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A BILL TO BE ENTITLED
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AN ACT
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relating to sex offender registration and a prohibition on certain |
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registered sex offenders from being in a motor vehicle with a minor |
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who is not a family member. |
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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 43.03 (Promotion of |
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prostitution), 43.04 (Aggravated promotion of prostitution), 43.05 |
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(Compelling prostitution), 43.25 (Sexual performance by a child), |
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or 43.26 (Possession or promotion of child pornography), Penal |
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Code; |
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(B-1) a violation of Section 43.02(b) [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 62.053(a), Code of Criminal Procedure, |
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is amended to read as follows: |
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(a) Before a person who will be subject to registration |
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under this chapter is due to be released from a penal institution, |
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the Texas Department of Criminal Justice or the Texas Juvenile |
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Justice Department shall determine the person's level of risk to |
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the community using the sex offender screening tool developed or |
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selected under Article 62.007 and assign to the person a numeric |
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risk level of one, two, or three. Before releasing the person, an |
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official of the penal institution shall: |
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(1) inform the person that: |
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(A) not later than the later of the seventh day |
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after the date on which the person is released or after the date on |
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which the person moves from a previous residence to a new residence |
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in this state or not later than the first date the applicable local |
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law enforcement authority by policy allows the person to register |
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or verify registration, the person must register or verify |
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registration with the local law enforcement authority in the |
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municipality or county in which the person intends to reside; |
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(B) not later than the seventh day after the date |
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on which the person is released or the date on which the person |
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moves from a previous residence to a new residence in this state, |
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the person must, if the person has not moved to an intended |
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residence, report to the applicable entity or entities as required |
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by Article 62.051(h) or (j) or 62.055(e); |
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(C) not later than the seventh day before the |
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date on which the person moves to a new residence in this state or |
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another state, the person must report in person to the local law |
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enforcement authority designated as the person's primary |
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registration authority by the department and to the juvenile |
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probation officer, community supervision and corrections |
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department officer, or parole officer supervising the person; |
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(D) not later than the 10th day after the date on |
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which the person arrives in another state in which the person |
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intends to reside, the person must register with the law |
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enforcement agency that is identified by the department as the |
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agency designated by that state to receive registration |
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information, if the other state has a registration requirement for |
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sex offenders; |
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(E) not later than the 30th day after the date on |
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which the person is released, the person must apply to the |
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department in person for the issuance of an original or renewal |
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driver's license or personal identification certificate and a |
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failure to apply to the department as required by this paragraph |
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results in the automatic revocation of any driver's license or |
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personal identification certificate issued by the department to the |
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person; |
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(F) the person must notify appropriate entities |
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of any change in status as described by Article 62.057; [and] |
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(G) certain types of employment are prohibited |
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under Article 62.063 for a person with a reportable conviction or |
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adjudication for a sexually violent offense involving a victim |
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younger than 14 years of age and occurring on or after September 1, |
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2013; and |
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(H) for a person with a reportable conviction or |
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adjudication, other than a reportable conviction or adjudication |
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described by Article 62.001(5)(F) or (I), that is for or based on an |
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offense occurring on or after September 1, 2017, the person may not |
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be in a motor vehicle with a minor who is not a family member, as |
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provided by Article 62.064; |
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(2) require the person to sign a written statement |
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that the person was informed of the person's duties as described by |
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Subdivision (1) or Subsection (g) or, if the person refuses to sign |
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the statement, certify that the person was so informed; |
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(3) obtain the address or, if applicable, a detailed |
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description of each geographical location where the person expects |
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to reside on the person's release and other registration |
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information, including a photograph and complete set of |
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fingerprints; and |
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(4) complete the registration form for the person. |
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SECTION 3. Article 62.058, Code of Criminal Procedure, is |
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amended by adding Subsection (g) to read as follows: |
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(g) A local law enforcement authority that provides to a |
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person subject to the prohibition described by Article 62.064 a |
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registration form for verification as required by this chapter |
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shall include with the form a statement describing the prohibition. |
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SECTION 4. Subchapter B, Chapter 62, Code of Criminal |
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Procedure, is amended by adding Article 62.064 to read as follows: |
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Art. 62.064. CERTAIN MINORS IN MOTOR VEHICLES PROHIBITED. |
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(a) In this article: |
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(1) "Family member" means a person related to another |
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person within the third degree by consanguinity or affinity, as |
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described by Subchapter B, Chapter 573, Government Code. |
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(2) "Minor" means an individual who is younger than 18 |
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years of age. |
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(b) A person subject to registration under this chapter |
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because of a reportable conviction or adjudication, other than a |
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reportable conviction or adjudication described by Article |
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62.001(5)(F) or (I), may not be in a motor vehicle with a minor who |
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is not a family member. |
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SECTION 5. 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 6. The changes in law made by this Act in amending |
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Chapter 62, Code of Criminal Procedure, apply only to a person who |
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is required to register under Chapter 62, Code of Criminal |
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Procedure, on the basis of a conviction or adjudication for or based |
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on an offense committed on or after the effective date of this Act. |
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A person who is required to register under Chapter 62, Code of |
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Criminal Procedure, solely on the basis of a conviction or |
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adjudication for or based on an offense committed before the |
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effective date of this Act is governed by the law in effect on the |
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date the offense was committed, and the former law is continued in |
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effect for that purpose. For purposes of this section, an offense |
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was committed before the effective date of this Act if any element |
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of the offense occurred before that date. |
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SECTION 7. This Act takes effect September 1, 2017. |