal Procedure, is
4-7 amended by adding Subsection (e) to read as follows:
4-8 (e) For purposes of this article, a person receives multiple
4-9 convictions or orders of deferred adjudication regardless of
4-10 whether:
4-11 (1) the judgments or orders are entered on different
4-12 dates; or
4-13 (2) the offenses for which the person was convicted or
4-14 placed on deferred adjudication arose out of different criminal
4-15 transactions.
4-16 SECTION 8. Article 62.11, Code of Criminal Procedure, is
4-17 amended to read as follows:
4-18 Art. 62.11. APPLICABILITY. (a) This chapter applies only
4-19 to a reportable conviction or adjudication occurring on or after
4-20 September 1, 1970, except that the provisions of Articles 62.03 and
4-21 62.04 of this chapter relating to the requirement of newspaper
4-22 publication apply only to a reportable conviction or adjudication
4-23 occurring on or after:
4-24 (1) September 1, 1997, if the conviction or
4-25 adjudication relates to an offense under Section 43.05, Penal Code;
4-26 or
4-27 (2) September 1, 1995, if the conviction or
5-1 adjudication relates to any other offense listed in Article
5-2 62.01(5).
5-3 (b) Except as provided by Subsection (c), the duties imposed
5-4 on a person required to register under this chapter on the basis of
5-5 a reportable conviction or adjudication, and the corresponding
5-6 duties and powers of other entities in relation to the person
5-7 required to register on the basis of that conviction or
5-8 adjudication, are not affected by:
5-9 (1) an appeal of the conviction or adjudication; or
5-10 (2) a pardon of the conviction or adjudication.
5-11 (c) If a conviction or adjudication that is the basis of a
5-12 duty to register under this chapter is set aside on appeal by a
5-13 court or if the person required to register under this chapter on
5-14 the basis of a conviction or adjudication receives a pardon on the
5-15 basis of subsequent proof of innocence, the duties imposed on the
5-16 person by this chapter and the corresponding duties and powers of
5-17 other entities in relation to the person are terminated.
5-18 SECTION 9. Article 62.12(a), Code of Criminal Procedure, is
5-19 amended to read as follows:
5-20 (a) The duty to register for a person ends when the person
5-21 dies if the person has [with] a reportable conviction or
5-22 adjudication, other than an adjudication of delinquent conduct,
5-23 for:
5-24 (1) a sexually violent offense;
5-25 (2) [or for] an offense under Section 25.02,
5-26 43.05(a)(2), or 43.26, Penal Code;
5-27 (3) an offense under Section 21.11(a)(2), Penal Code,
6-1 if before or after the person is convicted or adjudicated for the
6-2 offense under Section 21.11(a)(2), Penal Code, the person receives
6-3 or has received another reportable conviction or adjudication,
6-4 other than an adjudication of delinquent conduct, for an offense or
6-5 conduct that requires registration under this chapter; or
6-6 (4) an offense under Section 20.02, 20.03, or 20.04,
6-7 Penal Code, or an attempt, conspiracy, or solicitation to commit
6-8 one of those offenses, if:
6-9 (A) the judgment in the case contains an
6-10 affirmative finding under Article 42.015, as added by Chapter 1193,
6-11 Acts of the 76th Legislature, Regular Session, 1999, or for a
6-12 deferred adjudication, the papers in the case contain an
6-13 affirmative finding that the victim or intended victim was younger
6-14 than 17 years of age; and
6-15 (B) before or after the person is convicted or
6-16 adjudicated for the offense under Section 20.02, 20.03, or 20.04,
6-17 Penal Code, the person receives or has received another reportable
6-18 conviction or adjudication, other than an adjudication of
6-19 delinquent conduct, for an offense or conduct that requires
6-20 registration under this chapter [, ends when the person dies].
6-21 SECTION 10. Sections 54.0405(a) and (b), Family Code, are
6-22 amended to read as follows:
6-23 (a) If a court or jury makes a disposition under Section
6-24 54.04 in which a child described by Subsection (b) is placed on
6-25 probation [and the court determines that the victim of the offense
6-26 was a child as defined by Section 22.011(c), Penal Code], the
6-27 court:
7-1 (1) may require as a condition of probation that the
7-2 child:
7-3 (A) [(1)] attend psychological counseling
7-4 sessions for sex offenders as provided by Subsection (e); and
7-5 (B) [(2)] submit to a polygraph examination as
7-6 provided by Subsection (f) for purposes of evaluating the child's
7-7 treatment progress; and
7-8 (2) shall require as a condition of probation that the
7-9 child:
7-10 (A) register under Chapter 62, Code of Criminal
7-11 Procedure; and
7-12 (B) submit a blood sample or other specimen to
7-13 the Department of Public Safety under Subchapter G, Chapter 411,
7-14 Government Code, for the purpose of creating a DNA record of the
7-15 child, unless the child has already submitted the required specimen
7-16 under other state law.
7-17 (b) This section applies to a child placed on probation for
7-18 conduct constituting an offense for which the child is required to
7-19 register as a sex offender under Chapter 62, Code of Criminal
7-20 Procedure[:]
7-21 [(1) under Section 21.08, 21.11, 22.011, 22.021, or
7-22 25.02, Penal Code;]
7-23 [(2) under Section 20.04(a)(4), Penal Code, if the
7-24 child engaged in the conduct with the intent to violate or abuse
7-25 the victim sexually; or]
7-26 [(3) under Section 30.02, Penal Code, punishable under
7-27 Subsection (d) of that section, if the child engaged in the conduct
8-1 with the intent to commit a felony listed in Subdivision (1) or (2)
8-2 of this subsection].
8-3 SECTION 11. Section 411.148(a), Government Code, is amended
8-4 to read as follows:
8-5 (a) An inmate of the institutional division or other penal
8-6 institution shall provide one or more blood samples or other
8-7 specimens taken by or at the request of the institutional division
8-8 for the purpose of creating a DNA record if the inmate has not
8-9 already provided the required specimen under other state law and if
8-10 the inmate is ordered by a court to give the sample or specimen or
8-11 is serving a sentence for:
8-12 (1) an offense:
8-13 (A) under Section 19.02, Penal Code (murder), or
8-14 Section 22.02, Penal Code (aggravated assault);
8-15 (B) under Section 30.02, Penal Code (burglary),
8-16 if the offense is punishable under Subsection (c)(2) or (d) of that
8-17 section; or
8-18 (C) for which the inmate is required to register
8-19 as a sex offender under Chapter 62, Code of Criminal Procedure[, as
8-20 added by Chapter 668, Acts of the 75th Legislature, Regular
8-21 Session, 1997]; or
8-22 (2) any offense if the inmate has previously been
8-23 convicted of or adjudicated as having engaged in:
8-24 (A) an offense described in Subsection (a)(1);
8-25 or
8-26 (B) an offense under federal law or laws of
8-27 another state that involves the same conduct as an offense
9-1 described by Subsection (a)(1).
9-2 SECTION 12. Section 411.150(a), Government Code, is amended
9-3 to read as follows:
9-4 (a) A juvenile who is committed to the Texas Youth
9-5 Commission shall provide one or more blood samples or other
9-6 specimens taken by or at the request of the commission for the
9-7 purpose of creating a DNA record if the juvenile has not already
9-8 provided the required specimen under other state law and if the
9-9 juvenile is ordered by a juvenile court to give the sample or
9-10 specimen or is committed to the commission for an adjudication as
9-11 having engaged in delinquent conduct that violates:
9-12 (1) an offense:
9-13 (A) under Section 19.02, Penal Code (murder), or
9-14 Section 22.02, Penal Code (aggravated assault);
9-15 (B) under Section 30.02, Penal Code (burglary),
9-16 if the offense is punishable under Subsection (c)(2) or (d) of that
9-17 section; or
9-18 (C) for which the juvenile is required to
9-19 register as a sex offender under Chapter 62, Code of Criminal
9-20 Procedure[, as added by Chapter 668, Acts of the 75th Legislature,
9-21 Regular Session, 1997]; or
9-22 (2) a penal law if the juvenile has previously been
9-23 convicted of or adjudicated as having engaged in:
9-24 (A) a violation of a penal law described in
9-25 Subsection (a)(1); or
9-26 (B) a violation of a penal law under federal law
9-27 or the laws of another state that involves the same conduct as a
10-1 violation of a penal law described by Subsection (a)(1).
10-2 SECTION 13. Section 508.186(a), Government Code, is amended
10-3 to read as follows:
10-4 (a) A parole panel shall require as a condition of parole or
10-5 mandatory supervision that a releasee required to register as a sex
10-6 offender under Chapter 62, Code of Criminal Procedure:
10-7 (1) register under that chapter; [and]
10-8 (2) pay to the releasee's supervising officer an
10-9 amount equal to the cost, as evidenced by written receipt, incurred
10-10 by the applicable local law enforcement authority for providing
10-11 notice for publication to a newspaper as required by that chapter;
10-12 and
10-13 (3) submit a blood sample or other specimen to the
10-14 Department of Public Safety under Subchapter G, Chapter 411, for
10-15 the purpose of creating a DNA record of the releasee, unless the
10-16 releasee has already submitted the required specimen under other
10-17 state law.
10-18 SECTION 14. Sections 61.0813(a) and (b), Human Resources
10-19 Code, are amended to read as follows:
10-20 (a) Before releasing a child described by Subsection (b)
10-21 under supervision, the commission:
10-22 (1) may require as a condition of release that the
10-23 child:
10-24 (A) [(1)] attend psychological counseling
10-25 sessions for sex offenders as provided by Subsection (e); and
10-26 (B) [(2)] submit to a polygraph examination as
10-27 provided by Subsection (f) for purposes of evaluating the child's
11-1 treatment progress; and
11-2 (2) shall require as a condition of release that the
11-3 child:
11-4 (A) register under Chapter 62, Code of Criminal
11-5 Procedure; and
11-6 (B) submit a blood sample or other specimen to
11-7 the Department of Public Safety under Subchapter G, Chapter 411,
11-8 Government Code, for the purpose of creating a DNA record of the
11-9 child, unless the child has already submitted the required specimen
11-10 under other state law.
11-11 (b) This section applies to a child [only if:]
11-12 [(1) the child has been] adjudicated for engaging in
11-13 delinquent conduct constituting an offense for which the child is
11-14 required to register as a sex offender under Chapter 62, Code of
11-15 Criminal Procedure[:]
11-16 [(A) under Section 21.08, 21.11, 22.011, 22.021,
11-17 or 25.02, Penal Code;]
11-18 [(B) under Section 20.04(a)(4), Penal Code, if
11-19 the child engaged in the conduct with the intent to violate or
11-20 abuse the victim sexually; or]
11-21 [(C) under Section 30.02, Penal Code, punishable
11-22 under Subsection (d) of that section, if the child engaged in the
11-23 conduct with the intent to commit a felony listed in Paragraph (A)
11-24 or (B) of this subdivision; and]
11-25 [(2) the victim of the conduct described by
11-26 Subdivision (1) was a child as defined by Section 22.011(c), Penal
11-27 Code].
12-1 SECTION 15. (a) The change in law made by Sections 1, 10,
12-2 13, and 14 of this Act applies to an offense committed or conduct
12-3 engaged in before, on, or after the effective date of this Act.
12-4 (b) If a defendant, releasee, or child is required as a
12-5 condition of community supervision, parole, or mandatory
12-6 supervision to submit a blood sample or other specimen to the Texas
12-7 Department of Public Safety and that person has not previously
12-8 submitted the required specimen under other state law, the court,
12-9 the parole panel, or the Texas Youth Commission shall modify the
12-10 conditions of supervision or parole, as applicable, to require the
12-11 submission of the specimen.
12-12 SECTION 16. The change in law made by this Act in adding
12-13 Articles 62.0101 and 62.06(e), Code of Criminal Procedure, and in
12-14 amending Article 62.021, Code of Criminal Procedure, applies to a
12-15 person required to register as a sex offender under Chapter 62,
12-16 Code of Criminal Procedure, under the laws of another state, under
12-17 federal law, or under the Uniform Code of Military Justice before,
12-18 on, or after the effective date of this Act.
12-19 SECTION 17. The change in law made by this Act in adding
12-20 Articles 62.03(i) and 62.04(j), Code of Criminal Procedure, applies
12-21 only to an offense committed on or after the effective date of this
12-22 Act. An offense committed before the effective date of this Act is
12-23 covered by the law in effect when the offense was committed, and
12-24 the former law is continued in effect for that purpose. For
12-25 purposes of this section, an offense was committed before the
12-26 effective date of this Act if any element of the offense occurred
12-27 before that date.
13-1 SECTION 18. The change in law made by this Act in amending
13-2 Article 62.11, Code of Criminal Procedure, applies to an offense
13-3 committed or conduct engaged in before, on, or after the effective
13-4 date of this Act.
13-5 SECTION 19. The change in law made by this Act in amending
13-6 Article 62.12(a), Code of Criminal Procedure, applies to a
13-7 defendant with a reportable conviction or adjudication for an
13-8 offense or conduct under Section 21.11(a)(2), Penal Code, that was
13-9 committed before, on, or after the effective date of this Act, and
13-10 a defendant with a reportable conviction or adjudication for an
13-11 offense or conduct under Section 20.02, 20.03, or 20.04, Penal
13-12 Code, that was committed on or after September 1, 1999.
13-13 SECTION 20. This Act takes effect September 1, 2001.