BILL ANALYSIS

H.B. 2637

By: Frullo

Criminal Jurisprudence

Committee Report (Unamended)

BACKGROUND AND PURPOSE

Interested parties contend that many convicted sex offenders have used sophisticated techniques invented by identity thieves to avoid legally mandated sex offender registration requirements. A study funded by the U.S. Department of Justice shows that many registered sex offenders across the country are systematically manipulating the offenders' names, birthdays, social security numbers, or other personal identifying information for purposes of living with a false identity while appearing to satisfy court-imposed or statutory restrictions on sex offenders. H.B. 2637 seeks to address this issue by enhancing the punishment for those sex offenders who are found to have used false identifying information or have attempted to use false identifying information to circumvent sex offender registration requirements.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

H.B. 2637 amends the Code of Criminal Procedure to enhance the penalty for failure to comply with sex offender registration requirements or an attempt to commit such offense to the next highest degree of felony if it is shown at the trial of the offense or attempted offense that the actor fraudulently used identifying information during the commission or attempted commission of the offense.

H.B. 2637 amends the Penal Code to enhance the penalty for fraudulent use or possession of identifying information to the next higher category of offense if it is shown on the trial of the offense that the actor fraudulently used identifying information with the intent to facilitate an offense of failure to comply with sex offender registration requirements.

EFFECTIVE DATE

September 1, 2013.