C.S.H.B. 244 78(R)    BILL ANALYSIS


C.S.H.B. 244
By: Allen
Law Enforcement
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Under current law, if the victim of a sex offense is a child younger than
17 years of age, and the basis on which the sex offender is subject to
registration is not an adjudication of delinquent conduct and is not a
conviction or a deferred adjudication for an offense under Section 25.02
of the Penal Code (Prohibited Sexual Conduct, relating to incest), the law
enforcement agency must publish notice in the newspaper of greatest paid
circulation in the county in which the sex offender resides.  

The legislative intent behind the notification exception for crimes of
incest (Section 25.02, Penal Code) was to restrict further humiliation of
incest victims, who are most often school-aged children and whose
identities would be revealed if information identifying a relative as a
sex offender were published in the local paper. 

This exception language has been a cause of confusion regarding the
circumstances under which local law enforcement agencies must publish in a
newspaper information identifying and describing a registered sex
offender.  The Texas Department of Public Safety (DPS) requested an
opinion from the Attorney General on this matter in July of 2002, and
later withdrew its request for an opinion on the basis that this matter
could be clarified through legislation.  C.S.H.B. 244 clarifies which
offenses require newspaper publication and notification to schools.     


RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency, or
institution. 


ANALYSIS

C.S.H.B. 244 amends Chapter 62 of the Code of Criminal Procedure by adding
Article 62.031, "Limitations on Newspaper Publication".  The bill
clarifies that a local law enforcement authority is prohibited from
publishing notice in a newspaper under Article 62.03(e) or 62.04(f) if the
basis on which the person is subject to registration is an adjudication of
delinquent conduct or if the basis is a conviction or deferred
adjudication for an offense under Section 25.02, Penal Code, or the laws
of another state, federal law, or the Uniform Code of Military Justice
that contains elements substantially similar to the elements of an offense
under Section 25.02, Penal Code, if the victim of the offense was younger
than 17 years of age.  The bill also prohibits newspaper publication if
the person subject to registration is assigned a numeric risk level of
one.   

C.S.H.B. 244 amends Chapter 62 of the Code of Criminal Procedure by adding
Article 62.032, "Circumstances Requiring Notice to Superintendent or
School Administrator".  The bill requires a local law enforcement
authority to provide notice, pursuant to Article 62.03(e) or 62.04(f), to
the superintendent and each administrator of every school in the school
district in which the registrant resides only if the basis on which the
person is subject to registration is a conviction, a deferred
adjudication, or an adjudication of delinquent conduct for an offense
under Section 43.25 (Sexual Performance by a Child) or 43.26 (Possession
or Promotion of Child Pornography), Penal Code, or an offense under the
laws of another state, federal law, or the Uniform Code of Military
Justice that contains elements substantially similar to the elements of an
offense under either of those sections. Local law enforcement authorities
are prohibited from providing notice to the superintendent or any
administrator if the basis on which the person is subject to registration
is an adjudication of delinquent conduct or if the basis is a conviction
or deferred adjudication for an offense under Section 25.02 (Prohibited
Sexual Conduct, relating to incest), Penal Code, or the laws of another
state, federal law, or the Uniform Code of Military Justice that contains
elements substantially similar to the elements of an offense under that
section. 

C.S.H.B. 244 amends Articles 62.03(e) and 62.04(f) of the Code of Criminal
Procedure by removing language relating to the requirement of notice
publication in a newspaper regarding a conviction or deferred adjudication
for an offense under Section 25.02 of the Penal Code, and replaces it with
language requiring a local law enforcement authority to provide this
notice in accordance with Articles 62.031 and 62.032, Code of Criminal
Procedure, as created by this Act.     


EFFECTIVE DATE

This Act takes effect September 1, 2003.  


COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 244 modifies the original by adding Articles 62.031 and 62.032 to
the Code of Criminal Procedure, which explicitly state the requirements
for notice publication regarding sex offender registration for a
conviction or deferred adjudication under Sections 25.02 (Prohibited
Sexual Conduct), 43.25 (Sexual Performance by a Child) , or 43.26
(Possession or Promotion of Child Pornography) of the Penal Code.  The
original modified Articles 62.03(e) and 62.04(f) of the Code of Criminal
Procedure to clarify the requirements for notice publication regarding sex
offender registration for a conviction or deferred adjudication under
Section 25.02 (Prohibited Sexual Conduct).   

The substitute removes language in Articles 62.03(e) and 62.04(f) of the
Code of Criminal Procedure relating to the publication of notice regarding
a conviction or deferred adjudication under Section 25.02, Penal Code, and
replaces it with language that references Article 62.031 and Article
62.032, Code of Criminal Procedure.