81R3708 KCR-D

By: Shapiro S.B. No. 2034

A BILL TO BE ENTITLED

AN ACT

relating to the prosecution of certain criminal sexual offenses and the registration of sex offenders in this state.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Chapter 42, Code of Criminal Procedure, is amended by adding Article 42.0149 to read as follows:

Art. 42.0149. FINDING OF INTENT TO COMMIT CERTAIN SEXUAL OFFENSES. In the trial of an offense under Section 20.02, Penal Code, the judge shall make an affirmative finding of fact and enter the affirmative finding in the judgment of the case if the judge determines that the defendant committed the offense with the intent to commit an offense the conviction of which subjects the defendant to registration under Chapter 62.

SECTION 2. Section 5, Article 42.12, Code of Criminal Procedure, is amended by adding Subsection (k) to read as follows:

(k) A judge who places on community supervision under this section a defendant charged with an offense under Section 20.02, Penal Code, shall make an affirmative finding of fact and file a statement of that affirmative finding with the papers of the case if the judge determines that the defendant committed the offense with the intent to commit an offense the conviction of which subjects the defendant to registration under Chapter 62.

SECTION 3. Articles 62.001(5), (6), and (10), Code of Criminal Procedure, are amended to read as follows:

(5) "Reportable conviction or adjudication" means a conviction or adjudication, including an adjudication of delinquent conduct or a deferred adjudication, that, regardless of the pendency of an appeal, is a conviction for or an adjudication for or based on:

(A) a violation of Section 21.02 (Continuous sexual abuse of young child or children), 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 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 violation of Section 20.04(a)(4) (Aggravated kidnapping), Penal Code, if the actor committed the offense or engaged in the conduct with intent to violate or abuse the victim sexually;

(D) a violation of Section 30.02 (Burglary), Penal Code, if [the offense or conduct is punishable under Subsection (d) of that section and] the actor committed the offense or engaged in the conduct with intent to commit a felony listed in Paragraph (A) or (C);

(E) a violation of Section 20.02 (Unlawful restraint), 20.03 (Kidnapping), or 20.04 (Aggravated kidnapping), Penal Code, if, as applicable:

(i) the judgment in the case contains an affirmative finding under Article 42.0149 or 42.015; or

(ii) the order in the hearing or the papers in the case contain an affirmative finding that:

(a) the victim or intended victim was younger than 17 years of age; or

(b) the defendant or respondent committed the offense or engaged in the conduct with the intent to commit an offense or engage in conduct the conviction or adjudication of which requires registration under this chapter;

(F) the second violation of Section 21.08 (Indecent exposure), Penal Code, but not if the second violation results in a deferred adjudication or the functional equivalent of a deferred adjudication;

(G) an attempt, conspiracy, or solicitation, as defined by Chapter 15, Penal Code, to commit an offense or engage in conduct listed in Paragraph (A), (B), (C), (D), or (E);

(H) a violation of the laws of another state, a federally recognized Indian tribe, a territory of the United States, the United States, or [federal law, the laws of] a foreign country[,] or the Uniform Code of Military Justice for or based on the violation of an offense containing elements that are substantially similar to the elements of an offense listed under Paragraph (A), (B), (C), (D), (E), (G), or (J), including a [but not if the] violation that results in a deferred adjudication or the functional equivalent of a deferred adjudication;

(I) the second violation of the laws of another state, a federally recognized Indian tribe, a territory of the United States, the United States, or [federal law, the laws of] a foreign country[,] or the Uniform Code of Military Justice for or based on the violation of an offense containing elements that are substantially similar to the elements of the offense of indecent exposure, but not if the second violation results in a deferred adjudication or the functional equivalent of a deferred adjudication; or

(J) a violation of Section 33.021 (Online solicitation of a minor), Penal Code.

(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 21.02 (Continuous sexual abuse of young child or children), 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, a federally recognized Indian tribe, a territory of the United States, the United States, or [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).

(10) "Extrajurisdictional registrant" means a person who:

(A) is required to register as a sex offender under:

(i) the laws of another state, a federally recognized Indian tribe, or a territory of the United States with which the department has entered into a reciprocal registration agreement;

(ii) federal law or the Uniform Code of Military Justice; or

(iii) the laws of a foreign country; and

(B) is not otherwise required to register under this chapter because:

(i) the person does not have a reportable conviction for an offense under the laws of the other state, a federally recognized Indian tribe, a territory of the United States, the United States, or [federal law, the laws of] the foreign country[,] or the Uniform Code of Military Justice containing elements that are substantially similar to the elements of an offense requiring registration under this chapter; or

(ii) 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, a federally recognized Indian tribe, a territory of the United States, the United States, or [federal law, or the laws of] the foreign country containing elements that are substantially similar to the elements of an offense requiring registration under this chapter.

SECTION 4. Articles 62.003(a) and (b), Code of Criminal Procedure, are amended to read as follows:

(a) For the purposes of this chapter, the department is responsible for determining whether an offense under the laws of another state, a federally recognized Indian tribe, a territory of the United States, the United States, or [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.

(b) The department annually shall provide or make available to each prosecuting attorney's office in this state:

(1) the criteria used in making a determination under Subsection (a); and

(2) any existing record or compilation of offenses under the laws of another state, a federally recognized Indian tribe, a territory of the United States, the United States, and [federal law, the laws of] a foreign country[,] and the Uniform Code of Military Justice that the department has already determined to contain elements that are substantially similar to the elements of offenses under the laws of this state.

SECTION 5. Article 62.052(b), Code of Criminal Procedure, is amended to read as follows:

(b) The duty to register for an extrajurisdictional registrant expires on the date the person's duty to register would expire under, as applicable:

(1) the laws of the other state or the federally recognized Indian tribe, territory of the United States, or foreign country had the person remained in the applicable jurisdiction; or

(2) [that state or foreign country, under] federal law[,] or [under] the Uniform Code of Military Justice[, as applicable].

SECTION 6. Article 62.054, Code of Criminal Procedure, is amended to read as follows:

Art. 62.054. CIRCUMSTANCES REQUIRING NOTICE TO SUPERINTENDENT OR SCHOOL ADMINISTRATOR. (a) A local law enforcement authority shall provide notice to the superintendent and each administrator under Article 62.053(e) or 62.055(f) only if:

(1) the victim was at the time of the offense a child younger than 17 years of age or a student enrolled in a public or private secondary school;

(2) the person subject to registration is a student enrolled in a public or private secondary school; or

(3) the basis on which the person is subject to registration is a conviction, a deferred adjudication, or an adjudication of delinquent conduct for an offense under Section 43.25 or 43.26, Penal Code, or an offense under the laws of another state, a federally recognized Indian tribe, a territory of the United States, the United States, or a foreign country [federal law,] or the Uniform Code of Military Justice that contains elements substantially similar to the elements of an offense under either of those sections.

(b) A local law enforcement authority may not provide notice to the superintendent or any administrator under Article 62.053(e) or 62.055(f) if the basis on which the person is subject to registration is a conviction, a deferred adjudication, or an adjudication of delinquent conduct for an offense under Section 25.02, Penal Code, or an offense under the laws of another state, a federally recognized Indian tribe, a territory of the United States, the United States, or a foreign country [federal law,] or the Uniform Code of Military Justice that contains elements substantially similar to the elements of an offense under that section.

SECTION 7. Articles 62.057(a) and (b), Code of Criminal Procedure, are amended to read as follows:

(a) If the juvenile probation officer, community supervision and corrections department officer, or parole officer supervising a person subject to registration under this chapter receives notice [information] to the effect that the accuracy or completeness of any information contained in the person's registration form has changed or that the person's status has changed in any manner that affects proper supervision of the person, including a change in the person's name, physical health, job or educational status, including higher educational status, incarceration, or terms of release, the supervising officer shall promptly notify the appropriate local law enforcement authority or authorities of that change. If the person required to register intends to change address, the supervising officer shall notify the local law enforcement authorities designated by Article 62.055(b). Not later than the seventh day after the date the supervising officer receives the relevant information, the supervising officer shall notify the local law enforcement authority of any change in the person's job or educational status in which the person:

(1) becomes employed, begins to carry on a vocation, or becomes a student at a particular public or private institution of higher education; or

(2) terminates the person's status in that capacity.

(b) Not later than the seventh day after the date of the change, a person subject to registration under this chapter shall report to the local law enforcement authority designated as the person's primary registration authority by the department any change in:

(1) the accuracy or completeness of any information contained in the person's registration form; or

(2) the person's name, physical health, or job or educational status, including higher educational status.

SECTION 8. Article 62.301, Code of Criminal Procedure, is amended by amending Subsection (a) and adding Subsection (c-1) to read as follows:

(a) If eligible under Subsection (b), [or] (c), or (c-1), a person required to register under this chapter may petition the court having jurisdiction over the case for an order exempting the person from registration under this chapter at any time after the person's sentencing or after the person is placed on deferred adjudication community supervision.

(c-1)(1) This subsection applies to a person who is:

(A) required to register under this chapter only as a result of a single reportable conviction or adjudication, other than an adjudication of delinquent conduct, for an offense under a law described by Article 62.001(5)(H) and containing elements that are substantially similar to the elements of an offense under Section 21.11, 22.011, 22.021, or 43.25, Penal Code; and

(B) not required to register as a sex offender under the law described by Article 62.001(5)(H) or is required to register as a sex offender under that law but is eligible under that law to petition a court for an order exempting the person from registration and has not been denied the exemption.

(2) A person to whom this subsection applies is eligible, in the manner described by Subsection (a), to petition a district court of the county in which the person's primary registration authority is located. The court may consider the petition only if the petition states and the court finds that the person would have been entitled to the entry of an affirmative finding under Article 42.017 or Section 5(g), Article 42.12, as appropriate, had the conviction or placement on deferred adjudication community supervision occurred under the laws of this state on or after September 1, 2001.

SECTION 9. Article 62.402, Code of Criminal Procedure, is amended to read as follows:

Art. 62.402. DETERMINATION OF MINIMUM REQUIRED REGISTRATION PERIOD. (a) The department [council] by rule shall determine the minimum required registration period under the Adam Walsh Child Protection and Safety Act of 2006 (42 U.S.C. Section 16901 et seq.) [14071 (Jacob Wetterling Crimes Against Children and Sexually Violent Offender Registration Program)] for each reportable conviction or adjudication under this chapter, if this state is to receive the maximum amount of federal money available to a state as described by that law.

(b) After determining the minimum required registration period for each reportable conviction or adjudication under Subsection (a), the department [council] shall compile and publish a list of reportable convictions or adjudications for which a person must register under this chapter for a period that exceeds the minimum required registration period under federal law.

(c) To the extent possible, the department [council] shall periodically verify with the Office of Sex Offender Sentencing, Monitoring, Apprehending, Registering, and Tracking [Bureau of Justice Assistance] or another appropriate federal agency the accuracy of the list of reportable convictions or adjudications described by Subsection (b).

SECTION 10. Section 54.04, Family Code, is amended by adding Subsection (y) to read as follows:

(y) A judge who orders a disposition under this section for delinquent conduct based on a violation of Section 20.02, Penal Code, shall make an affirmative finding of fact and enter the affirmative finding in the order if the judge determines that the respondent engaged in the conduct with the intent to engage in conduct the adjudication of which subjects the respondent to registration under Chapter 62.

SECTION 11. Article 42.0149, Code of Criminal Procedure, Section 5(k), Article 42.12, Code of Criminal Procedure, and Section 54.04(y), Family Code, as added by this Act, apply only to a judgment of conviction entered on or after the effective date of this Act, a grant of deferred adjudication made on or after the effective date of this Act, or a disposition of delinquent conduct made on or after the effective date of this Act.

SECTION 12. The change in law made by this Act in amending Chapter 62, Code of Criminal Procedure, applies to any person who, on or after the effective date of this Act, is subject to registration under that chapter regardless of whether the offense or conduct for which the person is subject to registration was committed or engaged in before, on, or after the effective date of this Act.

SECTION 13. This Act takes effect September 1, 2009.