| 1 | 1 | | 81R67 KEL-D |
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| 2 | 2 | | By: Berman H.B. No. 265 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the applicability of sex offender registration |
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| 8 | 8 | | requirements to the offense of improper relationship between |
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| 9 | 9 | | educator and student. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Article 62.001(5), Code of Criminal Procedure, |
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| 12 | 12 | | is amended to read as follows: |
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| 13 | 13 | | (5) "Reportable conviction or adjudication" means a |
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| 14 | 14 | | conviction or adjudication, including an adjudication of |
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| 15 | 15 | | delinquent conduct or a deferred adjudication, that, regardless of |
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| 16 | 16 | | the pendency of an appeal, is a conviction for or an adjudication |
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| 17 | 17 | | for or based on: |
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| 18 | 18 | | (A) a violation of Section 21.02 (Continuous |
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| 19 | 19 | | sexual abuse of young child or children), 21.11 (Indecency with a |
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| 20 | 20 | | child), 22.011 (Sexual assault), 22.021 (Aggravated sexual |
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| 21 | 21 | | assault), or 25.02 (Prohibited sexual conduct), Penal Code; |
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| 22 | 22 | | (B) a violation of Section 43.05 (Compelling |
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| 23 | 23 | | prostitution), 43.25 (Sexual performance by a child), or 43.26 |
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| 24 | 24 | | (Possession or promotion of child pornography), Penal Code; |
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| 25 | 25 | | (C) a violation of Section 20.04(a)(4) |
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| 26 | 26 | | (Aggravated kidnapping), Penal Code, if the actor committed the |
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| 27 | 27 | | offense or engaged in the conduct with intent to violate or abuse |
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| 28 | 28 | | the victim sexually; |
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| 29 | 29 | | (D) a violation of Section 30.02 (Burglary), |
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| 30 | 30 | | Penal Code, if the offense or conduct is punishable under |
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| 31 | 31 | | Subsection (d) of that section and the actor committed the offense |
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| 32 | 32 | | or engaged in the conduct with intent to commit a felony listed in |
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| 33 | 33 | | Paragraph (A) or (C); |
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| 34 | 34 | | (E) a violation of Section 20.02 (Unlawful |
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| 35 | 35 | | restraint), 20.03 (Kidnapping), or 20.04 (Aggravated kidnapping), |
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| 36 | 36 | | Penal Code, if, as applicable: |
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| 37 | 37 | | (i) the judgment in the case contains an |
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| 38 | 38 | | affirmative finding under Article 42.015; or |
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| 39 | 39 | | (ii) the order in the hearing or the papers |
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| 40 | 40 | | in the case contain an affirmative finding that the victim or |
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| 41 | 41 | | intended victim was younger than 17 years of age; |
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| 42 | 42 | | (F) the second violation of Section 21.08 |
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| 43 | 43 | | (Indecent exposure), Penal Code, but not if the second violation |
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| 44 | 44 | | results in a deferred adjudication; |
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| 45 | 45 | | (G) an attempt, conspiracy, or solicitation, as |
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| 46 | 46 | | defined by Chapter 15, Penal Code, to commit an offense or engage in |
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| 47 | 47 | | conduct listed in Paragraph (A), (B), (C), (D), [or] (E), or (K); |
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| 48 | 48 | | (H) a violation of the laws of another state, |
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| 49 | 49 | | federal law, the laws of a foreign country, or the Uniform Code of |
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| 50 | 50 | | Military Justice for or based on the violation of an offense |
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| 51 | 51 | | containing elements that are substantially similar to the elements |
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| 52 | 52 | | of an offense listed under Paragraph (A), (B), (C), (D), (E), (G), |
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| 53 | 53 | | [or] (J), or (K), but not if the violation results in a deferred |
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| 54 | 54 | | adjudication; |
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| 55 | 55 | | (I) the second violation of the laws of another |
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| 56 | 56 | | state, federal law, the laws of a foreign country, or the Uniform |
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| 57 | 57 | | Code of Military Justice for or based on the violation of an offense |
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| 58 | 58 | | containing elements that are substantially similar to the elements |
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| 59 | 59 | | of the offense of indecent exposure, but not if the second violation |
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| 60 | 60 | | results in a deferred adjudication; [or] |
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| 61 | 61 | | (J) a violation of Section 33.021 (Online |
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| 62 | 62 | | solicitation of a minor), Penal Code; or |
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| 63 | 63 | | (K) a violation of Section 21.12 (Improper |
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| 64 | 64 | | relationship between educator and student), Penal Code. |
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| 65 | 65 | | SECTION 2. The change in law made by this Act applies to a |
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| 66 | 66 | | person who is subject to Chapter 62, Code of Criminal Procedure, on |
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| 67 | 67 | | or after the effective date of this Act, regardless of whether the |
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| 68 | 68 | | applicable offense or conduct occurs before, on, or after the |
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| 69 | 69 | | effective date of this Act. |
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| 70 | 70 | | SECTION 3. This Act takes effect September 1, 2009. |
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