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.