Texas 2009 - 81st Regular

Texas House Bill HB1260 Compare Versions

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1	1	81R5724 JSC-D
2	2	By: Hopson H.B. No. 1260
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to a registration program for persons who commit certain
8	8	intoxication offenses; providing criminal penalties.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Title 1, Code of Criminal Procedure, is amended
11	11	by adding Chapter 66 to read as follows:
12	12	CHAPTER 66. DWI OFFENDER REGISTRATION PROGRAM
13	13	SUBCHAPTER A. GENERAL PROVISIONS
14	14	Art. 66.001. DEFINITIONS. In this chapter:
15	15	(1) "Department" means the Department of Public
16	16	Safety.
17	17	(2) "DWI offender" means a person who has been
18	18	convicted of, placed on deferred adjudication for, or adjudicated
19	19	as having engaged in conduct that constitutes an offense for which a
20	20	person is subject to registration under this chapter.
21	21	(3) "Extrajurisdictional registrant" means a person
22	22	who:
23	23	(A) is required to register as a DWI offender
24	24	under:
25	25	(i) the laws of another state with which the
26	26	department has entered into a reciprocal registration agreement;
27	27	(ii) federal law or the Uniform Code of
28	28	Military Justice; or
29	29	(iii) the laws of a foreign country; and
30	30	(B) is not otherwise required to register under
31	31	this chapter because:
32	32	(i) the person does not have a reportable
33	33	conviction for an offense under the laws of the other state, federal
34	34	law, the laws of the foreign country, or the Uniform Code of
35	35	Military Justice containing elements that are substantially
36	36	similar to the elements of an offense requiring registration under
37	37	this chapter; or
38	38	(ii) the person does not have a reportable
39	39	adjudication of delinquent conduct based on a violation of an
40	40	offense under the laws of the other state, federal law, or the laws
41	41	of the foreign country containing elements that are substantially
42	42	similar to the elements of an offense requiring registration under
43	43	this chapter.
44	44	(4) "Local law enforcement authority" means the chief
45	45	of police of a municipality or the sheriff of a county in this
46	46	state.
47	47	(5) "Penal institution" means:
48	48	(A) a confinement facility operated by or under a
49	49	contract with any division of the Texas Department of Criminal
50	50	Justice;
51	51	(B) a confinement facility operated by or under
52	52	contract with the Texas Youth Commission;
53	53	(C) a juvenile secure pre-adjudication or
54	54	post-adjudication facility operated by or under a local juvenile
55	55	probation department; or
56	56	(D) a county jail.
57	57	(6) "Released" means discharged, paroled, placed in a
58	58	nonsecure community program for juvenile offenders, or placed on
59	59	juvenile probation, community supervision, or mandatory
60	60	supervision.
61	61	(7) "Reportable conviction or adjudication" means a
62	62	conviction or adjudication, including an adjudication of
63	63	delinquent conduct or a deferred adjudication, that, regardless of
64	64	the pendency of an appeal, is a conviction for or an adjudication
65	65	for or based on:
66	66	(A) a violation of Section 49.04, 49.045, 49.05,
67	67	49.06, 49.065, 49.07, or 49.08, Penal Code; or
68	68	(B) a violation of the laws of another state,
69	69	federal law, the laws of a foreign country, or the Uniform Code of
70	70	Military Justice for or based on the violation of an offense
71	71	containing elements that are substantially similar to the elements
72	72	of an offense listed under Paragraph (A), but not if the violation
73	73	results in a deferred adjudication.
74	74	(8) "Residence" includes a residence established in
75	75	this state by a person described by Article 66.152(e).
76	76	Art. 66.002. APPLICABILITY OF CHAPTER. (a) This chapter
77	77	applies only to a reportable conviction or adjudication based on an
78	78	offense committed or conduct engaged in on or after January 1, 2010.
79	79	(b) Except as provided by Subsection (c), the duties imposed
80	80	on a person required to register under this chapter on the basis of
81	81	a reportable conviction or adjudication, and the corresponding
82	82	duties and powers of other entities in relation to the person
83	83	required to register on the basis of that conviction or
84	84	adjudication, are not affected by:
85	85	(1) an appeal of the conviction or adjudication; or
86	86	(2) a pardon of the conviction or adjudication.
87	87	(c) If a conviction or adjudication that is the basis of a
88	88	duty to register under this chapter is set aside on appeal by a
89	89	court or if the person required to register under this chapter on
90	90	the basis of a conviction or adjudication receives a pardon on the
91	91	basis of subsequent proof of innocence, the duties imposed on the
92	92	person by this chapter and the corresponding duties and powers of
93	93	other entities in relation to the person are terminated.
94	94	Art. 66.003. DETERMINATION REGARDING SUBSTANTIALLY SIMILAR
95	95	ELEMENTS OF OFFENSE. (a) For the purposes of this chapter, the
96	96	department is responsible for determining whether an offense under
97	97	the laws of another state, federal law, the laws of a foreign
98	98	country, or the Uniform Code of Military Justice contains elements
99	99	that are substantially similar to the elements of an offense under
100	100	the laws of this state.
101	101	(b) The department annually shall provide or make available
102	102	to each prosecuting attorney's office in this state:
103	103	(1) the criteria used in making a determination under
104	104	Subsection (a); and
105	105	(2) any existing record or compilation of offenses
106	106	under the laws of another state, federal law, the laws of a foreign
107	107	country, and the Uniform Code of Military Justice that the
108	108	department has already determined to contain elements that are
109	109	substantially similar to the elements of offenses under the laws of
110	110	this state.
111	111	(c) An appeal of a determination made under this article
112	112	shall be brought in a district court in Travis County.
113	113	Art. 66.004. DETERMINATION REGARDING PRIMARY REGISTRATION
114	114	AUTHORITY. (a) For each person subject to registration under this
115	115	chapter, the department shall determine which local law enforcement
116	116	authority serves as the person's primary registration authority
117	117	based on the municipality or county in which the person resides or,
118	118	as provided by Article 66.152, the municipality or county in which
119	119	the person works or attends school.
120	120	(b) The department shall notify each person subject to
121	121	registration under this chapter of the person's primary
122	122	registration authority in a timely manner.
123	123	Art. 66.005. CENTRAL DATABASE; PUBLIC INFORMATION.
124	124	(a) The department shall maintain a computerized central database
125	125	containing the information required for registration under this
126	126	chapter.
127	127	(b) The information contained in the database is public
128	128	information, with the exception of any information:
129	129	(1) regarding the person's social security number,
130	130	driver's license number, personal identification certificate
131	131	number, or telephone number;
132	132	(2) that is required by the department under Article
133	133	66.051(c)(8); or
134	134	(3) that would identify a child passenger in an
135	135	offense under Section 49.045, Penal Code, or the victim of an
136	136	offense under Section 49.07 or 49.08, Penal Code, for which the
137	137	person is subject to registration.
138	138	(c) Notwithstanding Chapter 730, Transportation Code, the
139	139	department shall maintain in the database, and shall post on any
140	140	department website related to the database, any photograph of the
141	141	person that is available through the process for obtaining or
142	142	renewing a personal identification certificate or driver's license
143	143	under Section 521.1031 or 521.2721, Transportation Code. The
144	144	department shall update the photograph in the database and on the
145	145	website annually or as the photograph otherwise becomes available
146	146	through the renewal process for the certificate or license.
147	147	(d) A local law enforcement authority shall release public
148	148	information described under Subsection (b) to any person who
149	149	requests the information from the authority. The authority may
150	150	charge the person a fee not to exceed the amount reasonably
151	151	necessary to cover the administrative costs associated with the
152	152	authority's release of information to the person under this
153	153	subsection.
154	154	(e) The department shall provide a licensing authority with
155	155	notice of any person required to register under this chapter who
156	156	holds or seeks a license that is issued by the authority. The
157	157	department shall provide the notice required by this subsection as
158	158	the applicable licensing information becomes available through the
159	159	person's registration or verification of registration.
160	160	(f) On the written request of a licensing authority that
161	161	identifies an individual and states that the individual is an
162	162	applicant for or a holder of a license issued by the licensing
163	163	authority, the department shall release any information described
164	164	by Subsection (a) to the licensing authority.
165	165	(g) For purposes of Subsections (e) and (f):
166	166	(1) "License" means a license, certificate,
167	167	registration, permit, or other authorization:
168	168	(A) that is issued by a licensing authority; and
169	169	(B) that a person must obtain to practice or
170	170	engage in a particular business, occupation, or profession.
171	171	(2) "Licensing authority" means a department,
172	172	commission, board, office, or other agency of this state or a
173	173	political subdivision of this state that issues a license.
174	174	Art. 66.006. INFORMATION PROVIDED TO PEACE OFFICER ON
175	175	REQUEST. The department shall establish a procedure by which a
176	176	peace officer or employee of a law enforcement agency who provides
177	177	the department with a driver's license number, personal
178	178	identification certificate number, or license plate number is
179	179	automatically provided information as to whether the person to whom
180	180	the driver's license or personal identification certificate is
181	181	issued is required to register under this chapter or whether the
182	182	license plate number is entered in the computerized central
183	183	database under Article 66.005 as assigned to a vehicle owned or
184	184	operated by a person required to register under this chapter.
185	185	Art. 66.007. GENERAL IMMUNITY. The following persons are
186	186	immune from liability for good faith conduct under this chapter:
187	187	(1) an employee or officer of the Texas Department of
188	188	Criminal Justice, the Texas Youth Commission, the Texas Juvenile
189	189	Probation Commission, the Department of Public Safety, the Board of
190	190	Pardons and Paroles, or a local law enforcement authority;
191	191	(2) an employee or officer of a community supervision
192	192	and corrections department or a juvenile probation department; and
193	193	(3) a member of the judiciary.
194	194	Art. 66.008. IMMUNITY FOR RELEASE OF PUBLIC INFORMATION.
195	195	(a) The department, a penal institution, or a local law enforcement
196	196	authority may release to the public information regarding a person
197	197	required to register under this chapter only if the information is
198	198	public information under this chapter.
199	199	(b) An individual, agency, entity, or authority is not
200	200	liable under Chapter 101, Civil Practice and Remedies Code, or any
201	201	other law for damages arising from conduct authorized by Subsection
202	202	(a).
203	203	(c) For purposes of determining liability, the release or
204	204	withholding of information by an appointed or elected officer of an
205	205	agency, entity, or authority is a discretionary act.
206	206	Art. 66.009. RULEMAKING AUTHORITY. The Texas Department of
207	207	Criminal Justice, the Texas Youth Commission, the Texas Juvenile
208	208	Probation Commission, and the department may adopt any rule
209	209	necessary to implement this chapter.
210	210	[Sections 66.010-66.050 reserved for expansion]
211	211	SUBCHAPTER B. REGISTRATION AND VERIFICATION
212	212	REQUIREMENTS; RELATED NOTICE
213	213	Art. 66.051. REGISTRATION: GENERAL. (a) A person who has a
214	214	reportable conviction or adjudication or who is required to
215	215	register as a condition of release on parole, mandatory
216	216	supervision, or community supervision shall register or, if the
217	217	person is a person for whom registration is completed under this
218	218	chapter, verify registration as provided by Subsection (f), with
219	219	the local law enforcement authority in any municipality where the
220	220	person resides or intends to reside for more than seven days. If
221	221	the person does not reside or intend to reside in a municipality,
222	222	the person shall register or verify registration in any county
223	223	where the person resides or intends to reside for more than seven
224	224	days. The person shall satisfy the requirements of this subsection
225	225	not later than the later of:
226	226	(1) the seventh day after the person's arrival in the
227	227	municipality or county; or
228	228	(2) the first date the local law enforcement authority
229	229	of the municipality or county by policy allows the person to
230	230	register or verify registration, as applicable.
231	231	(b) The department shall provide the Texas Department of
232	232	Criminal Justice, the Texas Youth Commission, the Texas Juvenile
233	233	Probation Commission, and each local law enforcement authority,
234	234	county jail, and court with a form for registering persons required
235	235	by this chapter to register.
236	236	(c) The registration form shall require:
237	237	(1) the person's full name, each alias, date of birth,
238	238	sex, race, height, weight, eye color, hair color, social security
239	239	number, driver's license number, and residence address;
240	240	(2) a recent color photograph or, if possible, an
241	241	electronic digital image of the person;
242	242	(3) the offense for which the person is required to
243	243	register, the date of the applicable conviction or adjudication,
244	244	and the punishment received;
245	245	(4) an indication as to whether the person is
246	246	discharged, paroled, or released on juvenile probation, community
247	247	supervision, or mandatory supervision;
248	248	(5) an indication of each license, as defined by
249	249	Article 66.005(g), that is held or sought by the person;
250	250	(6) an indication as to whether the person is or will
251	251	be employed, carrying on a vocation, or a student at a particular
252	252	educational facility in this state or another state, and the name
253	253	and address of that facility;
254	254	(7) the license plate number of any vehicle owned or
255	255	operated by the person; and
256	256	(8) any other information required by the department.
257	257	(d) The registration form must contain a statement and
258	258	description of any registration duties the person has or may have
259	259	under this chapter.
260	260	(e) Not later than the third day after a person registers
261	261	under this chapter, the local law enforcement authority with whom
262	262	the person registered shall send a copy of the registration form to
263	263	the department.
264	264	(f) A person for whom registration is completed under this
265	265	chapter shall report to the applicable local law enforcement
266	266	authority to verify the information in the registration form
267	267	received by the authority under this chapter. The authority shall
268	268	require the person to produce proof of the person's identity and
269	269	residence before the authority gives the registration form to the
270	270	person for verification. If the information in the registration
271	271	form is complete and accurate, the person shall verify registration
272	272	by signing the form. If the information is not complete or not
273	273	accurate, the person shall make any necessary additions or
274	274	corrections before signing the form.
275	275	(g) A person who is required to register or verify
276	276	registration under this chapter shall ensure that the person's
277	277	registration form is complete and accurate with respect to each
278	278	item of information required by the form in accordance with
279	279	Subsection (c).
280	280	(h) If a person subject to registration under this chapter
281	281	does not move to an intended residence by the end of the seventh day
282	282	after the date on which the person is released or the date on which
283	283	the person leaves a previous residence, the person shall:
284	284	(1) report to the juvenile probation officer,
285	285	community supervision and corrections department officer, or
286	286	parole officer supervising the person by not later than the seventh
287	287	day after the date on which the person is released or the date on
288	288	which the person leaves a previous residence, as applicable, and
289	289	provide the officer with the address of the person's temporary
290	290	residence; and
291	291	(2) continue to report to the person's supervising
292	292	officer not less than weekly during any period of time in which the
293	293	person has not moved to an intended residence and provide the
294	294	officer with the address of the person's temporary residence.
295	295	(i) If the other state has a registration requirement for
296	296	DWI offenders, a person who has a reportable conviction or
297	297	adjudication, who resides in this state, and who is employed,
298	298	carries on a vocation, or is a student in another state shall, not
299	299	later than the 10th day after the date on which the person begins to
300	300	work or attend school in the other state, register with the law
301	301	enforcement authority that is identified by the department as the
302	302	authority designated by that state to receive registration
303	303	information.
304	304	Art. 66.052. REGISTRATION: EXTRAJURISDICTIONAL
305	305	REGISTRANTS. (a) An extrajurisdictional registrant is required to
306	306	comply with the annual verification requirements of Article 66.056
307	307	in the same manner as a person who is required to verify
308	308	registration on the basis of a reportable conviction or
309	309	adjudication.
310	310	(b) The duty to register for an extrajurisdictional
311	311	registrant expires on the date the person's duty to register would
312	312	expire under the laws of the other state or foreign country had the
313	313	person remained in that state or foreign country, under federal
314	314	law, or under the Uniform Code of Military Justice, as applicable.
315	315	(c) The department may negotiate and enter into a reciprocal
316	316	registration agreement with any other state to prevent residents of
317	317	this state and residents of the other state from frustrating the
318	318	public purpose of the registration of DWI offenders by moving from
319	319	one state to the other.
320	320	Art. 66.053. PRERELEASE NOTIFICATION. (a) Before a person
321	321	who will be subject to registration under this chapter is released
322	322	from a penal institution, an official of the penal institution
323	323	shall:
324	324	(1) inform the person that:
325	325	(A) not later than the later of the seventh day
326	326	after the date on which the person is released or after the date on
327	327	which the person moves from a previous residence to a new residence
328	328	in this state or not later than the later of the first date the
329	329	applicable local law enforcement authority by policy allows the
330	330	person to register or verify registration, the person must register
331	331	or verify registration with the local law enforcement authority in
332	332	the municipality or county in which the person intends to reside;
333	333	(B) not later than the seventh day after the date
334	334	on which the person is released or the date on which the person
335	335	moves from a previous residence to a new residence in this state,
336	336	the person must, if the person has not moved to an intended
337	337	residence, report to the juvenile probation officer, community
338	338	supervision and corrections department officer, or parole officer
339	339	supervising the person;
340	340	(C) not later than the seventh day before the
341	341	date on which the person moves to a new residence in this state or
342	342	another state, the person must report in person to the local law
343	343	enforcement authority designated as the person's primary
344	344	registration authority by the department and to the juvenile
345	345	probation officer, community supervision and corrections
346	346	department officer, or parole officer supervising the person;
347	347	(D) not later than the 10th day after the date on
348	348	which the person arrives in another state in which the person
349	349	intends to reside, the person must register with the law
350	350	enforcement agency that is identified by the department as the
351	351	agency designated by that state to receive registration
352	352	information, if the other state has a registration requirement for
353	353	DWI offenders;
354	354	(E) not later than the 30th day after the date on
355	355	which the person is released, the person must apply to the
356	356	department in person for the issuance of an original or renewal
357	357	driver's license, if eligible for the license, or for an original or
358	358	renewal personal identification certificate, and a failure to apply
359	359	to the department as required by this paragraph results in the
360	360	automatic revocation of any driver's license not otherwise revoked
361	361	or any personal identification certificate issued by the department
362	362	to the person; and
363	363	(F) the person must notify appropriate entities
364	364	of any change in status as described by Article 66.055;
365	365	(2) require the person to sign a written statement
366	366	that the person was informed of the person's duties as described by
367	367	Subdivision (1) or Subsection (c) or, if the person refuses to sign
368	368	the statement, certify that the person was so informed;
369	369	(3) obtain the address where the person expects to
370	370	reside on the person's release and other registration information,
371	371	including a photograph; and
372	372	(4) complete the registration form for the person.
373	373	(b) On the seventh day before the date on which a person who
374	374	will be subject to registration under this chapter is due to be
375	375	released from a penal institution, or on receipt of notice by a
376	376	penal institution that a person who will be subject to registration
377	377	under this chapter is due to be released in less than seven days, an
378	378	official of the penal institution shall send the person's completed
379	379	registration form to the department and to:
380	380	(1) the applicable local law enforcement authority in
381	381	the municipality or county in which the person expects to reside, if
382	382	the person expects to reside in this state; or
383	383	(2) the law enforcement agency that is identified by
384	384	the department as the agency designated by another state to receive
385	385	registration information, if the person expects to reside in that
386	386	other state and that other state has a registration requirement for
387	387	DWI offenders.
388	388	(c) Before a person who will be subject to registration
389	389	under this chapter is due to be released from a penal institution in
390	390	this state, an official of the penal institution shall inform the
391	391	person that:
392	392	(1) if the person intends to reside in another state
393	393	and to work or attend school in this state, the person must, not
394	394	later than the later of the seventh day after the date on which the
395	395	person begins to work or attend school or the first date the
396	396	applicable local law enforcement authority by policy allows the
397	397	person to register or verify registration, register or verify
398	398	registration with the local law enforcement authority in the
399	399	municipality or county in which the person intends to work or attend
400	400	school; and
401	401	(2) if the person intends to reside in this state and
402	402	to work or attend school in another state and if the other state has
403	403	a registration requirement for DWI offenders, the person must, not
404	404	later than the 10th day after the date on which the person begins to
405	405	work or attend school in the other state, register with the law
406	406	enforcement authority that is identified by the department as the
407	407	authority designated by that state to receive registration
408	408	information.
409	409	Art. 66.054. CHANGE OF ADDRESS. (a) If a person required
410	410	to register under this chapter intends to change address,
411	411	regardless of whether the person intends to move to another state,
412	412	the person shall, not later than the seventh day before the intended
413	413	change, report in person to the local law enforcement authority
414	414	designated as the person's primary registration authority by the
415	415	department and to the juvenile probation officer, community
416	416	supervision and corrections department officer, or parole officer
417	417	supervising the person and provide the authority and the officer
418	418	with the person's anticipated move date and new address. If a
419	419	person required to register changes address, the person shall, not
420	420	later than the later of the seventh day after changing the address
421	421	or the first date the applicable local law enforcement authority by
422	422	policy allows the person to report, report in person to the local
423	423	law enforcement authority in the municipality or county in which
424	424	the person's new residence is located and provide the authority
425	425	with proof of identity and proof of residence.
426	426	(b) Not later than the third day after receipt of notice
427	427	under Subsection (a), the person's juvenile probation officer,
428	428	community supervision and corrections department officer, or
429	429	parole officer shall forward the information provided under
430	430	Subsection (a) to the local law enforcement authority designated as
431	431	the person's primary registration authority by the department and,
432	432	if the person intends to move to another municipality or county in
433	433	this state, to the applicable local law enforcement authority in
434	434	that municipality or county.
435	435	(c) If the person moves to another state that has a
436	436	registration requirement for DWI offenders, the person shall, not
437	437	later than the 10th day after the date on which the person arrives
438	438	in the other state, register with the law enforcement agency that is
439	439	identified by the department as the agency designated by that state
440	440	to receive registration information.
441	441	(d) Not later than the third day after receipt of
442	442	information under Subsection (a) or (b), whichever is earlier, the
443	443	local law enforcement authority shall forward this information to
444	444	the department and, if the person intends to move to another
445	445	municipality or county in this state, to the applicable local law
446	446	enforcement authority in that municipality or county.
447	447	(e) If a person who reports to a local law enforcement
448	448	authority under Subsection (a) does not move on or before the
449	449	anticipated move date or does not move to the new address provided
450	450	to the authority, the person shall:
451	451	(1) not later than the seventh day after the
452	452	anticipated move date, and not less than weekly after that seventh
453	453	day, report to the local law enforcement authority designated as
454	454	the person's primary registration authority by the department and
455	455	provide an explanation to the authority regarding any changes in
456	456	the anticipated move date and intended residence; and
457	457	(2) report to the juvenile probation officer,
458	458	community supervision and corrections department officer, or
459	459	parole officer supervising the person not less than weekly during
460	460	any period in which the person has not moved to an intended
461	461	residence.
462	462	(f) If the person moves to another municipality or county in
463	463	this state, the department shall inform the applicable local law
464	464	enforcement authority in the new area of the person's residence not
465	465	later than the third day after the date on which the department
466	466	receives information under Subsection (a).
467	467	(g) If the person moves to another state, the department
468	468	shall, immediately on receiving information under Subsection (d),
469	469	inform the agency that is designated by the other state to receive
470	470	registration information, if that state has a registration
471	471	requirement for DWI offenders.
472	472	Art. 66.055. STATUS REPORT BY SUPERVISING OFFICER OR LOCAL
473	473	LAW ENFORCEMENT AUTHORITY. (a) If the juvenile probation officer,
474	474	community supervision and corrections department officer, or
475	475	parole officer supervising a person subject to registration under
476	476	this chapter receives information to the effect that the person's
477	477	status has changed in any manner that affects proper supervision of
478	478	the person, including a change in the person's name, job or
479	479	educational status, incarceration, or terms of release, the
480	480	supervising officer shall promptly notify the appropriate local law
481	481	enforcement authority or authorities of that change. If the person
482	482	required to register intends to change address, the supervising
483	483	officer shall notify each local law enforcement authority specified
484	484	in Article 66.054(b). Not later than the seventh day after the date
485	485	the supervising officer receives the relevant information, the
486	486	supervising officer shall notify the local law enforcement
487	487	authority of any change in the person's job or educational status in
488	488	which the person:
489	489	(1) becomes employed, begins to carry on a vocation,
490	490	or becomes a student at a particular educational facility; or
491	491	(2) terminates the person's status in that capacity.
492	492	(b) Not later than the seventh day after the date of the
493	493	change, a person subject to registration under this chapter shall
494	494	report to the local law enforcement authority designated as the
495	495	person's primary registration authority by the department any
496	496	change in the person's name or job or educational status.
497	497	(c) For purposes of this section:
498	498	(1) a person's job status changes if the person leaves
499	499	employment for any reason, remains employed by an employer but
500	500	changes the location at which the person works, or begins
501	501	employment with a new employer;
502	502	(2) a change in a person's educational status includes
503	503	the person's transfer from one educational facility to another; and
504	504	(3) regarding a change of name, notice of the proposed
505	505	name provided to a local law enforcement authority as described by
506	506	Sections 45.004 and 45.103, Family Code, is sufficient, except that
507	507	the person shall promptly notify the authority of any denial of the
508	508	person's petition for a change of name.
509	509	(d) Not later than the seventh day after the date the local
510	510	law enforcement authority receives relevant information under this
511	511	section, the local law enforcement authority shall notify the
512	512	department of any change in the person's name or job or educational
513	513	status.
514	514	Art. 66.056. LAW ENFORCEMENT VERIFICATION OF REGISTRATION
515	515	INFORMATION. (a) A person subject to registration under this
516	516	chapter shall report to the local law enforcement authority
517	517	designated as the person's primary registration authority by the
518	518	department once each year not earlier than the 30th day before and
519	519	not later than the 30th day after the anniversary of the person's
520	520	date of birth to verify the information in the registration form
521	521	maintained by the authority for that person.
522	522	(b) A local law enforcement authority designated as a
523	523	person's primary registration authority by the department may
524	524	direct the person to report to the authority to verify the
525	525	information in the registration form maintained by the authority
526	526	for that person. The authority may direct the person to report
527	527	under this subsection once in each year not earlier than the 30th
528	528	day before and not later than the 30th day after the anniversary of
529	529	the person's date of birth. A local law enforcement authority may
530	530	not direct a person to report to the authority under this subsection
531	531	if the person is in compliance with the reporting requirements of
532	532	Subsection (a).
533	533	(c) A local law enforcement authority with whom a person
534	534	reports under this article shall require the person to produce
535	535	proof of the person's identity and residence before the authority
536	536	gives the registration form to the person for verification. If the
537	537	information in the registration form is complete and accurate, the
538	538	person shall verify registration by signing the form. If the
539	539	information is not complete or not accurate, the person shall make
540	540	any necessary additions or corrections before signing the form.
541	541	(d) A local law enforcement authority designated as a
542	542	person's primary registration authority by the department may at
543	543	any time mail a nonforwardable verification form to the last
544	544	reported residence address of the person. Not later than the 21st
545	545	day after receipt of a verification form under this subsection, the
546	546	person shall:
547	547	(1) indicate on the form whether the person still
548	548	resides at the last reported residence address and, if not, provide
549	549	on the form the person's new residence address;
550	550	(2) complete any other information required by the
551	551	form;
552	552	(3) sign the form; and
553	553	(4) return the form to the authority.
554	554	Art. 66.057. REQUIREMENTS RELATING TO DRIVER'S LICENSE OR
555	555	PERSONAL IDENTIFICATION CERTIFICATE. (a) A person subject to
556	556	registration under this chapter shall apply to the department in
557	557	person for the issuance of, as applicable, an original or renewal
558	558	driver's license under Section 521.2721, Transportation Code, an
559	559	original or renewal commercial driver's license or commercial
560	560	driver learner's permit under Section 522.0331, Transportation
561	561	Code, or an original or renewal personal identification certificate
562	562	under Section 521.1031, Transportation Code, not later than the
563	563	30th day after the date:
564	564	(1) the person is released from a penal institution or
565	565	is released by a court on community supervision or juvenile
566	566	probation; or
567	567	(2) the department sends written notice to the person
568	568	of the requirements of this article.
569	569	(b) The person shall annually renew in person each driver's
570	570	license or personal identification certificate issued by the
571	571	department to the person, including each renewal, duplicate, or
572	572	corrected license or certificate, until the person's duty to
573	573	register under this chapter expires.
574	574	Art. 66.058. LIMITATION ON NEWSPAPER PUBLICATION. A local
575	575	law enforcement authority may not publish notice in a newspaper or
576	576	other periodical or circular concerning a person's registration
577	577	under this chapter if the only basis on which the person is subject
578	578	to registration is one or more adjudications of delinquent conduct.
579	579	[Articles 66.059-66.100 reserved for expansion]
580	580	SUBCHAPTER C. EXPIRATION OF DUTY TO REGISTER; GENERAL PENALTIES
581	581	FOR NONCOMPLIANCE
582	582	Art. 66.101. EXPIRATION OF DUTY TO REGISTER. (a) The duty
583	583	to register for a person who has one reportable conviction or
584	584	adjudication expires on the second anniversary of the date on
585	585	which:
586	586	(1) the court dismisses the criminal proceedings
587	587	against the person and discharges the person, the person is
588	588	released from a penal institution, or the person discharges
589	589	community supervision, whichever date is later, if the person's
590	590	duty to register is based on a conviction or an order of deferred
591	591	adjudication; or
592	592	(2) the disposition is made or the person completes
593	593	the terms of the disposition, whichever date is later, if the
594	594	person's duty to register is based on an adjudication of delinquent
595	595	conduct.
596	596	(b) The duty to register for a person who has two reportable
597	597	convictions or adjudications expires on the fifth anniversary of
598	598	the date described by Subsection (a)(1) or (2) with respect to the
599	599	most recent reportable conviction or adjudication, as applicable.
600	600	(c) The duty to register for a person who has three
601	601	reportable convictions or adjudications expires on the 10th
602	602	anniversary of the date described by Subsection (a)(1) or (2) with
603	603	respect to the most recent reportable conviction or adjudication,
604	604	as applicable.
605	605	(d) The duty to register for a person who has four or more
606	606	reportable convictions or adjudications expires when the person
607	607	dies.
608	608	Art. 66.102. FAILURE TO COMPLY WITH REGISTRATION
609	609	REQUIREMENTS. (a) A person commits an offense if the person is
610	610	required to register under this chapter and fails to comply with any
611	611	requirement of this chapter that applies to the person.
612	612	(b) An offense under this article is the same grade of
613	613	offense as the offense that serves as the basis for the person's
614	614	most recent reportable conviction or adjudication.
615	615	[Articles 66.103-66.150 reserved for expansion]
616	616	SUBCHAPTER D. PROVISIONS APPLICABLE TO CERTAIN WORKERS AND
617	617	STUDENTS
618	618	Art. 66.151. DEFINITIONS. For purposes of this subchapter,
619	619	a person:
620	620	(1) is employed or carries on a vocation if the person
621	621	works or volunteers on a full-time or part-time basis for a
622	622	consecutive period exceeding 14 days or for an aggregate period
623	623	exceeding 30 days in a calendar year;
624	624	(2) works regardless of whether the person works for
625	625	compensation or for governmental or educational benefit; and
626	626	(3) is a student if the person enrolls on a full-time
627	627	or part-time basis in any educational facility, including:
628	628	(A) a public or private primary or secondary
629	629	school, including a high school or alternative learning center; or
630	630	(B) a public or private institution of higher
631	631	education.
632	632	Art. 66.152. REGISTRATION OF CERTAIN WORKERS OR STUDENTS.
633	633	(a) A person is subject to this subchapter and, except as
634	634	otherwise provided by this article, to the other subchapters of
635	635	this chapter if the person:
636	636	(1) has a reportable conviction or adjudication;
637	637	(2) resides in another state; and
638	638	(3) is employed, carries on a vocation, or is a student
639	639	in this state.
640	640	(b) A person described by Subsection (a) is subject to the
641	641	registration and verification requirements of Articles 66.051 and
642	642	66.056 and to the change of address requirements of Article 66.054,
643	643	except that the registration and verification and the reporting of
644	644	a change of address are based on the municipality or county in which
645	645	the person works or attends school.
646	646	(c) A person described by Subsection (a) is not subject to
647	647	Article 66.101.
648	648	(d) The duty to register for a person described by
649	649	Subsection (a) ends when the person no longer works or studies in
650	650	this state, provides notice of that fact to the local law
651	651	enforcement authority in the municipality or county in which the
652	652	person works or attends school, and receives notice of verification
653	653	of that fact from the authority. The authority must verify that the
654	654	person no longer works or studies in this state and must provide to
655	655	the person notice of that verification within a reasonable time.
656	656	(e) Notwithstanding Subsection (a), this article does not
657	657	apply to a person who has a reportable conviction or adjudication,
658	658	who resides in another state, and who is employed, carries on a
659	659	vocation, or is a student in this state if the person establishes
660	660	another residence in this state to work or attend school in this
661	661	state. However, that person remains subject to the other articles
662	662	of this chapter based on that person's residence in this state.
663	663	[Articles 66.153-66.200 reserved for expansion]
664	664	SUBCHAPTER E. REMOVAL OF REGISTRATION INFORMATION
665	665	Art. 66.201. REMOVING REGISTRATION INFORMATION WHEN DUTY TO
666	666	REGISTER EXPIRES. (a) When a person is no longer required to
667	667	register under this chapter, the department shall remove all
668	668	information about the person from the DWI offender registry.
669	669	(b) The duty to remove information under Subsection (a)
670	670	arises if:
671	671	(1) the department has received notice from a local
672	672	law enforcement authority under Subsection (c) or (d) that the
673	673	person is no longer required to register or will no longer be
674	674	required to renew registration and the department verifies the
675	675	correctness of that information;
676	676	(2) the court having jurisdiction over the case for
677	677	which registration is required requests removal and the department
678	678	determines that the duty to register has expired; or
679	679	(3) the person or the person's representative requests
680	680	removal and the department determines that the duty to register has
681	681	expired.
682	682	(c) When a person required to register under this chapter
683	683	appears before a local law enforcement authority to renew or modify
684	684	registration information, the authority shall determine whether
685	685	the duty to register has expired. If the authority determines that
686	686	the duty to register has expired, the authority shall remove all
687	687	information about the person from the DWI offender registry and
688	688	notify the department that the person's duty to register has
689	689	expired.
690	690	(d) When a person required to register under this chapter
691	691	appears before a local law enforcement authority to renew
692	692	registration information, the authority shall determine whether
693	693	the renewal is the final annual renewal of registration required by
694	694	law. If the authority determines that the person's duty to register
695	695	will expire before the next annual renewal is scheduled, the
696	696	authority shall automatically remove all information about the
697	697	person from the DWI offender registry on expiration of the duty to
698	698	register and notify the department that the information about the
699	699	person has been removed from the registry.
700	700	(e) When the department has removed information under
701	701	Subsection (a), the department shall notify all local law
702	702	enforcement authorities that have provided registration
703	703	information to the department about the person of the removal. A
704	704	local law enforcement authority that receives notice from the
705	705	department under this subsection shall remove all registration
706	706	information about the person from its registry.
707	707	(f) When the department has removed information under
708	708	Subsection (a), the department shall notify all public and private
709	709	agencies or organizations to which it has provided registration
710	710	information about the person of the removal. On receiving notice,
711	711	the public or private agency or organization shall remove all
712	712	registration information about the person from any registry the
713	713	agency or organization maintains that is accessible to the public
714	714	with or without charge.
715	715	[Articles 66.202-66.250 reserved for expansion]
716	716	SUBCHAPTER F. EXEMPTIONS FROM REGISTRATION FOR CERTAIN JUVENILES
717	717	Art. 66.251. MOTION AND HEARING GENERALLY. (a) During or
718	718	after disposition of a case under Section 54.04, Family Code, for
719	719	adjudication of an offense for which registration is required under
720	720	this chapter, the juvenile court on motion of the respondent shall
721	721	conduct a hearing to determine whether the interests of the public
722	722	require registration under this chapter. The motion may be filed
723	723	and the hearing held regardless of whether the respondent is under
724	724	18 years of age. Notice of the motion and hearing shall be provided
725	725	to the prosecuting attorney.
726	726	(b) The hearing is without a jury and the burden of
727	727	persuasion is on the respondent to show by a preponderance of
728	728	evidence that the criteria of Article 66.252(a) have been met. The
729	729	court at the hearing may make its determination based on:
730	730	(1) the receipt of exhibits;
731	731	(2) the testimony of witnesses;
732	732	(3) representations of counsel for the parties; or
733	733	(4) the contents of a substance abuse report prepared
734	734	by the juvenile probation department that may include the results
735	735	of testing and examination of the respondent by a psychologist,
736	736	psychiatrist, or counselor.
737	737	(c) All written matter considered by the court shall be
738	738	disclosed to all parties as provided by Section 54.04(b), Family
739	739	Code.
740	740	(d) If a respondent, as part of a plea agreement, promises
741	741	not to file a motion seeking an order exempting the respondent from
742	742	registration under this chapter, the court may not recognize a
743	743	motion filed by a respondent under this article.
744	744	Art. 66.252. ORDER GENERALLY. (a) The court shall enter an
745	745	order exempting a respondent from registration under this chapter
746	746	if the court determines:
747	747	(1) that the protection of the public would not be
748	748	increased by registration of the respondent under this chapter; or
749	749	(2) that any potential increase in protection of the
750	750	public resulting from registration of the respondent is clearly
751	751	outweighed by the anticipated substantial harm to the respondent
752	752	and the respondent's family that would result from registration
753	753	under this chapter.
754	754	(b) After a hearing under Article 66.251 or under a plea
755	755	agreement described by Article 66.255(b), the juvenile court may
756	756	enter an order:
757	757	(1) deferring decision on requiring registration
758	758	under this chapter until the respondent has completed substance
759	759	abuse treatment as a condition of probation or while committed to
760	760	the Texas Youth Commission; or
761	761	(2) requiring the respondent to register as a DWI
762	762	offender but providing that the registration information is not
763	763	public information and is restricted to use by law enforcement and
764	764	criminal justice agencies.
765	765	(c) If the court enters an order described by Subsection
766	766	(b)(1), the court retains discretion and jurisdiction to require,
767	767	or exempt the respondent from, registration under this chapter at
768	768	any time during the treatment or on the successful or unsuccessful
769	769	completion of treatment, except that during the period of deferral,
770	770	registration may not be required. Following successful completion
771	771	of treatment, the respondent is exempted from registration under
772	772	this chapter unless a hearing under this subchapter is held on
773	773	motion of the state, regardless of whether the respondent is 18
774	774	years of age or older, and the court determines the interests of the
775	775	public require registration. Not later than the 10th day after the
776	776	date of the respondent's successful completion of treatment, the
777	777	treatment provider shall notify the juvenile court and prosecuting
778	778	attorney of the completion.
779	779	(d) Information that is the subject of an order described by
780	780	Subsection (b)(2) may not be posted on the Internet or released to
781	781	the public.
782	782	Art. 66.253. MOTION, HEARING, AND ORDER CONCERNING PERSON
783	783	ALREADY REGISTERED. (a) A person who has registered as a DWI
784	784	offender for an adjudication of delinquent conduct, regardless of
785	785	when the delinquent conduct or the adjudication for the conduct
786	786	occurred, may file a motion in the adjudicating juvenile court for a
787	787	hearing seeking:
788	788	(1) exemption from registration under this chapter as
789	789	provided by Article 66.251; or
790	790	(2) an order under Article 66.252(b)(2) that the
791	791	registration become nonpublic.
792	792	(b) The person may file a motion under Subsection (a) in the
793	793	original juvenile case regardless of whether the person, at the
794	794	time of filing the motion, is 18 years of age or older. Notice of
795	795	the motion shall be provided to the prosecuting attorney. A
796	796	hearing on the motion shall be provided as in other cases under this
797	797	subchapter.
798	798	(c) Only one subsequent motion may be filed under Subsection
799	799	(a) if a previous motion under this article has been filed
800	800	concerning the case.
801	801	(d) To the extent feasible, the motion under Subsection (a)
802	802	shall identify those public and private agencies and organizations
803	803	that possess DWI offender registration information about the case.
804	804	(e) The juvenile court, after a hearing, may:
805	805	(1) deny a motion filed under Subsection (a);
806	806	(2) grant a motion described by Subsection (a)(1); or
807	807	(3) grant a motion described by Subsection (a)(2).
808	808	(f) If the court grants a motion filed under Subsection (a),
809	809	the clerk of the court shall send by certified mail, return receipt
810	810	requested, a copy of the order to the department, to each local law
811	811	enforcement authority that the person has proved to the juvenile
812	812	court has registration information about the person, and to each
813	813	public or private agency or organization that the person has proved
814	814	to the juvenile court has information about the person that is
815	815	currently available to the public with or without payment of a fee.
816	816	The clerk of the court shall send by certified mail, return receipt
817	817	requested, a copy of the order to any other agency or organization
818	818	designated by the person. The person shall identify the agency or
819	819	organization and its address and pay a fee of $20 to the court for
820	820	each agency or organization the person designates.
821	821	(g) In addition to disseminating the order under Subsection
822	822	(f), at the request of the person, the clerk of the court shall send
823	823	by certified mail, return receipt requested, a copy of the order to
824	824	each public or private agency or organization that at any time
825	825	following the initial dissemination of the order under Subsection
826	826	(f) gains possession of DWI offender registration information
827	827	pertaining to that person, if the agency or organization did not
828	828	otherwise receive a copy of the order under Subsection (f).
829	829	(h) An order under Subsection (f) must require the recipient
830	830	to conform its records to the court's order by deleting the DWI
831	831	offender registration information or changing its status to
832	832	nonpublic, as applicable.
833	833	(i) A private agency or organization that possesses DWI
834	834	offender registration information the agency or organization
835	835	obtained from a state, county, or local governmental entity is
836	836	required to conform the agency's or organization's records to the
837	837	court's order on or before the 30th day after the date of the entry
838	838	of the order. Failure to comply in that period automatically bars
839	839	the agency or organization from obtaining DWI offender registration
840	840	information from any state, county, or local governmental entity in
841	841	this state in the future.
842	842	Art. 66.254. MOTION, HEARING, AND ORDER CONCERNING PERSON
843	843	REQUIRED TO REGISTER BECAUSE OF OUT-OF-STATE ADJUDICATION. (a) A
844	844	person required to register as a DWI offender in this state because
845	845	of an out-of-state adjudication of delinquent conduct may file in
846	846	the juvenile court of the person's county of residence a petition
847	847	under Article 66.251 for an order exempting the person from
848	848	registration under this chapter.
849	849	(b) If the person is registered as a DWI offender in this
850	850	state because of an out-of-state adjudication of delinquent
851	851	conduct, the person may file in the juvenile court of the person's
852	852	county of residence a petition under Article 66.253 for an order
853	853	removing the person from DWI offender registries in this state.
854	854	(c) On receipt of a petition under this article, the
855	855	juvenile court shall conduct a hearing and make rulings as in other
856	856	cases under this subchapter.
857	857	(d) An order entered under this article requiring removal of
858	858	registration information applies only to registration information
859	859	derived from registration in this state.
860	860	Art. 66.255. WAIVER OF HEARING. (a) The prosecuting
861	861	attorney may waive the state's right to a hearing under this
862	862	subchapter and agree that registration under this chapter is not
863	863	required. A waiver under this subsection must state whether the
864	864	waiver is entered under a plea agreement.
865	865	(b) If the waiver is entered under a plea agreement, the
866	866	court, without a hearing, shall:
867	867	(1) enter an order exempting the respondent from
868	868	registration under this chapter; or
869	869	(2) under Section 54.03(j), Family Code, inform the
870	870	respondent that the court believes a hearing under this article is
871	871	required and give the respondent the opportunity to:
872	872	(A) withdraw the respondent's plea; or
873	873	(B) affirm the respondent's plea and participate
874	874	in the hearing.
875	875	(c) If the waiver is entered other than under a plea
876	876	agreement, the court, without a hearing, shall enter an order
877	877	exempting the respondent from registration under this chapter.
878	878	Art. 66.256. EFFECT OF CERTAIN ORDERS. (a) A person who
879	879	has an adjudication of delinquent conduct that would otherwise be
880	880	reportable under Article 66.001(7) does not have a reportable
881	881	adjudication of delinquent conduct for purposes of this chapter if
882	882	the juvenile court enters an order under this subchapter exempting
883	883	the person from the registration requirements of this chapter.
884	884	(b) If the juvenile court enters an order exempting a person
885	885	from registration under this chapter, the respondent may not be
886	886	required to register in this or any other state for the offense for
887	887	which registration was exempted.
888	888	Art. 66.257. APPEAL OF CERTAIN ORDERS. (a)
889	889	Notwithstanding Section 56.01, Family Code, on entry by a juvenile
890	890	court of an order under Article 66.252(a) exempting a respondent
891	891	from registration under this chapter, the prosecuting attorney may
892	892	appeal that order by giving notice of appeal within the time
893	893	required under Rule 26.2(b), Texas Rules of Appellate Procedure.
894	894	The appeal is civil and the standard of review in the appellate
895	895	court is whether the juvenile court committed procedural error or
896	896	abused its discretion in exempting the respondent from registration
897	897	under this chapter. The appeal is limited to review of the order
898	898	exempting the respondent from registration under this chapter and
899	899	may not include any other issues in the case.
900	900	(b) A respondent may under Section 56.01, Family Code,
901	901	appeal a juvenile court's order under Article 66.252(a) requiring
902	902	registration in the same manner as the appeal of any other legal
903	903	issue in the case. The standard of review in the appellate court is
904	904	whether the juvenile court committed procedural error or abused its
905	905	discretion in requiring registration.
906	906	[Articles 66.258-66.300 reserved for expansion]
907	907	SUBCHAPTER G. FUNDING
908	908	Art. 66.301. DWI OFFENDER REGISTRATION ACCOUNT. (a) The
909	909	DWI offender registration account is established as an account in
910	910	the general revenue fund. Money in the account may be appropriated
911	911	only to the department to implement this chapter.
912	912	(b) The account is composed of money deposited to the
913	913	account under Article 102.0183 and the earnings of the account.
914	914	(c) Sections 403.095 and 404.071, Government Code, do not
915	915	apply to the account.
916	916	SECTION 2. Chapter 13, Code of Criminal Procedure, is
917	917	amended by adding Article 13.33 to read as follows:
918	918	Art. 13.33. FAILURE TO COMPLY WITH DWI OFFENDER
919	919	REGISTRATION STATUTE. An offense under Chapter 66 may be
920	920	prosecuted in:
921	921	(1) any county in which an element of the offense
922	922	occurs;
923	923	(2) the county in which the person subject to Chapter
924	924	66 last registered, verified registration, or otherwise complied
925	925	with a requirement of Chapter 66;
926	926	(3) the county in which the person required to
927	927	register under Chapter 66 has indicated that the person intends to
928	928	reside; or
929	929	(4) any county in which the person required to
930	930	register under Chapter 66 is placed under custodial arrest for an
931	931	offense subsequent to the person's most recent reportable
932	932	conviction or adjudication under Chapter 66.
933	933	SECTION 3. Section 1, Article 42.01, Code of Criminal
934	934	Procedure, is amended to read as follows:
935	935	Sec. 1. A judgment is the written declaration of the court
936	936	signed by the trial judge and entered of record showing the
937	937	conviction or acquittal of the defendant. The sentence served
938	938	shall be based on the information contained in the judgment. The
939	939	judgment shall reflect:
940	940	1. The title and number of the case;
941	941	2. That the case was called and the parties appeared,
942	942	naming the attorney for the state, the defendant, and the attorney
943	943	for the defendant, or, where a defendant is not represented by
944	944	counsel, that the defendant knowingly, intelligently, and
945	945	voluntarily waived the right to representation by counsel;
946	946	3. The plea or pleas of the defendant to the offense
947	947	charged;
948	948	4. Whether the case was tried before a jury or a jury
949	949	was waived;
950	950	5. The submission of the evidence, if any;
951	951	6. In cases tried before a jury that the jury was
952	952	charged by the court;
953	953	7. The verdict or verdicts of the jury or the finding
954	954	or findings of the court;
955	955	8. In the event of a conviction that the defendant is
956	956	adjudged guilty of the offense as found by the verdict of the jury
957	957	or the finding of the court, and that the defendant be punished in
958	958	accordance with the jury's verdict or the court's finding as to the
959	959	proper punishment;
960	960	9. In the event of conviction where death or any
961	961	punishment is assessed that the defendant be sentenced to death, a
962	962	term of confinement or community supervision, or to pay a fine, as
963	963	the case may be;
964	964	10. In the event of conviction where the imposition of
965	965	sentence is suspended and the defendant is placed on community
966	966	supervision, setting forth the punishment assessed, the length of
967	967	community supervision, and the conditions of community
968	968	supervision;
969	969	11. In the event of acquittal that the defendant be
970	970	discharged;
971	971	12. The county and court in which the case was tried
972	972	and, if there was a change of venue in the case, the name of the
973	973	county in which the prosecution was originated;
974	974	13. The offense or offenses for which the defendant
975	975	was convicted;
976	976	14. The date of the offense or offenses and degree of
977	977	offense for which the defendant was convicted;
978	978	15. The term of sentence;
979	979	16. The date judgment is entered;
980	980	17. The date sentence is imposed;
981	981	18. The date sentence is to commence and any credit for
982	982	time served;
983	983	19. The terms of any order entered pursuant to Article
984	984	42.08 of this code that the defendant's sentence is to run
985	985	cumulatively or concurrently with another sentence or sentences;
986	986	20. The terms of any plea bargain;
987	987	21. Affirmative findings entered pursuant to
988	988	Subdivision (2) of Subsection (a) of Section 3g of Article 42.12 of
989	989	this code;
990	990	22. The terms of any fee payment ordered under Article
991	991	42.151 of this code;
992	992	23. The defendant's thumbprint taken in accordance
993	993	with Article 38.33 of this code;
994	994	24. In the event that the judge orders the defendant to
995	995	repay a reward or part of a reward under Articles 37.073 and 42.152
996	996	of this code, a statement of the amount of the payment or payments
997	997	required to be made;
998	998	25. In the event that the court orders restitution to
999	999	be paid to the victim, a statement of the amount of restitution
1000	1000	ordered and:
1001	1001	(A) the name of the victim and the permanent
1002	1002	mailing address of the victim at the time of the judgment; or
1003	1003	(B) if the court determines that the inclusion of
1004	1004	the victim's name and address in the judgment is not in the best
1005	1005	interest of the victim, the name and address of a person or agency
1006	1006	that will accept and forward restitution payments to the victim;
1007	1007	26. In the event that a presentence investigation is
1008	1008	required by Section 9(a), [(b),] (h), or (i), Article 42.12 of this
1009	1009	code, a statement that the presentence investigation was done
1010	1010	according to the applicable provision;
1011	1011	27. In the event of conviction of an offense for which
1012	1012	registration as a sex offender is required under Chapter 62, a
1013	1013	statement that the registration requirement of that chapter applies
1014	1014	to the defendant and a statement of the age of the victim of the
1015	1015	offense;
1016	1016	28. In the event of conviction of an offense for which
1017	1017	registration as a DWI offender is required under Chapter 66, a
1018	1018	statement that the registration requirement of that chapter applies
1019	1019	to the defendant;
1020	1020	29. The defendant's state identification number
1021	1021	required by Article [Section] 60.052(a)(2), if that number has been
1022	1022	assigned at the time of the judgment; and
1023	1023	30 [29]. The incident number required by Article
1024	1024	[Section] 60.052(a)(4), if that number has been assigned at the
1025	1025	time of the judgment.
1026	1026	SECTION 4. Chapter 42, Code of Criminal Procedure, is
1027	1027	amended by adding Article 42.0161 to read as follows:
1028	1028	Art. 42.0161. SPECIAL DRIVER'S LICENSE OR IDENTIFICATION
1029	1029	REQUIREMENTS FOR CERTAIN DWI OFFENDERS. If a person is convicted
1030	1030	of, receives a grant of deferred adjudication for, or is
1031	1031	adjudicated as having engaged in delinquent conduct based on a
1032	1032	violation of an offense for which a conviction or adjudication
1033	1033	requires registration as a DWI offender under Chapter 66, the court
1034	1034	shall:
1035	1035	(1) issue an order requiring the Texas Department of
1036	1036	Public Safety to include in any driver's license record or personal
1037	1037	identification certificate record maintained by the department for
1038	1038	the person an indication that the person is subject to the
1039	1039	registration requirements of Chapter 66;
1040	1040	(2) require the person to apply to the Texas
1041	1041	Department of Public Safety in person for an original or renewal
1042	1042	driver's license, if eligible for the license, or an original or
1043	1043	renewal personal identification certificate not later than the 30th
1044	1044	day after the date the person is released or the date the department
1045	1045	sends written notice to the person of the requirements of Article
1046	1046	66.057, as applicable, and to annually renew the license or
1047	1047	certificate;
1048	1048	(3) notify the person of the consequence of the
1049	1049	conviction or order of deferred adjudication as it relates to the
1050	1050	order issued under this article; and
1051	1051	(4) send to the Texas Department of Public Safety a
1052	1052	copy of the record of conviction, a copy of the order granting
1053	1053	deferred adjudication, or a copy of the juvenile adjudication, as
1054	1054	applicable, and a copy of the order issued under this article.
1055	1055	SECTION 5. Section 13, Article 42.12, Code of Criminal
1056	1056	Procedure, is amended by adding Subsection (o) to read as follows:
1057	1057	(o) A judge granting community supervision to a defendant
1058	1058	required to register as a DWI offender under Chapter 66 shall
1059	1059	require that the defendant, as a condition of community
1060	1060	supervision, register under that chapter.
1061	1061	SECTION 6. Subchapter A, Chapter 102, Code of Criminal
1062	1062	Procedure, is amended by adding Article 102.0183 to read as
1063	1063	follows:
1064	1064	Art. 102.0183. ADDITIONAL COSTS ATTENDANT TO INTOXICATION
1065	1065	CONVICTIONS: DWI OFFENDER REGISTRY. (a) In addition to the costs
1066	1066	on conviction imposed by this chapter, a person convicted of an
1067	1067	offense for which registration as a DWI offender is required under
1068	1068	Chapter 66 shall pay $150 on conviction of the offense.
1069	1069	(b) In this article, a defendant is considered convicted if:
1070	1070	(1) a sentence is imposed on the defendant; or
1071	1071	(2) the defendant is placed on community supervision,
1072	1072	including deferred adjudication community supervision.
1073	1073	(c) Costs imposed under this article are collected in the
1074	1074	same manner as other costs collected under Section 133.102, Local
1075	1075	Government Code.
1076	1076	(d) The officer collecting the costs under this article
1077	1077	shall keep separate records of the money collected and shall pay the
1078	1078	money to the custodian of the county treasury.
1079	1079	(e) The custodian of the county treasury shall:
1080	1080	(1) keep records of the amount of money collected
1081	1081	under this article that is deposited with the treasury under this
1082	1082	article; and
1083	1083	(2) not later than the last day of the first month
1084	1084	following each calendar quarter:
1085	1085	(A) pay the money collected under this article
1086	1086	during the preceding calendar quarter to the comptroller; or
1087	1087	(B) if, in the calendar quarter, the custodian of
1088	1088	the county treasury did not receive any money attributable to costs
1089	1089	paid under this article, file a report with the comptroller stating
1090	1090	that fact.
1091	1091	(f) The comptroller shall deposit the funds received under
1092	1092	this article to the credit of the account established under
1093	1093	Subchapter G, Chapter 66.
1094	1094	SECTION 7. Section 51.072(f), Family Code, is amended to
1095	1095	read as follows:
1096	1096	(f) Not later than 10 business days after a receiving county
1097	1097	has agreed to provide interim supervision of a child, the juvenile
1098	1098	probation department of the sending county shall provide the
1099	1099	juvenile probation department of the receiving county with a copy
1100	1100	of the following documents:
1101	1101	(1) the petition and the adjudication and disposition
1102	1102	orders for the child, including the child's thumbprint;
1103	1103	(2) the child's conditions of probation;
1104	1104	(3) the social history report for the child;
1105	1105	(4) any psychological or psychiatric reports
1106	1106	concerning the child;
1107	1107	(5) the Department of Public Safety CR 43J form or
1108	1108	tracking incident number concerning the child;
1109	1109	(6) any law enforcement incident reports concerning
1110	1110	the offense for which the child is on probation;
1111	1111	(7) any sex offender registration information
1112	1112	concerning the child;
1113	1113	(7-a) any DWI offender registration information
1114	1114	concerning the child;
1115	1115	(8) any juvenile probation department progress
1116	1116	reports concerning the child and any other pertinent documentation
1117	1117	for the child's probation officer;
1118	1118	(9) case plans concerning the child;
1119	1119	(10) the Texas Juvenile Probation Commission standard
1120	1120	assessment tool results for the child;
1121	1121	(11) the computerized referral and case history for
1122	1122	the child, including case disposition;
1123	1123	(12) the child's birth certificate;
1124	1124	(13) the child's social security number or social
1125	1125	security card, if available;
1126	1126	(14) the name, address, and telephone number of the
1127	1127	contact person in the sending county's juvenile probation
1128	1128	department;
1129	1129	(15) Title IV-E eligibility screening information for
1130	1130	the child, if available;
1131	1131	(16) the address in the sending county for forwarding
1132	1132	funds collected to which the sending county is entitled;
1133	1133	(17) any of the child's school or immunization records
1134	1134	that the juvenile probation department of the sending county
1135	1135	possesses; and
1136	1136	(18) any victim information concerning the case for
1137	1137	which the child is on probation.
1138	1138	SECTION 8. Section 54.051, Family Code, is amended by
1139	1139	adding Subsections (j) and (k) to read as follows:
1140	1140	(j) If the juvenile court places the child on probation for
1141	1141	an offense for which registration as a DWI offender is required by
1142	1142	Chapter 66, Code of Criminal Procedure, and defers the registration
1143	1143	requirement until completion of treatment for substance abuse under
1144	1144	Subchapter F, Chapter 66, Code of Criminal Procedure, the authority
1145	1145	under that chapter to reexamine the need for registration on
1146	1146	completion of treatment is transferred to the court to which
1147	1147	probation is transferred.
1148	1148	(k) If the juvenile court places the child on probation for
1149	1149	an offense for which registration as a DWI offender is required by
1150	1150	Chapter 66, Code of Criminal Procedure, and the child registers,
1151	1151	the authority of the court to excuse further compliance with the
1152	1152	registration requirement under Subchapter F, Chapter 66, Code of
1153	1153	Criminal Procedure, is transferred to the court to which probation
1154	1154	is transferred.
1155	1155	SECTION 9. Section 58.202, Family Code, is amended to read
1156	1156	as follows:
1157	1157	Sec. 58.202. EXEMPTED RECORDS. The following records are
1158	1158	exempt from this subchapter:
1159	1159	(1) sex offender registration records maintained by
1160	1160	the department or a local law enforcement agency under Chapter 62,
1161	1161	Code of Criminal Procedure; [and]
1162	1162	(2) DWI offender registration records maintained by
1163	1163	the department or a local law enforcement agency under Chapter 66,
1164	1164	Code of Criminal Procedure; and
1165	1165	(3) records relating to a criminal combination or
1166	1166	criminal street gang maintained by the department or a local law
1167	1167	enforcement agency under Chapter 61, Code of Criminal Procedure.
1168	1168	SECTION 10. Subchapter C, Chapter 102, Government Code, is
1169	1169	amended by adding Section 102.0413 to read as follows:
1170	1170	Sec. 102.0413. DWI OFFENDER REGISTRY FEE ON CONVICTION IN
1171	1171	DISTRICT COURT: CODE OF CRIMINAL PROCEDURE. The clerk of a
1172	1172	district court shall collect from a defendant a $150 court cost
1173	1173	under Article 102.0183, Code of Criminal Procedure, on conviction
1174	1174	of an offense for which registration as a DWI offender is required
1175	1175	under Chapter 66, Code of Criminal Procedure.
1176	1176	SECTION 11. Subchapter D, Chapter 102, Government Code, is
1177	1177	amended by adding Section 102.0613 to read as follows:
1178	1178	Sec. 102.0613. DWI OFFENDER REGISTRY FEE ON CONVICTION IN
1179	1179	STATUTORY COUNTY COURT: CODE OF CRIMINAL PROCEDURE. The clerk of a
1180	1180	statutory county court shall collect from a defendant a $150 court
1181	1181	cost under Article 102.0183, Code of Criminal Procedure, on
1182	1182	conviction of an offense for which registration as a DWI offender is
1183	1183	required under Chapter 66, Code of Criminal Procedure.
1184	1184	SECTION 12. Subchapter E, Chapter 102, Government Code, is
1185	1185	amended by adding Section 102.0813 to read as follows:
1186	1186	Sec. 102.0813. DWI OFFENDER REGISTRY FEE ON CONVICTION IN
1187	1187	COUNTY COURT: CODE OF CRIMINAL PROCEDURE. The clerk of a county
1188	1188	court shall collect from a defendant a $150 court cost under Article
1189	1189	102.0183, Code of Criminal Procedure, on conviction of an offense
1190	1190	for which registration as a DWI offender is required under Chapter
1191	1191	66, Code of Criminal Procedure.
1192	1192	SECTION 13. Section 411.088(b), Government Code, is amended
1193	1193	to read as follows:
1194	1194	(b) The department may not charge for processing an
1195	1195	electronic inquiry for information described as public information
1196	1196	under Article 62.005 or 66.005, Code of Criminal Procedure, made
1197	1197	through the use of the Internet.
1198	1198	SECTION 14. Subchapter F, Chapter 508, Government Code, is
1199	1199	amended by adding Section 508.1861 to read as follows:
1200	1200	Sec. 508.1861. DWI OFFENDER REGISTRATION. A parole panel
1201	1201	shall require as a condition of parole or mandatory supervision
1202	1202	that a releasee required to register as a DWI offender under Chapter
1203	1203	66, Code of Criminal Procedure, register under that chapter.
1204	1204	SECTION 15. Section 508.313(e), Government Code, is amended
1205	1205	to read as follows:
1206	1206	(e) This section does not apply to information relating to:
1207	1207	(1) a sex offender that is authorized for release
1208	1208	under Chapter 62, Code of Criminal Procedure; or
1209	1209	(2) a DWI offender that is authorized for release
1210	1210	under Chapter 66, Code of Criminal Procedure.
1211	1211	SECTION 16. Subchapter C, Chapter 521, Transportation Code,
1212	1212	is amended by adding Section 521.0571 to read as follows:
1213	1213	Sec. 521.0571. INFORMATION REGARDING CERTAIN DWI
1214	1214	OFFENDERS. (a) On receipt of a court order issued under Article
1215	1215	42.0161, Code of Criminal Procedure, the department shall ensure
1216	1216	that any driver's license record or personal identification
1217	1217	certificate record maintained by the department for the person
1218	1218	includes an indication that the person is subject to the
1219	1219	registration requirements of Chapter 66, Code of Criminal
1220	1220	Procedure.
1221	1221	(b) The department shall include the indication required by
1222	1222	Subsection (a) in any driver's license record or personal
1223	1223	identification certificate record maintained by the department for
1224	1224	the person until the expiration of the person's duty to register
1225	1225	under Chapter 66, Code of Criminal Procedure.
1226	1226	SECTION 17. Subchapter E, Chapter 521, Transportation Code,
1227	1227	is amended by adding Section 521.1031 to read as follows:
1228	1228	Sec. 521.1031. EXPIRATION AND RENEWAL REQUIREMENTS FOR
1229	1229	CERTAIN DWI OFFENDERS. (a) The department may issue an original or
1230	1230	renewal personal identification certificate to a person whose
1231	1231	driver's license or personal identification certificate record
1232	1232	indicates that the person is subject to the registration
1233	1233	requirements of Chapter 66, Code of Criminal Procedure, only if the
1234	1234	person:
1235	1235	(1) applies in person for the issuance of a
1236	1236	certificate under this section; and
1237	1237	(2) pays a fee of $25.
1238	1238	(b) A personal identification certificate issued under this
1239	1239	section or a duplicate or corrected certificate expires on the
1240	1240	first birthday of the certificate holder occurring after the date
1241	1241	of application, except that the initial certificate issued under
1242	1242	this section expires on the second birthday of the certificate
1243	1243	holder occurring after the date of application.
1244	1244	SECTION 18. Subchapter M, Chapter 521, Transportation Code,
1245	1245	is amended by adding Section 521.2721 to read as follows:
1246	1246	Sec. 521.2721. RENEWAL OF LICENSE ISSUED TO CERTAIN DWI
1247	1247	OFFENDERS. (a) The department may issue an original or renewal
1248	1248	driver's license to a person whose driver's license or personal
1249	1249	identification certificate record indicates that the person is
1250	1250	subject to the registration requirements of Chapter 66, Code of
1251	1251	Criminal Procedure, only if the person:
1252	1252	(1) applies in person for the issuance of a license
1253	1253	under this section; and
1254	1254	(2) pays the fee required by Section 521.421(j).
1255	1255	(b) Notwithstanding Section 521.143, a person is not
1256	1256	required to provide proof of financial responsibility to receive
1257	1257	the person's initial driver's license under this section.
1258	1258	(c) Notwithstanding Section 521.271, a driver's license
1259	1259	issued under this section or a duplicate or corrected license
1260	1260	expires on the first birthday of the license holder occurring after
1261	1261	the date of application, except that the initial license issued
1262	1262	under this section expires on the second birthday of the license
1263	1263	holder occurring after the date of application. This subsection
1264	1264	does not apply to:
1265	1265	(1) a provisional license;
1266	1266	(2) an instruction permit issued under Section
1267	1267	521.222; or
1268	1268	(3) a hardship license issued under Section 521.223.
1269	1269	SECTION 19. Section 521.274(b), Transportation Code, is
1270	1270	amended to read as follows:
1271	1271	(b) A rule adopted under this section:
1272	1272	(1) may prescribe eligibility standards for renewal
1273	1273	under this section;
1274	1274	(2) may not permit a person subject to the
1275	1275	registration requirements under Chapter 62 or 66, Code of Criminal
1276	1276	Procedure, to register by mail or electronic means; and
1277	1277	(3) may not permit renewal by mail or electronic means
1278	1278	of a driver's license of a person who is 79 years of age or older.
1279	1279	SECTION 20. Subchapter O, Chapter 521, Transportation Code,
1280	1280	is amended by adding Section 521.3481 to read as follows:
1281	1281	Sec. 521.3481. AUTOMATIC REVOCATION FOR CERTAIN DWI
1282	1282	OFFENDERS. (a) A driver's license is automatically revoked if the
1283	1283	holder of the license:
1284	1284	(1) is subject to the registration requirements of
1285	1285	Chapter 66, Code of Criminal Procedure; and
1286	1286	(2) fails to apply to the department for renewal of the
1287	1287	license as required by Article 66.057, Code of Criminal Procedure.
1288	1288	(b) The department may issue a driver's license to a person
1289	1289	whose license is revoked under this section only if the person:
1290	1290	(1) applies for an original or renewal license under
1291	1291	Section 521.2721; and
1292	1292	(2) is otherwise qualified for the license.
1293	1293	SECTION 21. Section 521.421, Transportation Code, is
1294	1294	amended by adding Subsection (j) to read as follows:
1295	1295	(j) The fee for issuance or renewal of a driver's license, a
1296	1296	provisional license, an instruction permit, or a hardship license
1297	1297	issued to a person subject to the registration requirements under
1298	1298	Chapter 66, Code of Criminal Procedure, is $25.
1299	1299	SECTION 22. Section 521.422(a), Transportation Code, is
1300	1300	amended to read as follows:
1301	1301	(a) The fee for a personal identification certificate is:
1302	1302	(1) $15 for a person under 60 years of age;
1303	1303	(2) $5 for a person 60 years of age or older; [and]
1304	1304	(3) $20 for a person subject to the registration
1305	1305	requirements under Chapter 62, Code of Criminal Procedure; and
1306	1306	(4) $25 for a person subject to the registration
1307	1307	requirements under Chapter 66, Code of Criminal Procedure.
1308	1308	SECTION 23. Subchapter C, Chapter 522, Transportation Code,
1309	1309	is amended by adding Section 522.0331 to read as follows:
1310	1310	Sec. 522.0331. COMMERCIAL DRIVER'S LICENSE ISSUED TO
1311	1311	CERTAIN DWI OFFENDERS. (a) The department may issue an original
1312	1312	or renewal commercial driver's license or commercial driver
1313	1313	learner's permit to a person whose driver's license or personal
1314	1314	identification certificate record indicates that the person is
1315	1315	subject to the registration requirements of Chapter 66, Code of
1316	1316	Criminal Procedure, only if the person is otherwise eligible for
1317	1317	the commercial driver's license or commercial driver learner's
1318	1318	permit and:
1319	1319	(1) applies in person for the issuance of a license or
1320	1320	permit under this section; and
1321	1321	(2) pays a fee of $25.
1322	1322	(b) Notwithstanding Section 522.051, a commercial driver's
1323	1323	license or commercial driver learner's permit issued under this
1324	1324	section, including a renewal, duplicate, or corrected license,
1325	1325	expires on the first birthday of the license holder occurring after
1326	1326	the date of application, except that the initial license issued
1327	1327	under this section expires on the second birthday of the license
1328	1328	holder occurring after the date of application.
1329	1329	SECTION 24. The Department of Public Safety shall create
1330	1330	the central database required by Article 66.005, Code of Criminal
1331	1331	Procedure, as added by this Act, not later than January 1, 2010.
1332	1332	SECTION 25. Article 42.01, Code of Criminal Procedure, as
1333	1333	amended by this Act, applies only to a judgment entered by a court
1334	1334	on or after the effective date of this Act. A judgment entered by a
1335	1335	court before the effective date of this Act is governed by the law
1336	1336	in effect when the judgment was entered, and the former law is
1337	1337	continued in effect for that purpose.
1338	1338	SECTION 26. Section 13(o), Article 42.12, Code of Criminal
1339	1339	Procedure, as added by this Act, applies only to a defendant placed
1340	1340	on community supervision on or after the effective date of this Act.
1341	1341	A defendant placed on community supervision before the effective
1342	1342	date of this Act is governed by the law in effect on the date the
1343	1343	defendant was placed on community supervision, and the former law
1344	1344	is continued in effect for that purpose.
1345	1345	SECTION 27. Section 508.1861, Government Code, as added by
1346	1346	this Act, applies only to an inmate released on parole or to
1347	1347	mandatory supervision on or after the effective date of this Act.
1348	1348	An inmate released before the effective date of this Act is governed
1349	1349	by the law in effect on the date the inmate is released, and the
1350	1350	former law is continued in effect for that purpose.
1351	1351	SECTION 28. This Act takes effect January 1, 2010.