Texas 2009 - 81st Regular

Texas House Bill HB190 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	81R1287 KCR-D
2	2	By: Alonzo H.B. No. 190
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the period of registration for certain persons who are
8	8	or will be required to register as a sex offender.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. The heading to Subchapter I, Chapter 62, Code of
11	11	Criminal Procedure, is amended to read as follows:
12	12	SUBCHAPTER I. SHORTENED PERIOD OF REGISTRATION FOR [EARLY
13	13	TERMINATION OF] CERTAIN PERSONS [PERSONS' OBLIGATION TO REGISTER]
14	14	SECTION 2. Article 62.401, Code of Criminal Procedure, is
15	15	amended to read as follows:
16	16	Art. 62.401. DEFINITIONS [DEFINITION]. In this subchapter:
17	17	(1) "Council"[, "council"] means the Council on Sex
18	18	Offender Treatment.
19	19	(2) "Eligible person" means a person who:
20	20	(A) has a single reportable conviction or
21	21	adjudication that appears on the most recent list published under
22	22	Article 62.402(b); or
23	23	(B) does not have a reportable conviction or
24	24	adjudication and is charged with an offense or alleged to have
25	25	engaged in conduct the conviction or adjudication of which will
26	26	result in the person having a single reportable conviction or
27	27	adjudication described by Paragraph (A).
28	28	SECTION 3. Articles 62.403(a) and (b), Code of Criminal
29	29	Procedure, are amended to read as follows:
30	30	(a) The council by rule shall establish, develop, or adopt
31	31	an individual risk assessment tool or a group of individual risk
32	32	assessment tools that:
33	33	(1) evaluates the criminal history of an eligible [a]
34	34	person who is or will be required to register under this chapter;
35	35	and
36	36	(2) seeks to predict:
37	37	(A) the likelihood that the person will engage in
38	38	criminal activity that may result in the person receiving a second
39	39	or subsequent reportable adjudication or conviction; and
40	40	(B) the continuing danger, if any, that the
41	41	person poses to the community.
42	42	(b) On the written request of an eligible [a] person [with a
43	43	single reportable adjudication or conviction that appears on the
44	44	list published under Article 62.402(b)], the council shall:
45	45	(1) evaluate the person using the individual risk
46	46	assessment tool or group of individual risk assessment tools
47	47	established, developed, or adopted under Subsection (a); and
48	48	(2) provide to the person a written report detailing
49	49	the outcome of an evaluation conducted under Subdivision (1).
50	50	SECTION 4. Articles 62.404, 62.405, 62.406, and 62.407,
51	51	Code of Criminal Procedure, are amended to read as follows:
52	52	Art. 62.404. MOTION TO SHORTEN REGISTRATION PERIOD [FOR
53	53	EARLY TERMINATION]. (a) An eligible [A] person [required to
54	54	register under this chapter] who has requested and received an
55	55	individual risk assessment under Article 62.403 may file a motion
56	56	to shorten the period for which the person is or will be required to
57	57	register under this chapter with, as applicable, the trial court in
58	58	which the person's case is pending or the trial court that sentenced
59	59	the person for the reportable conviction or adjudication [a motion
60	60	for early termination of the person's obligation to register under
61	61	this chapter].
62	62	(b) A motion filed under this article must be accompanied
63	63	by:
64	64	(1) a written explanation of:
65	65	(A) how the person's alleged offense or conduct
66	66	will result in a reportable conviction or adjudication that appears
67	67	on the list published under Article 62.402(b); or
68	68	(B) how the eligible person's reportable
69	69	conviction or adjudication [giving rise to the movant's
70	70	registration under this chapter] qualifies as a reportable
71	71	conviction or adjudication that appears on the list published under
72	72	Article 62.402(b); and
73	73	(2) a certified copy of a written report detailing the
74	74	outcome of an individual risk assessment evaluation conducted under
75	75	Article 62.403(b)(1).
76	76	Art. 62.405. HEARING ON PETITION. (a) After reviewing a
77	77	motion filed with the court under Article 62.404, the court may:
78	78	(1) deny without a hearing the movant's request to
79	79	shorten the period for which the movant is or will be required to
80	80	register under this chapter [for early termination]; or
81	81	(2) hold a hearing on the motion to determine whether
82	82	to grant or deny the motion.
83	83	(b) The court may not grant a motion filed under Article
84	84	62.404 if:
85	85	(1) the motion is not accompanied by the documents
86	86	required under Article 62.404(b); or
87	87	(2) the court determines that the reportable
88	88	conviction or adjudication for which the movant is or will be
89	89	required to register under this chapter is not a reportable
90	90	conviction or adjudication for which the movant is or will be
91	91	required to register for a period that exceeds the minimum required
92	92	registration period under federal law.
93	93	Art. 62.406. COSTS OF INDIVIDUAL RISK ASSESSMENT AND OF
94	94	COURT. An eligible [A] person [required to register under this
95	95	chapter] who files a motion [for early termination of the person's
96	96	registration obligation] under Article 62.404 [this chapter] is
97	97	responsible for and shall remit to the council and to the court, as
98	98	applicable, all costs associated with and incurred by the council
99	99	in providing the individual risk assessment or by the court in
100	100	holding a hearing under this subchapter.
101	101	Art. 62.407. EFFECT OF ORDER SHORTENING PERIOD OF
102	102	REGISTRATION [GRANTING EARLY TERMINATION]. (a) If, after notice
103	103	to the eligible person and to the prosecuting attorney and a
104	104	hearing, the court grants a motion filed under Article 62.404 [for
105	105	the early termination of a person's obligation to register under
106	106	this chapter], notwithstanding Article 62.101, the person's
107	107	obligation to register under this chapter ends on the later of:
108	108	(1) the date the court specifies in the court's order
109	109	[enters the order of early termination]; or
110	110	(2) the date the person has paid each cost described by
111	111	Section 62.406.
112	112	(b) If the court grants a motion filed under Article 62.404
113	113	[for the early termination of a person's obligation to register
114	114	under this chapter], any [all] conditions of the eligible person's
115	115	parole, release to mandatory supervision, or community supervision
116	116	shall be modified in accordance with the court's order.
117	117	SECTION 5. The change in law made by this Act applies only
118	118	to an offense that is committed or conduct that occurs on or after
119	119	the effective date of this Act. An offense that is committed or
120	120	conduct that occurs before the effective date of this Act is covered
121	121	by the law in effect when the offense was committed or the conduct
122	122	occurred, and the former law is continued in effect for that
123	123	purpose. For purposes of this section, an offense was committed or
124	124	conduct occurred before the effective date of this Act if any
125	125	element of the offense or conduct occurred before that date.
126	126	SECTION 6. This Act takes effect September 1, 2009.