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A BILL TO BE ENTITLED
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AN ACT
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relating to the applicability of certain sex offender registration |
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statutes. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. (a) Article 62.001(5), Code of Criminal |
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Procedure, as renumbered from former Article 62.01(5), Code of |
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Criminal Procedure, and amended by Chapter 1008, Acts of the 79th |
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Legislature, Regular Session, 2005, is reenacted and amended to |
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conform to an amendment to former Article 62.01(5) by Chapter 1273, |
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Acts of the 79th Legislature, Regular Session, 2005, and further |
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amended to read as follows: |
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(5) "Reportable conviction or adjudication" means a |
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conviction or adjudication, including an adjudication of |
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delinquent conduct or a deferred adjudication, that, regardless of |
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the pendency of an appeal, is a conviction for or an adjudication |
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for or based on: |
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(A) a violation of Section 21.11 (Indecency with |
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a child), 22.011 (Sexual assault), 22.021 (Aggravated sexual |
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assault), or 25.02 (Prohibited sexual conduct), Penal Code; |
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(B) a violation of Section 43.05 (Compelling |
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prostitution), 43.25 (Sexual performance by a child), or 43.26 |
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(Possession or promotion of child pornography), Penal Code; |
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(C) a violation of Section 20.04(a)(4) |
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(Aggravated kidnapping), Penal Code, if the actor committed the |
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offense or engaged in the conduct with intent to violate or abuse |
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the victim sexually; |
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(D) a violation of Section 30.02 (Burglary), |
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Penal Code, if the offense or conduct is punishable under |
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Subsection (d) of that section and the actor committed the offense |
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or engaged in the conduct with intent to commit a felony listed in |
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Paragraph (A) or (C); |
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(E) a violation of Section 20.02 (Unlawful |
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restraint), 20.03 (Kidnapping), or 20.04 (Aggravated kidnapping), |
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Penal Code, if, as applicable: |
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(i) the judgment in the case contains an |
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affirmative finding under Article 42.015; or |
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(ii) the order in the hearing or the papers |
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in the case contain an affirmative finding that the victim or |
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intended victim was younger than 17 years of age; |
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(F) the second violation of Section 21.08 |
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(Indecent exposure), Penal Code, but not if the second violation |
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results in a deferred adjudication; |
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(G) an attempt, conspiracy, or solicitation, as |
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defined by Chapter 15, Penal Code, to commit an offense or engage in |
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conduct listed in Paragraph (A), (B), (C), (D), or (E); |
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(H) a violation of the laws of another state, |
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federal law, the laws of a foreign country, or the Uniform Code of |
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Military Justice for or based on the violation of an offense |
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containing elements that are substantially similar to the elements |
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of an offense listed under Paragraph (A), (B), (C), (D), (E), [or] |
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(G), or (J)[, but not if the violation results in a deferred
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adjudication]; [or] |
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(I) the second violation of the laws of another |
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state, federal law, the laws of a foreign country, or the Uniform |
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Code of Military Justice for or based on the violation of an offense |
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containing elements that are substantially similar to the elements |
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of the offense of indecent exposure, but not if the second violation |
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results in a deferred adjudication; or |
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(J) a violation of Section 33.021 (Online |
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solicitation of a minor), Penal Code. |
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(b) Section 2, Chapter 1273, Acts of the 79th Legislature, |
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Regular Session, 2005, is repealed. |
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SECTION 2. Article 62.002, Code of Criminal Procedure, is |
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amended by amending Subsection (a) and adding Subsection (a-1) to |
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read as follows: |
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(a) This chapter applies only to a reportable conviction or |
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adjudication occurring on or after September 1, 1970, as a result of |
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which, on or after September 1, 1997, a defendant: |
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(1) is confined in a penal institution; |
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(2) is under the supervision and control of a juvenile |
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probation office or an agency or entity operating under contract |
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with a juvenile probation office, the Texas Youth Commission, a |
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community supervision and corrections department, or the parole |
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division of the Texas Department of Criminal Justice; or |
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(3) under the laws of another state, federal law, the |
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laws of a foreign country, or the Uniform Code of Military Justice: |
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(A) is confined in or under that jurisdiction in |
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a facility that is the equivalent of a penal institution in this |
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state; or |
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(B) in or under that jurisdiction, is under the |
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supervision and control of an agency or department that is the |
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equivalent of a juvenile probation office in this state or of an |
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agency or entity operating in this state under contract with a |
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juvenile probation office, the Texas Youth Commission, a community |
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supervision and corrections department, or the parole division of |
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the Texas Department of Criminal Justice. |
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(a-1) A defendant who, on or after January 1, 1997, is not |
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described by Subsection (a) is covered by the law in effect under |
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Section 8(a), Article 6252-13c.1, Revised Statutes, before that |
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article was redesignated and amended as this chapter by Chapter |
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668, Acts of the 75th Legislature, Regular Session, 1997, and that |
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former law is continued in effect for that purpose. |
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SECTION 3. The following laws are repealed: |
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(1) Section 11, Chapter 668, Acts of the 75th |
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Legislature, Regular Session, 1997; and |
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(2) Section 26, Chapter 1415, Acts of the 76th |
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Legislature, Regular Session, 1999. |
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SECTION 4. The changes in law made by this Act in amending |
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Chapter 62, Code of Criminal Procedure, apply to a person subject to |
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Chapter 62, Code of Criminal Procedure, for an offense or conduct |
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committed or engaged in before, on, or after the effective date of |
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this Act. |
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SECTION 5. This Act takes effect September 1, 2007. |