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A BILL TO BE ENTITLED
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AN ACT
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relating to requiring registration as a sex offender of certain |
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defendants convicted of the offense of continuous trafficking of |
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persons. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 62.001(5), Code of Criminal Procedure, |
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is 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 21.02 (Continuous |
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sexual abuse of young child or children), 21.11 (Indecency with a |
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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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(B-1) a violation of Section 43.02 |
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(Prostitution), Penal Code, if the offense is punishable under |
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Subsection (c)(3) of that section; |
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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), (E), [or] (K), or |
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(L); |
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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), (B-1), (C), (D), (E), |
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(G), (J), [or] (K), or (L), but not if the violation results in a |
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deferred adjudication; |
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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; |
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(J) a violation of Section 33.021 (Online |
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solicitation of a minor), Penal Code; [or] |
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(K) a violation of Section 20A.02(a)(3), (4), |
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(7), or (8) (Trafficking of persons), Penal Code; or |
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(L) a violation of Section 20A.03 (Continuous |
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trafficking of persons), Penal Code, if the offense is based partly |
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or wholly on conduct that constitutes an offense under Section |
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20A.02(a)(3), (4), (7), or (8) of that code. |
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SECTION 2. Article 62.101(a), Code of Criminal Procedure, |
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is amended to read as follows: |
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(a) Except as provided by Subsection (b) and Subchapter I, |
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the duty to register for a person ends when the person dies if the |
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person has a reportable conviction or adjudication, other than an |
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adjudication of delinquent conduct, for: |
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(1) a sexually violent offense; |
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(2) an offense under Section 20A.02(a)(3), (4), (7), |
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or (8), 25.02, 43.05(a)(2), or 43.26, Penal Code; |
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(3) an offense under Section 20A.03, Penal Code, if |
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based partly or wholly on conduct that constitutes an offense under |
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Section 20A.02(a)(3), (4), (7), or (8) of that code; |
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(4) an offense under Section 21.11(a)(2), Penal Code, |
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if before or after the person is convicted or adjudicated for the |
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offense under Section 21.11(a)(2), Penal Code, the person receives |
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or has received another reportable conviction or adjudication, |
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other than an adjudication of delinquent conduct, for an offense or |
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conduct that requires registration under this chapter; |
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(5) [(4)] an offense under Section 20.02, 20.03, or |
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20.04, Penal Code, if: |
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(A) the judgment in the case contains an |
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affirmative finding under Article 42.015 or, for a deferred |
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adjudication, the papers in the case contain an affirmative finding |
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that the victim or intended victim was younger than 17 years of age; |
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and |
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(B) before or after the person is convicted or |
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adjudicated for the offense under Section 20.02, 20.03, or 20.04, |
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Penal Code, the person receives or has received another reportable |
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conviction or adjudication, other than an adjudication of |
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delinquent conduct, for an offense or conduct that requires |
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registration under this chapter; or |
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(6) [(5)] an offense under Section 43.23, Penal Code, |
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that is punishable under Subsection (h) of that section. |
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SECTION 3. Articles 62.001 and 62.101, Code of Criminal |
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Procedure, as amended by this Act, apply only to an offense |
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committed on or after the effective date of this Act. An offense |
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committed before the effective date of this Act is governed by the |
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law in effect on the date the offense was committed, and the former |
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law is continued in effect for that purpose. For purposes of this |
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section, an offense was committed before the effective date of this |
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Act if any element of the offense occurred before that date. |
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SECTION 4. This Act takes effect September 1, 2017. |