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78R7595 EMT-D
By: Wise H.B. No. 2275
A BILL TO BE ENTITLED
AN ACT
relating to registration as a sex offender in this state based on
certain offenses or conduct committed in a foreign country.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Articles 62.01(5) and (6), Code of Criminal
Procedure, are amended to read as follows:
(5) "Reportable conviction or adjudication" means a
conviction or adjudication, regardless of the pendency of an
appeal, that is:
(A) a conviction for a violation of Section 21.11
(Indecency with a child), 22.011 (Sexual assault), 22.021
(Aggravated sexual assault), or 25.02 (Prohibited sexual conduct),
Penal Code;
(B) a conviction for a violation of Section 43.05
(Compelling prostitution), 43.25 (Sexual performance by a child),
or 43.26 (Possession or promotion of child pornography), Penal
Code;
(C) a conviction for a violation of Section
20.04(a)(4) (Aggravated kidnapping), Penal Code, if the defendant
committed the offense with intent to violate or abuse the victim
sexually;
(D) a conviction for a violation of Section 30.02
(Burglary), Penal Code, if the offense is punishable under
Subsection (d) of that section and the defendant committed the
offense with intent to commit a felony listed in Paragraph (A) or
(C);
(E) a conviction for a violation of Section 20.02
(Unlawful restraint), 20.03 (Kidnapping), or 20.04 (Aggravated
kidnapping), Penal Code, if the judgment in the case contains an
affirmative finding under Article 42.015;
(F) the second conviction for a violation of
Section 21.08 (Indecent exposure), Penal Code;
(G) a conviction for an attempt, conspiracy, or
solicitation, as defined by Chapter 15, Penal Code, to commit an
offense listed in Paragraph (A), (B), (C), (D), or (E);
(H) an adjudication of delinquent conduct:
(i) based on a violation of one of the
offenses listed in Paragraph (A), (B), (C), (D), or (G) or, if the
order in the hearing contains an affirmative finding that the
victim or intended victim was younger than 17 years of age, one of
the offenses listed in Paragraph (E); or
(ii) for which two violations of the
offense listed in Paragraph (F) are shown;
(I) a deferred adjudication for an offense listed
in:
(i) Paragraph (A), (B), (C), (D), or (G);
or
(ii) Paragraph (E) if the papers in the case
contain an affirmative finding that the victim or intended victim
was younger than 17 years of age;
(J) a conviction under the laws of another state,
federal law, the laws of a foreign country, or the Uniform Code of
Military Justice for an offense containing elements that are
substantially similar to the elements of an offense listed under
Paragraph (A), (B), (C), (D), (E), or (G);
(K) an adjudication of delinquent conduct under
the laws of another state, [or] federal law, or the laws of a
foreign country based on a violation of an offense containing
elements that are substantially similar to the elements of an
offense listed under Paragraph (A), (B), (C), (D), (E), or (G);
(L) the second conviction under the laws of
another state, federal law, the laws of a foreign country, or the
Uniform Code of Military Justice for an offense containing elements
that are substantially similar to the elements of the offense of
indecent exposure; or
(M) the second adjudication of delinquent
conduct under the laws of another state, [or] federal law, or the
laws of a foreign country based on a violation of an offense
containing elements that are substantially similar to the elements
of the offense of indecent exposure.
(6) "Sexually violent offense" means any of the
following offenses committed by a person 17 years of age or older:
(A) an offense under Section 21.11(a)(1)
(Indecency with a child), 22.011 (Sexual assault), or 22.021
(Aggravated sexual assault), Penal Code;
(B) an offense under Section 43.25 (Sexual
performance by a child), Penal Code;
(C) an offense under Section 20.04(a)(4)
(Aggravated kidnapping), Penal Code, if the defendant committed the
offense with intent to violate or abuse the victim sexually;
(D) an offense under Section 30.02 (Burglary),
Penal Code, if the offense is punishable under Subsection (d) of
that section and the defendant committed the offense with intent to
commit a felony listed in Paragraph (A) or (C) of Subdivision (5);
or
(E) an offense under the laws of another state,
federal law, the laws of a foreign country, or the Uniform Code of
Military Justice if the offense contains elements that are
substantially similar to the elements of an offense listed under
Paragraph (A), (B), (C), or (D).
SECTION 2. Article 62.0101(a), Code of Criminal Procedure,
is amended to read as follows:
(a) The department is responsible for determining for the
purposes of this chapter whether an offense under the laws of
another state, federal law, the laws of a foreign country, or the
Uniform Code of Military Justice contains elements that are
substantially similar to the elements of an offense under the laws
of this state.
SECTION 3. Articles 62.021(a) and (c), Code of Criminal
Procedure, are amended to read as follows:
(a) This article applies to a person who:
(1) is required to register as a sex offender under:
(A) the laws of another state with which the
department has entered into a reciprocal registration agreement;
[or]
(B) federal law or the Uniform Code of Military
Justice; or
(C) the laws of a foreign country; and
(2) is not otherwise required to register under this
chapter because:
(A) the person does not have a reportable
conviction for an offense under the laws of the other state, federal
law, the laws of the foreign country, or the Uniform Code of
Military Justice containing elements that are substantially
similar to an offense requiring registration under this chapter;
or
(B) the person does not have a reportable
adjudication of delinquent conduct based on a violation of an
offense under the laws of the other state, [or] federal law, or the
laws of the foreign country containing elements that are
substantially similar to an offense requiring registration under
this chapter.
(c) The duty to register for a person described by
Subsection (a) expires on the date the person's duty to register
would expire under the laws of the other state or foreign country
had the person remained in that state or foreign country, under
federal law, or under the Uniform Code of Military Justice, as
applicable.
SECTION 4. (a) This Act takes effect September 1, 2003.
(b) The change in law made by this Act applies to a person
subject to registration under Chapter 62, Code of Criminal
Procedure, for an offense or conduct committed before, on, or after
the effective date of this Act.