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A BILL TO BE ENTITLED
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AN ACT
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relating to sex offender registration for certain offenses |
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involving a child victim. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 42.015, Code of Criminal Procedure, is |
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amended by adding Subsection (c) to read as follows: |
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(c) In the trial of an offense under Section 33.021 or |
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43.02(b), Penal Code, the judge shall make an affirmative finding |
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of fact and enter the affirmative finding in the judgment in the |
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case if the judge determines beyond a reasonable doubt that the |
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victim or intended victim was: |
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(1) younger than 14 years of age at the time of the |
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offense; or |
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(2) believed by the defendant to be younger than 14 |
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years of age at the time of the offense. |
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SECTION 2. Article 42A.105, Code of Criminal Procedure, is |
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amended by adding Subsection (g) to read as follows: |
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(g) If a judge places on deferred adjudication community |
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supervision a defendant charged with an offense under Section |
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33.021 or 43.02(b), Penal Code, the judge shall make an affirmative |
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finding of fact and file a statement of that affirmative finding |
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with the papers in the case if the judge determines beyond a |
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reasonable doubt that the victim or intended victim was: |
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(1) younger than 14 years of age at the time of the |
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offense; or |
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(2) believed by the defendant to be younger than 14 |
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years of age at the time of the offense. |
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SECTION 3. 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) an offense under Section 20.02, 20.03, or 20.04, |
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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) an offense under Section 33.021 or 43.02(b), Penal |
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Code, if the judgment in the case contains an affirmative finding |
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under Article 42.015 or, for a deferred adjudication, the papers in |
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the case contain an affirmative finding that the victim or intended |
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victim was: |
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(1) younger than 14 years of age at the time of the |
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offense; or |
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(2) believed by the defendant to be younger than 14 |
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years of age at the time of the offense; or |
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(7) an offense under Section 43.23, Penal Code, that |
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is punishable under Subsection (h) of that section. |
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SECTION 4. Article 62.101, Code of Criminal Procedure, as |
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amended by this Act, applies only to a person who is required to |
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register under Chapter 62, Code of Criminal Procedure, solely on |
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the basis of a conviction or adjudication for an offense committed |
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on or after the effective date of this Act. A person who is required |
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to register under Chapter 62, Code of Criminal Procedure, on the |
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basis of a conviction or adjudication for an offense committed |
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before the effective date of this Act is governed by the law in |
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effect on the date the offense was committed, and the former law is |
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continued in effect for that purpose. For purposes of this section, |
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an offense was committed before the effective date of this Act if |
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any element of the offense occurred before that date. |
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SECTION 5. This Act takes effect September 1, 2019. |