81R1287 KCR-D
By: Alonzo H.B. No. 190
A BILL TO BE ENTITLED
AN ACT
relating to the period of registration for certain persons who are
or will be required to register as a sex offender.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Subchapter I, Chapter 62, Code of
Criminal Procedure, is amended to read as follows:
SUBCHAPTER I. SHORTENED PERIOD OF REGISTRATION FOR [EARLY
TERMINATION OF] CERTAIN PERSONS [PERSONS' OBLIGATION TO REGISTER]
SECTION 2. Article 62.401, Code of Criminal Procedure, is
amended to read as follows:
Art. 62.401. DEFINITIONS [DEFINITION]. In this subchapter:
(1) "Council"[, "council"] means the Council on Sex
Offender Treatment.
(2) "Eligible person" means a person who:
(A) has a single reportable conviction or
adjudication that appears on the most recent list published under
Article 62.402(b); or
(B) does not have a reportable conviction or
adjudication and is charged with an offense or alleged to have
engaged in conduct the conviction or adjudication of which will
result in the person having a single reportable conviction or
adjudication described by Paragraph (A).
SECTION 3. Articles 62.403(a) and (b), Code of Criminal
Procedure, are amended to read as follows:
(a) The council by rule shall establish, develop, or adopt
an individual risk assessment tool or a group of individual risk
assessment tools that:
(1) evaluates the criminal history of an eligible [a]
person who is or will be required to register under this chapter;
and
(2) seeks to predict:
(A) the likelihood that the person will engage in
criminal activity that may result in the person receiving a second
or subsequent reportable adjudication or conviction; and
(B) the continuing danger, if any, that the
person poses to the community.
(b) On the written request of an eligible [a] person [with a
single reportable adjudication or conviction that appears on the
list published under Article 62.402(b)], the council shall:
(1) evaluate the person using the individual risk
assessment tool or group of individual risk assessment tools
established, developed, or adopted under Subsection (a); and
(2) provide to the person a written report detailing
the outcome of an evaluation conducted under Subdivision (1).
SECTION 4. Articles 62.404, 62.405, 62.406, and 62.407,
Code of Criminal Procedure, are amended to read as follows:
Art. 62.404. MOTION TO SHORTEN REGISTRATION PERIOD [FOR
EARLY TERMINATION]. (a) An eligible [A] person [required to
register under this chapter] who has requested and received an
individual risk assessment under Article 62.403 may file a motion
to shorten the period for which the person is or will be required to
register under this chapter with, as applicable, the trial court in
which the person's case is pending or the trial court that sentenced
the person for the reportable conviction or adjudication [a motion
for early termination of the person's obligation to register under
this chapter].
(b) A motion filed under this article must be accompanied
by:
(1) a written explanation of:
(A) how the person's alleged offense or conduct
will result in a reportable conviction or adjudication that appears
on the list published under Article 62.402(b); or
(B) how the eligible person's reportable
conviction or adjudication [giving rise to the movant's
registration under this chapter] qualifies as a reportable
conviction or adjudication that appears on the list published under
Article 62.402(b); and
(2) a certified copy of a written report detailing the
outcome of an individual risk assessment evaluation conducted under
Article 62.403(b)(1).
Art. 62.405. HEARING ON PETITION. (a) After reviewing a
motion filed with the court under Article 62.404, the court may:
(1) deny without a hearing the movant's request to
shorten the period for which the movant is or will be required to
register under this chapter [for early termination]; or
(2) hold a hearing on the motion to determine whether
to grant or deny the motion.
(b) The court may not grant a motion filed under Article
62.404 if:
(1) the motion is not accompanied by the documents
required under Article 62.404(b); or
(2) the court determines that the reportable
conviction or adjudication for which the movant is or will be
required to register under this chapter is not a reportable
conviction or adjudication for which the movant is or will be
required to register for a period that exceeds the minimum required
registration period under federal law.
Art. 62.406. COSTS OF INDIVIDUAL RISK ASSESSMENT AND OF
COURT. An eligible [A] person [required to register under this
chapter] who files a motion [for early termination of the person's
registration obligation] under Article 62.404 [this chapter] is
responsible for and shall remit to the council and to the court, as
applicable, all costs associated with and incurred by the council
in providing the individual risk assessment or by the court in
holding a hearing under this subchapter.
Art. 62.407. EFFECT OF ORDER SHORTENING PERIOD OF
REGISTRATION [GRANTING EARLY TERMINATION]. (a) If, after notice
to the eligible person and to the prosecuting attorney and a
hearing, the court grants a motion filed under Article 62.404 [for
the early termination of a person's obligation to register under
this chapter], notwithstanding Article 62.101, the person's
obligation to register under this chapter ends on the later of:
(1) the date the court specifies in the court's order
[enters the order of early termination]; or
(2) the date the person has paid each cost described by
Section 62.406.
(b) If the court grants a motion filed under Article 62.404
[for the early termination of a person's obligation to register
under this chapter], any [all] conditions of the eligible person's
parole, release to mandatory supervision, or community supervision
shall be modified in accordance with the court's order.
SECTION 5. The change in law made by this Act applies only
to an offense that is committed or conduct that occurs on or after
the effective date of this Act. An offense that is committed or
conduct that occurs before the effective date of this Act is covered
by the law in effect when the offense was committed or the conduct
occurred, and the former law is continued in effect for that
purpose. For purposes of this section, an offense was committed or
conduct occurred before the effective date of this Act if any
element of the offense or conduct occurred before that date.
SECTION 6. This Act takes effect September 1, 2009.