79R6285 KCR-D

By:  Hamric                                                       H.B. No. 1539



A BILL TO BE ENTITLED

AN ACT

relating to the punishment of the offense of trespassing and to 
requiring certain defendants convicted of that offense to register 
as sex offenders.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 30.05(d), Penal Code, is amended to read 
as follows:     
	(d)(1) An offense under Subsection (e) is a Class C 
misdemeanor unless it is committed in a habitation or unless the 
actor carries a deadly weapon on or about the actor's person during 
the commission of the offense, in which event it is a Class A 
misdemeanor.
		(2) An offense under Subsection (a) is a Class B 
misdemeanor, except that the offense is:
			(A)  a Class A misdemeanor if [:                     
		[(1)]  the offense is committed [:          
			[(A)  in a habitation or a shelter center;  or              
			[(B)] on a Superfund site;  or                              
			(B)  a state jail felony if:                                          
				(i)  the offense is committed in a 
habitation or shelter center;   
				(ii)  the actor carries a deadly weapon on or 
about his person during the commission of the offense; or
				(iii)  the offense is committed with the 
intent to arouse or gratify the sexual desire of any person
		[(2)  the actor carries a deadly weapon on or about his 
person during the commission of the offense].
	SECTION 2.  Article 62.01(5), Code of Criminal Procedure, is 
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 (N)
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 (N); 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), or (N);
			(K)  an adjudication of delinquent conduct under 
the laws of another state, 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), or (N);
			(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, 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; or
			(N)  a conviction for a violation of Section 
30.05, Penal Code, if the offense is punishable under Subsection 
(d)(2)(B)(iii) of that section.
	SECTION 3.  (a) The change in law made by this Act applies 
only to an offense committed on or after the effective date of this  
Act.  For purposes of this section, an offense is committed before 
the effective date of this Act if any element of the offense occurs 
before that date.
	(b)  An offense committed before the effective date of this 
Act is covered by the law in effect when the offense was committed, 
and the former law is continued in effect for that purpose.
	SECTION 4.  This Act takes effect September 1, 2005.