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.