By:  Bernsen                                          S.B. No. 1648
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the application of the sex offender registration
 1-3     program to certain persons who violate the laws of another state or
 1-4     violate federal law, including military law.
 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-6           SECTION 1.  Chapter 62, Code of Criminal Procedure, is
 1-7     amended by adding Article 62.0101 to read as follows:
 1-8           Art. 62.0101.  DETERMINATION REGARDING SUBSTANTIALLY SIMILAR
 1-9     ELEMENTS OF OFFENSE.  (a)  The department is responsible for
1-10     determining for the purposes of this chapter whether an offense
1-11     under the laws of another state, federal law, or the Uniform Code
1-12     of Military Justice contains elements that are substantially
1-13     similar to the elements of an offense under the laws of this state.
1-14           (b)  An appeal of a determination made under this article
1-15     shall be brought in a district court in Travis County.
1-16           SECTION 2.  Subsections (a) and (c), Article 62.021, Code of
1-17     Criminal Procedure, are amended to read as follows:
1-18           (a)  This article applies to a person who:
1-19                 (1)  is required to register as a sex offender under:
1-20                       (A)  the laws of another state with which the
1-21     department has entered into a reciprocal registration agreement; or
1-22                       (B)  federal law or the Uniform Code of Military
1-23     Justice; and
1-24                 (2)  [who] is not otherwise required to register under
1-25     this chapter because:
 2-1                       (A) [(1)]  the person does not have a reportable
 2-2     conviction for an offense under the laws of the other state,
 2-3     federal law, or the Uniform Code of Military Justice containing
 2-4     elements that are substantially similar to an offense requiring
 2-5     registration under this chapter; or
 2-6                       (B) [(2)]  the person does not have a reportable
 2-7     adjudication of delinquent conduct based on a violation of an
 2-8     offense under the laws of the other state or federal law containing
 2-9     elements that are substantially similar to an offense requiring
2-10     registration under this chapter.
2-11           (c)  The [expiration of the] duty to register for a person
2-12     described by Subsection (a) expires on the date the person's duty
2-13     to register would expire under the laws of [in] the other state had
2-14     the person remained in that state, under federal law, or under the
2-15     Uniform Code of Military Justice, as applicable.
2-16           SECTION 3.  The change in law made by this Act in adding
2-17     Article 62.0101, Code of Criminal Procedure, and in amending
2-18     Article 62.021, Code of Criminal Procedure, applies to a person
2-19     required to register as a sex offender under Chapter 62, Code of
2-20     Criminal Procedure, under the laws of another state, under federal
2-21     law, or under the Uniform Code of Military Justice before, on, or
2-22     after the effective date of this Act.
2-23           SECTION 4.  This Act takes effect September 1, 2001.