1-1 By: Bernsen S.B. No. 1648
1-2 (In the Senate - Filed March 9, 2001; March 14, 2001, read
1-3 first time and referred to Committee on Criminal Justice;
1-4 April 3, 2001, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 5, Nays 0; April 3, 2001,
1-6 sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 1648 By: Staples
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to the application of the sex offender registration
1-11 program to certain persons who violate the laws of another state or
1-12 violate federal law, including military law.
1-13 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-14 SECTION 1. Chapter 62, Code of Criminal Procedure, is
1-15 amended by adding Article 62.0101 to read as follows:
1-16 Art. 62.0101. DETERMINATION REGARDING SUBSTANTIALLY SIMILAR
1-17 ELEMENTS OF OFFENSE. (a) The department is responsible for
1-18 determining for the purposes of this chapter whether an offense
1-19 under the laws of another state, federal law, or the Uniform Code
1-20 of Military Justice contains elements that are substantially
1-21 similar to the elements of an offense under the laws of this state.
1-22 (b) An appeal of a determination made under this article
1-23 shall be brought in a district court in Travis County.
1-24 SECTION 2. Subsections (a) and (c), Article 62.021, Code of
1-25 Criminal Procedure, are amended to read as follows:
1-26 (a) This article applies to a person who:
1-27 (1) is required to register as a sex offender under:
1-28 (A) the laws of another state with which the
1-29 department has entered into a reciprocal registration agreement; or
1-30 (B) federal law or the Uniform Code of Military
1-31 Justice; and
1-32 (2) [who] is not otherwise required to register under
1-33 this chapter because:
1-34 (A) [(1)] the person does not have a reportable
1-35 conviction for an offense under the laws of the other state,
1-36 federal law, or the Uniform Code of Military Justice containing
1-37 elements that are substantially similar to an offense requiring
1-38 registration under this chapter; or
1-39 (B) [(2)] the person does not have a reportable
1-40 adjudication of delinquent conduct based on a violation of an
1-41 offense under the laws of the other state or federal law containing
1-42 elements that are substantially similar to an offense requiring
1-43 registration under this chapter.
1-44 (c) The [expiration of the] duty to register for a person
1-45 described by Subsection (a) expires on the date the person's duty
1-46 to register would expire under the laws of [in] the other state had
1-47 the person remained in that state, under federal law, or under the
1-48 Uniform Code of Military Justice, as applicable.
1-49 SECTION 3. The change in law made by this Act in adding
1-50 Article 62.0101, Code of Criminal Procedure, and in amending
1-51 Article 62.021, Code of Criminal Procedure, applies to a person
1-52 required to register as a sex offender under Chapter 62, Code of
1-53 Criminal Procedure, under the laws of another state, under federal
1-54 law, or under the Uniform Code of Military Justice before, on, or
1-55 after the effective date of this Act.
1-56 SECTION 4. This Act takes effect September 1, 2001.
1-57 * * * * *