S.B. 146 78(R)    BILL ANALYSIS


S.B. 146
By: Estes
Law Enforcement
Committee Report (Unamended)



BACKGROUND AND PURPOSE 

A sex offender must report to the proper law enforcement agency every year
or every 90 days to update most registry information, depending on his or
her criminal record.  However, if there is a change that affects the sex
offender's physical health or job status, notification must be made within
seven days of the change.  Under current law, a sex offender is not
required to report a name change until the periodic registry update, up to
364 days from the date of the change.  Senate Bill 146 requires a person
that must register as a sex offender who changes his or her name to report
the name change to the local law enforcement agency within seven days.
Further, the bill provides that before a court grants a name change, it
must determine that the name change is in the public interest and a person
who is required to register as a sex offender must provide proof to the
court that the person has notified the local law enforcement agency of the
proposed name change. 

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

Senate Bill 146 amends Chapter 62 of the Code of Criminal Procedure to
require that a person subject to registration requirements under this
chapter report to local law enforcement any change in his or her name
within seven days of the change.  A court order would be sufficient
notification of a successful name change, but the person must notify the
authority "promptly" in case of a denial of a petition for a change of
name.  Chapter 62 of the Code of Criminal Procedure is also amended to
require an officer supervising a person subject to registration who
becomes aware that the person has changed his or her name to report the
change to local law enforcement (this includes adult and juvenile
probation, parole, and community supervision officers).  

Senate Bill 146 also amends Chapter 45 of the Family Code to require that
petitions to change the name of a child or an adult include whether that
person is subject to sex offender registration requirements.  The bill
sets out that a court may not grant an order to change the name of such a
child unless the change is in the interest of the public and the person
petitioning on behalf of the child provides proof that local law
enforcement has been notified of the proposed name change.  Under this
Act, a court may not grant an order to change the name of an adult unless
the change is in the interest or to the benefit of the petitioner and in
the interest of the public and the person provides the court with proof
that the person has notified local law enforcement of the proposed name
change. 

The change in law made by this Act amending Article 62.05, Code of
Criminal Procedure, applies to a person subject to registration under
Chapter 62, Code of Criminal Procedure, for an offense or conduct that was
committed before, on, or after the effective date of this Act.   

The change in law made by this Act amending the Family Code applies only
to a petition for a name change made on or after the effective date of
this Act.  The former law is in effect for petitions filed before the
effective date of this Act.   

EFFECTIVE DATE

This Act takes effect September 1, 2003.