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INTRODUCED
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HOUSE COMMITTEE
SUBSTITUTE
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No
equivalent provision.
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SECTION 1. Article 42.015,
Code of Criminal Procedure, is amended to read as follows:
Art. 42.015. FINDING OF AGE
OF VICTIM. (a) In the trial of an offense under Section 20.02,
20.03, or 20.04, Penal Code, or an attempt, conspiracy, or solicitation to
commit one of those offenses, the judge shall make an affirmative finding
of fact and enter the affirmative finding in the judgment in the case if
the judge determines that the victim or intended victim was younger than 17
years of age at the time of the offense.
(b) In the trial of a
sexually violent offense, as defined by Article 62.001, the judge shall
make an affirmative finding of fact and enter the affirmative finding in
the judgment in the case if the judge determines that the victim or
intended victim was younger than 13 years of age at the time of the
offense.
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No
equivalent provision.
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SECTION 2. Section 5(e),
Article 42.12, Code of Criminal Procedure, is amended to read as follows:
(e)(1) If a judge
places on community supervision under this section a defendant charged with
an offense under Section 20.02, 20.03, or 20.04, Penal Code, or an attempt,
conspiracy, or solicitation to commit one of those offenses, the judge
shall make an affirmative finding of fact and file a statement of that
affirmative finding with the papers in the case if the judge determines
that the victim or intended victim was younger than 17 years of age at the
time of the offense.
(2) If a judge places on
community supervision under this section a defendant charged with a
sexually violent offense, as defined by Article 62.001, the judge shall
make an affirmative finding of fact and file a statement of that
affirmative finding with the papers in the case if the judge determines
that the victim or intended victim was younger than 13 years of age at the
time of the offense.
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SECTION 1. Article 62.053(a),
Code of Criminal Procedure, is amended to read as follows:
(a) Before a person who will
be subject to registration under this chapter is due to be released from a
penal institution, the Texas Department of Criminal Justice or the Texas Juvenile
Justice Department [Youth Commission] shall determine the
person's level of risk to the community using the sex offender screening
tool developed or selected under Article 62.007 and assign to the person a
numeric risk level of one, two, or three. Before releasing the person, an
official of the penal institution shall:
(1) inform the person that:
(A) not later than the later
of the seventh day after the date on which the person is released or after
the date on which the person moves from a previous residence to a new
residence in this state or not later than the first date the applicable
local law enforcement authority by policy allows the person to register or
verify registration, the person must register or verify registration with
the local law enforcement authority in the municipality or county in which
the person intends to reside;
(B) not later than the
seventh day after the date on which the person is released or the date on
which the person moves from a previous residence to a new residence in this
state, the person must, if the person has not moved to an intended
residence, report to the applicable entity or entities as required by
Article 62.051(h) or (j) or 62.055(e);
(C) not later than the
seventh day before the date on which the person moves to a new residence in
this state or another state, the person must report in person to the local
law enforcement authority designated as the person's primary registration
authority by the department and to the juvenile probation officer,
community supervision and corrections department officer, or parole officer
supervising the person;
(D) not later than the 10th
day after the date on which the person arrives in another state in which
the person intends to reside, the person must register with the law
enforcement agency that is identified by the department as the agency
designated by that state to receive registration information, if the other
state has a registration requirement for sex offenders;
(E) not later than the 30th
day after the date on which the person is released, the person must apply
to the department in person for the issuance of an original or renewal
driver's license or personal identification certificate and a failure to
apply to the department as required by this paragraph results in the
automatic revocation of any driver's license or personal identification
certificate issued by the department to the person; [and]
(F) the person must notify
appropriate entities of any change in status as described by Article
62.057; and
(G) certain types of
employment are prohibited under Article 62.063 for a person with a
reportable conviction or adjudication occurring on or after September 1,
2013;
(2) require the person to
sign a written statement that the person was informed of the person's
duties as described by Subdivision (1) or Subsection (g) or, if the person
refuses to sign the statement, certify that the person was so informed;
(3) obtain the address or, if
applicable, a detailed description of each geographical location where the
person expects to reside on the person's release and other registration
information, including a photograph and complete set of fingerprints; and
(4) complete the registration
form for the person.
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SECTION 3. Article 62.053(a),
Code of Criminal Procedure, is amended to read as follows:
(a) Before a person who will
be subject to registration under this chapter is due to be released from a
penal institution, the Texas Department of Criminal Justice or the Texas Juvenile
Justice Department [Youth Commission] shall determine the
person's level of risk to the community using the sex offender screening
tool developed or selected under Article 62.007 and assign to the person a
numeric risk level of one, two, or three. Before releasing the person, an
official of the penal institution shall:
(1) inform the person that:
(A) not later than the later
of the seventh day after the date on which the person is released or after
the date on which the person moves from a previous residence to a new
residence in this state or not later than the first date the applicable
local law enforcement authority by policy allows the person to register or
verify registration, the person must register or verify registration with
the local law enforcement authority in the municipality or county in which
the person intends to reside;
(B) not later than the
seventh day after the date on which the person is released or the date on
which the person moves from a previous residence to a new residence in this
state, the person must, if the person has not moved to an intended
residence, report to the applicable entity or entities as required by
Article 62.051(h) or (j) or 62.055(e);
(C) not later than the
seventh day before the date on which the person moves to a new residence in
this state or another state, the person must report in person to the local
law enforcement authority designated as the person's primary registration
authority by the department and to the juvenile probation officer,
community supervision and corrections department officer, or parole officer
supervising the person;
(D) not later than the 10th
day after the date on which the person arrives in another state in which
the person intends to reside, the person must register with the law
enforcement agency that is identified by the department as the agency
designated by that state to receive registration information, if the other
state has a registration requirement for sex offenders;
(E) not later than the 30th
day after the date on which the person is released, the person must apply
to the department in person for the issuance of an original or renewal
driver's license or personal identification certificate and a failure to
apply to the department as required by this paragraph results in the
automatic revocation of any driver's license or personal identification
certificate issued by the department to the person; [and]
(F) the person must notify
appropriate entities of any change in status as described by Article
62.057; and
(G) certain types of
employment are prohibited under Article 62.063 for a person with a
reportable conviction or adjudication for a
sexually violent offense involving a victim younger than 13 years of age
occurring on or after September 1, 2013;
(2) require the person to
sign a written statement that the person was informed of the person's
duties as described by Subdivision (1) or Subsection (g) or, if the person
refuses to sign the statement, certify that the person was so informed;
(3) obtain the address or, if
applicable, a detailed description of each geographical location where the
person expects to reside on the person's release and other registration
information, including a photograph and complete set of fingerprints; and
(4) complete the registration
form for the person.
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SECTION 2. Article 62.058,
Code of Criminal Procedure, is amended.
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SECTION 4. Same as introduced
version.
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SECTION 3. Subchapter B,
Chapter 62, Code of Criminal Procedure, is amended by adding Article 62.063
to read as follows:
Art. 62.063. PROHIBITED
EMPLOYMENT. (a) In this section:
(1) "Amusement
ride" has the meaning assigned by Section 2151.002, Occupations Code.
(2) "Bus" has
the meaning assigned by Section 541.201, Transportation Code.
(b) A person subject to
registration under this chapter may not, for compensation:
(1) operate or offer to
operate a bus;
(2) provide or offer to
provide a passenger taxicab or limousine transportation service; or
(3) provide or offer to
provide any type of service in the residence of another person.
(c) A person subject to registration under this chapter because of
one or more reportable convictions or adjudications for an offense or
conduct involving a victim younger than 17 years of age may not operate or
offer to operate any amusement ride.
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SECTION 5. Subchapter B,
Chapter 62, Code of Criminal Procedure, is amended by adding Article 62.063
to read as follows:
Art. 62.063. PROHIBITED
EMPLOYMENT. (a) In this section:
(1) "Amusement
ride" has the meaning assigned by Section 2151.002, Occupations Code.
(2) "Bus" has
the meaning assigned by Section 541.201, Transportation Code.
(b) A person subject to
registration under this chapter because of a
reportable conviction or adjudication for which an affirmative finding is
entered under Article 42.015(b) or Section 5(e)(2), Article 42.12, as
appropriate, may not, for compensation:
(1) operate or offer to
operate a bus;
(2) provide or offer to
provide a passenger taxicab or limousine transportation service;
(3) provide or offer to
provide any type of service in the residence of another person; or
(4) operate or offer to operate any amusement ride.
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SECTION 4. Sections 12.42(b)
and (d), Penal Code, as amended by Chapters 834 (H.B. 3384) and 1119 (H.B.
3), Acts of the 82nd Legislature, Regular Session, 2011, are reenacted.
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SECTION 6. Same as introduced
version.
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SECTION 5. Section
12.42(c)(4), Penal Code, as amended by Chapters 122 (H.B. 3000) and 1119
(H.B. 3), Acts of the 82nd Legislature, Regular Session, 2011, is reenacted
and amended.
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SECTION 7. Substantially the
same as introduced version.
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SECTION 6. Section 12.42, Code of Criminal Procedure, is amended by
adding Subsection (h) to read as follows:
(h) In this section,
"sexually violent offense" means:
(1) an offense under
Section 21.02 (Continuous sexual abuse of young child or children) or
22.021 (Aggravated sexual assault); or
(2) any of the following
offenses committed by a person 17 years of age or older against a child
younger than 13 years of age:
(A) an offense under
Section 20A.02(a)(7) or (8) (Sex trafficking of a child), 21.11(a)(1)
(Indecency with a child), 22.011 (Sexual assault), or 43.25 (Sexual
performance by a child);
(B) an offense under
Section 20.04(a)(4) (Aggravated kidnapping), if the defendant committed the
offense with intent to violate or abuse the victim sexually;
(C) an offense under
Section 30.02 (Burglary), if the offense is punishable under Subsection (d)
of that section and the defendant committed the offense with intent to
commit an offense under Section 21.11(a)(2) (Indecency with a child), 25.02
(Prohibited sexual conduct), or a felony listed in Paragraph (A) or (B) of
this subsection; or
(D) 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), or (C).
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SECTION 8. Section 12.42, Penal Code, is amended by adding Subsection
(h) to read as follows:
(h) In this section,
"sexually violent offense" means:
(1) an offense under
Section 21.02 (Continuous sexual abuse of young child or children) or
22.021 (Aggravated sexual assault); or
(2) any of the following
offenses committed by a person 17 years of age or older against a child
younger than 13 years of age:
(A) an offense under
Section 20A.02(a)(7) or (8) (Sex trafficking of a child), 21.11(a)(1)
(Indecency with a child), 22.011 (Sexual assault), or 43.25 (Sexual
performance by a child);
(B) an offense under
Section 20.04(a)(4) (Aggravated kidnapping), if the defendant committed the
offense with intent to violate or abuse the victim sexually;
(C) an offense under
Section 30.02 (Burglary), if the offense is punishable under Subsection (d)
of that section and the defendant committed the offense with intent to
commit an offense under Section 21.11(a)(2) (Indecency with a child), 25.02
(Prohibited sexual conduct), or a felony listed in Paragraph (A) or (B) of
this subdivision; or
(D) 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), or (C).
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SECTION 7. (a) The change in
law made by this Act in adding Article 62.063, Code of Criminal Procedure,
applies only to a person who is required to register under Chapter 62, Code
of Criminal Procedure, on the basis of a conviction or adjudication that occurs on
or after the effective date of this Act.
A person who is required to
register under Chapter 62, Code of Criminal Procedure, solely on the basis
of a conviction or adjudication that occurs before the effective date of
this Act is governed by the law in effect when the conviction or
adjudication occurred, and the former law is continued in effect for that
purpose.
(b) The change in law made by
this Act in amending Section 12.42, Penal Code, applies only to an offense
committed on or after the effective date of this Act. An offense committed
before the effective date of this Act is governed by the law in effect on
the date the offense was committed, and the former law is continued in
effect for that purpose. For purposes of this section, an offense was
committed before the effective date of this Act if any element of the
offense occurred before that date.
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SECTION 9. (a)(1) The change
in law made by this Act in adding Article 62.063, Code of Criminal
Procedure, applies only to a person who is required to register under
Chapter 62, Code of Criminal Procedure, on the basis of a conviction or
adjudication for an offense described by that
article and for which an affirmative finding under Article 42.015(b) or
Section 5(e)(2), Article 42.12, Code of Criminal Procedure, as added by
this Act, is made on or after the effective date of this Act.
(2)
Article 42.015(b), Code of Criminal Procedure, and Section 5(e)(2), Code of
Criminal Procedure, as added by this Act, apply, as appropriate, only to a
trial commenced on or after the effective date of this Act or an order of
deferred adjudication entered on or after the effective date of this Act.
(3) A person who is required
to register under Chapter 62, Code of Criminal Procedure, solely on the
basis of a conviction or adjudication that occurs before the effective date
of this Act is governed by the law in effect when the conviction or
adjudication occurred, and the former law is continued in effect for that
purpose.
(b) The change in law made by
this Act in amending Section 12.42, Penal Code, applies only to an offense
committed on or after the effective date of this Act. An offense committed
before the effective date of this Act is governed by the law in effect on
the date the offense was committed, and the former law is continued in
effect for that purpose. For purposes of this section, an offense was
committed before the effective date of this Act if any element of the
offense occurred before that date.
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SECTION 8. To the extent of
any conflict, this Act prevails over another Act of the 83rd Legislature,
Regular Session, 2013, relating to nonsubstantive additions to and
corrections in enacted codes.
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SECTION 10. Same as
introduced version.
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SECTION 9. This Act takes
effect September 1, 2013.
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SECTION 11. Same as
introduced version.
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