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                                  * * * * *