By: Bernsen S.B. No. 1648
2001S0777/1
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.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Chapter 62, Code of Criminal Procedure, is
1-6 amended by adding Article 62.0101 to read as follows:
1-7 Art. 62.0101. DETERMINATION REGARDING SUBSTANTIALLY SIMILAR
1-8 ELEMENTS OF OFFENSE. The department is responsible for determining
1-9 for the purpose of this chapter whether an offense under the laws
1-10 of another state, federal law, or the Uniform Code of Military
1-11 Justice contains elements that are substantially similar to the
1-12 elements of an offense under the laws of this state.
1-13 SECTION 2. Subsections (a) and (c), Article 62.021, Code of
1-14 Criminal Procedure, are amended to read as follows:
1-15 (a) This article applies to a person who:
1-16 (1) is required to register as a sex offender under:
1-17 (A) the laws of another state with which the
1-18 department has entered into a reciprocal registration agreement; or
1-19 (B) federal law or the Uniform Code of Military
1-20 Justice; and
1-21 (2) [who] is not otherwise required to register under
1-22 this chapter because:
1-23 (A) [(1)] the person does not have a reportable
1-24 conviction for an offense under the laws of the other state,
1-25 federal law, or the Uniform Code of Military Justice containing
2-1 elements that are substantially similar to an offense requiring
2-2 registration under this chapter; or
2-3 (B) [(2)] the person does not have a reportable
2-4 adjudication of delinquent conduct based on a violation of an
2-5 offense under the laws of the other state or federal law containing
2-6 elements that are substantially similar to an offense requiring
2-7 registration under this chapter.
2-8 (c) The expiration of the duty to register for a person
2-9 described by Subsection (a) expires on the date the person's duty
2-10 to register would expire under the laws of [in] the other state had
2-11 the person remained in that state, under federal law, or under the
2-12 Uniform Code of Military Justice, as applicable.
2-13 SECTION 3. Article 62.06, Code of Criminal Procedure, is
2-14 amended by adding Subsection (e) to read as follows:
2-15 (e) For purposes of this article, a person received multiple
2-16 convictions or orders of deferred adjudication regardless of
2-17 whether:
2-18 (1) the judgments or orders were entered on different
2-19 dates; or
2-20 (2) the offenses for which the person was convicted or
2-21 placed on deferred adjudication arose out of different criminal
2-22 transactions.
2-23 SECTION 4. This Act applies to a person required to register
2-24 as a sex offender under Chapter 62, Code of Criminal Procedure,
2-25 under the laws of another state, under federal law, or under the
2-26 Uniform Code of Military Justice before, on, or after the effective
3-1 date of this Act.
3-2 SECTION 5. This Act takes effect immediately if it receives
3-3 a vote of two-thirds of all the members elected to each house, as
3-4 provided by Section 39, Article III, Texas Constitution. If this
3-5 Act does not receive the vote necessary for immediate effect, this
3-6 Act takes effect September 1, 2001.