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A BILL TO BE ENTITLED
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AN ACT
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relating to the period of registration for certain persons who are |
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or will be required to register as a sex offender. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Subchapter I, Chapter 62, Code of |
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Criminal Procedure, is amended to read as follows: |
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SUBCHAPTER I. SHORTENED PERIOD OF REGISTRATION FOR [EARLY
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TERMINATION OF] CERTAIN PERSONS [PERSONS' OBLIGATION TO REGISTER] |
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SECTION 2. Article 62.401, Code of Criminal Procedure, is |
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amended to read as follows: |
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Art. 62.401. DEFINITIONS [DEFINITION]. In this subchapter: |
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(1) "Council"[, "council"] means the Council on Sex |
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Offender Treatment. |
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(2) "Eligible person" means a person who: |
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(A) has a single reportable conviction or |
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adjudication that appears on the most recent list published under |
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Article 62.402(b); or |
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(B) does not have a reportable conviction or |
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adjudication and is charged with an offense or alleged to have |
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engaged in conduct the conviction or adjudication of which will |
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result in the person having a single reportable conviction or |
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adjudication described by Paragraph (A). |
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SECTION 3. Articles 62.403(a) and (b), Code of Criminal |
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Procedure, are amended to read as follows: |
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(a) The council by rule shall establish, develop, or adopt |
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an individual risk assessment tool or a group of individual risk |
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assessment tools that: |
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(1) evaluates the criminal history of an eligible [a] |
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person who is or will be required to register under this chapter; |
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and |
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(2) seeks to predict: |
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(A) the likelihood that the person will engage in |
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criminal activity that may result in the person receiving a second |
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or subsequent reportable adjudication or conviction; and |
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(B) the continuing danger, if any, that the |
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person poses to the community. |
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(b) On the written request of an eligible [a] person [with a
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single reportable adjudication or conviction that appears on the
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list published under Article 62.402(b)], the council shall: |
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(1) evaluate the person using the individual risk |
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assessment tool or group of individual risk assessment tools |
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established, developed, or adopted under Subsection (a); and |
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(2) provide to the person a written report detailing |
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the outcome of an evaluation conducted under Subdivision (1). |
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SECTION 4. Articles 62.404, 62.405, 62.406, and 62.407, |
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Code of Criminal Procedure, are amended to read as follows: |
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Art. 62.404. MOTION TO SHORTEN REGISTRATION PERIOD [FOR
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EARLY TERMINATION]. (a) An eligible [A] person [required to
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register under this chapter] who has requested and received an |
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individual risk assessment under Article 62.403 may file a motion |
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to shorten the period for which the person is or will be required to |
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register under this chapter with, as applicable, the trial court in |
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which the person's case is pending or the trial court that sentenced |
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the person for the reportable conviction or adjudication [a motion
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for early termination of the person's obligation to register under
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this chapter]. |
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(b) A motion filed under this article must be accompanied |
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by: |
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(1) a written explanation of: |
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(A) how the person's alleged offense or conduct |
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will result in a reportable conviction or adjudication that appears |
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on the list published under Article 62.402(b); or |
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(B) how the eligible person's reportable |
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conviction or adjudication [giving rise to the movant's
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registration under this chapter] qualifies as a reportable |
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conviction or adjudication that appears on the list published under |
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Article 62.402(b); and |
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(2) a certified copy of a written report detailing the |
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outcome of an individual risk assessment evaluation conducted under |
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Article 62.403(b)(1). |
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Art. 62.405. HEARING ON PETITION. (a) After reviewing a |
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motion filed with the court under Article 62.404, the court may: |
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(1) deny without a hearing the movant's request to |
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shorten the period for which the movant is or will be required to |
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register under this chapter [for early termination]; or |
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(2) hold a hearing on the motion to determine whether |
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to grant or deny the motion. |
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(b) The court may not grant a motion filed under Article |
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62.404 if: |
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(1) the motion is not accompanied by the documents |
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required under Article 62.404(b); or |
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(2) the court determines that the reportable |
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conviction or adjudication for which the movant is or will be |
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required to register under this chapter is not a reportable |
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conviction or adjudication for which the movant is or will be |
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required to register for a period that exceeds the minimum required |
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registration period under federal law. |
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Art. 62.406. COSTS OF INDIVIDUAL RISK ASSESSMENT AND OF |
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COURT. An eligible [A] person [required to register under this
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chapter] who files a motion [for early termination of the person's
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registration obligation] under Article 62.404 [this chapter] is |
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responsible for and shall remit to the council and to the court, as |
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applicable, all costs associated with and incurred by the council |
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in providing the individual risk assessment or by the court in |
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holding a hearing under this subchapter. |
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Art. 62.407. EFFECT OF ORDER SHORTENING PERIOD OF |
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REGISTRATION [GRANTING EARLY TERMINATION]. (a) If, after notice |
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to the eligible person and to the prosecuting attorney and a |
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hearing, the court grants a motion filed under Article 62.404 [for
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the early termination of a person's obligation to register under
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this chapter], notwithstanding Article 62.101, the person's |
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obligation to register under this chapter ends on the later of: |
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(1) the date the court specifies in the court's order |
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[enters the order of early termination]; or |
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(2) the date the person has paid each cost described by |
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Section 62.406. |
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(b) If the court grants a motion filed under Article 62.404 |
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[for the early termination of a person's obligation to register
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under this chapter], any [all] conditions of the eligible person's |
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parole, release to mandatory supervision, or community supervision |
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shall be modified in accordance with the court's order. |
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SECTION 5. The change in law made by this Act applies only |
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to an offense that is committed or conduct that occurs on or after |
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the effective date of this Act. An offense that is committed or |
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conduct that occurs before the effective date of this Act is covered |
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by the law in effect when the offense was committed or the conduct |
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occurred, and the former law is continued in effect for that |
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purpose. For purposes of this section, an offense was committed or |
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conduct occurred before the effective date of this Act if any |
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element of the offense or conduct occurred before that date. |
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SECTION 6. This Act takes effect September 1, 2009. |