81R3708 KCR-D
By: Shapiro S.B. No. 2034
A BILL TO BE ENTITLED
AN ACT
relating to the prosecution of certain criminal sexual offenses and
the registration of sex offenders in this state.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 42, Code of Criminal Procedure, is
amended by adding Article 42.0149 to read as follows:
Art. 42.0149. FINDING OF INTENT TO COMMIT CERTAIN SEXUAL
OFFENSES. In the trial of an offense under Section 20.02, Penal
Code, the judge shall make an affirmative finding of fact and enter
the affirmative finding in the judgment of the case if the judge
determines that the defendant committed the offense with the intent
to commit an offense the conviction of which subjects the defendant
to registration under Chapter 62.
SECTION 2. Section 5, Article 42.12, Code of Criminal
Procedure, is amended by adding Subsection (k) to read as follows:
(k) A judge who places on community supervision under this
section a defendant charged with an offense under Section 20.02,
Penal Code, shall make an affirmative finding of fact and file a
statement of that affirmative finding with the papers of the case if
the judge determines that the defendant committed the offense with
the intent to commit an offense the conviction of which subjects the
defendant to registration under Chapter 62.
SECTION 3. Articles 62.001(5), (6), and (10), Code of
Criminal Procedure, are amended to read as follows:
(5) "Reportable conviction or adjudication" means a
conviction or adjudication, including an adjudication of
delinquent conduct or a deferred adjudication, that, regardless of
the pendency of an appeal, is a conviction for or an adjudication
for or based on:
(A) a violation of Section 21.02 (Continuous
sexual abuse of young child or children), 21.11 (Indecency with a
child), 22.011 (Sexual assault), 22.021 (Aggravated sexual
assault), or 25.02 (Prohibited sexual conduct), Penal Code;
(B) a violation of Section 43.05 (Compelling
prostitution), 43.25 (Sexual performance by a child), or 43.26
(Possession or promotion of child pornography), Penal Code;
(C) a violation of Section 20.04(a)(4)
(Aggravated kidnapping), Penal Code, if the actor committed the
offense or engaged in the conduct with intent to violate or abuse
the victim sexually;
(D) a violation of Section 30.02 (Burglary),
Penal Code, if [the offense or conduct is punishable under
Subsection (d) of that section and] the actor committed the offense
or engaged in the conduct with intent to commit a felony listed in
Paragraph (A) or (C);
(E) a violation of Section 20.02 (Unlawful
restraint), 20.03 (Kidnapping), or 20.04 (Aggravated kidnapping),
Penal Code, if, as applicable:
(i) the judgment in the case contains an
affirmative finding under Article 42.0149 or 42.015; or
(ii) the order in the hearing or the papers
in the case contain an affirmative finding that:
(a) the victim or intended victim was
younger than 17 years of age; or
(b) the defendant or respondent
committed the offense or engaged in the conduct with the intent to
commit an offense or engage in conduct the conviction or
adjudication of which requires registration under this chapter;
(F) the second violation of Section 21.08
(Indecent exposure), Penal Code, but not if the second violation
results in a deferred adjudication or the functional equivalent of
a deferred adjudication;
(G) an attempt, conspiracy, or solicitation, as
defined by Chapter 15, Penal Code, to commit an offense or engage in
conduct listed in Paragraph (A), (B), (C), (D), or (E);
(H) a violation of the laws of another state, a
federally recognized Indian tribe, a territory of the United
States, the United States, or [federal law, the laws of] a foreign
country[,] or the Uniform Code of Military Justice for or based on
the violation of an offense containing elements that are
substantially similar to the elements of an offense listed under
Paragraph (A), (B), (C), (D), (E), (G), or (J), including a [but not
if the] violation that results in a deferred adjudication or the
functional equivalent of a deferred adjudication;
(I) the second violation of the laws of another
state, a federally recognized Indian tribe, a territory of the
United States, the United States, or [federal law, the laws of] a
foreign country[,] or the Uniform Code of Military Justice for or
based on the violation of an offense containing elements that are
substantially similar to the elements of the offense of indecent
exposure, but not if the second violation results in a deferred
adjudication or the functional equivalent of a deferred
adjudication; or
(J) a violation of Section 33.021 (Online
solicitation of a minor), Penal Code.
(6) "Sexually violent offense" means any of the
following offenses committed by a person 17 years of age or older:
(A) an offense under Section 21.02 (Continuous
sexual abuse of young child or children), 21.11(a)(1) (Indecency
with a child), 22.011 (Sexual assault), or 22.021 (Aggravated
sexual assault), Penal Code;
(B) an offense under Section 43.25 (Sexual
performance by a child), Penal Code;
(C) an offense under Section 20.04(a)(4)
(Aggravated kidnapping), Penal Code, if the defendant committed the
offense with intent to violate or abuse the victim sexually;
(D) an offense under Section 30.02 (Burglary),
Penal Code, if [the offense is punishable under Subsection (d) of
that section and] the defendant committed the offense with intent
to commit a felony listed in Paragraph (A) or (C) of Subdivision
(5); or
(E) an offense under the laws of another state, a
federally recognized Indian tribe, a territory of the United
States, the United States, or [federal law, the laws of] a foreign
country[,] or the Uniform Code of Military Justice if the offense
contains elements that are substantially similar to the elements of
an offense listed under Paragraph (A), (B), (C), or (D).
(10) "Extrajurisdictional registrant" means a person
who:
(A) is required to register as a sex offender
under:
(i) the laws of another state, a federally
recognized Indian tribe, or a territory of the United States with
which the department has entered into a reciprocal registration
agreement;
(ii) federal law or the Uniform Code of
Military Justice; or
(iii) the laws of a foreign country; and
(B) is not otherwise required to register under
this chapter because:
(i) the person does not have a reportable
conviction for an offense under the laws of the other state, a
federally recognized Indian tribe, a territory of the United
States, the United States, or [federal law, the laws of] the foreign
country[,] or the Uniform Code of Military Justice containing
elements that are substantially similar to the elements of an
offense requiring registration under this chapter; or
(ii) the person does not have a reportable
adjudication of delinquent conduct based on a violation of an
offense under the laws of the other state, a federally recognized
Indian tribe, a territory of the United States, the United States,
or [federal law, or the laws of] the foreign country containing
elements that are substantially similar to the elements of an
offense requiring registration under this chapter.
SECTION 4. Articles 62.003(a) and (b), Code of Criminal
Procedure, are amended to read as follows:
(a) For the purposes of this chapter, the department is
responsible for determining whether an offense under the laws of
another state, a federally recognized Indian tribe, a territory of
the United States, the United States, or [federal law, the laws of]
a foreign country[,] or the Uniform Code of Military Justice
contains elements that are substantially similar to the elements of
an offense under the laws of this state.
(b) The department annually shall provide or make available
to each prosecuting attorney's office in this state:
(1) the criteria used in making a determination under
Subsection (a); and
(2) any existing record or compilation of offenses
under the laws of another state, a federally recognized Indian
tribe, a territory of the United States, the United States, and
[federal law, the laws of] a foreign country[,] and the Uniform Code
of Military Justice that the department has already determined to
contain elements that are substantially similar to the elements of
offenses under the laws of this state.
SECTION 5. Article 62.052(b), Code of Criminal Procedure,
is amended to read as follows:
(b) The duty to register for an extrajurisdictional
registrant expires on the date the person's duty to register would
expire under, as applicable:
(1) the laws of the other state or the federally
recognized Indian tribe, territory of the United States, or foreign
country had the person remained in the applicable jurisdiction; or
(2) [that state or foreign country, under] federal
law[,] or [under] the Uniform Code of Military Justice[, as
applicable].
SECTION 6. Article 62.054, Code of Criminal Procedure, is
amended to read as follows:
Art. 62.054. CIRCUMSTANCES REQUIRING NOTICE TO
SUPERINTENDENT OR SCHOOL ADMINISTRATOR. (a) A local law
enforcement authority shall provide notice to the superintendent
and each administrator under Article 62.053(e) or 62.055(f) only
if:
(1) the victim was at the time of the offense a child
younger than 17 years of age or a student enrolled in a public or
private secondary school;
(2) the person subject to registration is a student
enrolled in a public or private secondary school; or
(3) the basis on which the person is subject to
registration is a conviction, a deferred adjudication, or an
adjudication of delinquent conduct for an offense under Section
43.25 or 43.26, Penal Code, or an offense under the laws of another
state, a federally recognized Indian tribe, a territory of the
United States, the United States, or a foreign country [federal
law,] or the Uniform Code of Military Justice that contains
elements substantially similar to the elements of an offense under
either of those sections.
(b) A local law enforcement authority may not provide notice
to the superintendent or any administrator under Article 62.053(e)
or 62.055(f) if the basis on which the person is subject to
registration is a conviction, a deferred adjudication, or an
adjudication of delinquent conduct for an offense under Section
25.02, Penal Code, or an offense under the laws of another state, a
federally recognized Indian tribe, a territory of the United
States, the United States, or a foreign country [federal law,] or
the Uniform Code of Military Justice that contains elements
substantially similar to the elements of an offense under that
section.
SECTION 7. Articles 62.057(a) and (b), Code of Criminal
Procedure, are amended to read as follows:
(a) If the juvenile probation officer, community
supervision and corrections department officer, or parole officer
supervising a person subject to registration under this chapter
receives notice [information] to the effect that the accuracy or
completeness of any information contained in the person's
registration form has changed or that the person's status has
changed in any manner that affects proper supervision of the
person, including a change in the person's name, physical health,
job or educational status, including higher educational status,
incarceration, or terms of release, the supervising officer shall
promptly notify the appropriate local law enforcement authority or
authorities of that change. If the person required to register
intends to change address, the supervising officer shall notify the
local law enforcement authorities designated by Article
62.055(b). Not later than the seventh day after the date the
supervising officer receives the relevant information, the
supervising officer shall notify the local law enforcement
authority of any change in the person's job or educational status in
which the person:
(1) becomes employed, begins to carry on a vocation,
or becomes a student at a particular public or private institution
of higher education; or
(2) terminates the person's status in that capacity.
(b) Not later than the seventh day after the date of the
change, a person subject to registration under this chapter shall
report to the local law enforcement authority designated as the
person's primary registration authority by the department any
change in:
(1) the accuracy or completeness of any information
contained in the person's registration form; or
(2) the person's name, physical health, or job or
educational status, including higher educational status.
SECTION 8. Article 62.301, Code of Criminal Procedure, is
amended by amending Subsection (a) and adding Subsection (c-1) to
read as follows:
(a) If eligible under Subsection (b), [or] (c), or (c-1), a
person required to register under this chapter may petition the
court having jurisdiction over the case for an order exempting the
person from registration under this chapter at any time after the
person's sentencing or after the person is placed on deferred
adjudication community supervision.
(c-1)(1) This subsection applies to a person who is:
(A) required to register under this chapter only
as a result of a single reportable conviction or adjudication,
other than an adjudication of delinquent conduct, for an offense
under a law described by Article 62.001(5)(H) and containing
elements that are substantially similar to the elements of an
offense under Section 21.11, 22.011, 22.021, or 43.25, Penal Code;
and
(B) not required to register as a sex offender
under the law described by Article 62.001(5)(H) or is required to
register as a sex offender under that law but is eligible under that
law to petition a court for an order exempting the person from
registration and has not been denied the exemption.
(2) A person to whom this subsection applies is
eligible, in the manner described by Subsection (a), to petition a
district court of the county in which the person's primary
registration authority is located. The court may consider the
petition only if the petition states and the court finds that the
person would have been entitled to the entry of an affirmative
finding under Article 42.017 or Section 5(g), Article 42.12, as
appropriate, had the conviction or placement on deferred
adjudication community supervision occurred under the laws of this
state on or after September 1, 2001.
SECTION 9. Article 62.402, Code of Criminal Procedure, is
amended to read as follows:
Art. 62.402. DETERMINATION OF MINIMUM REQUIRED
REGISTRATION PERIOD. (a) The department [council] by rule shall
determine the minimum required registration period under the Adam
Walsh Child Protection and Safety Act of 2006 (42 U.S.C. Section
16901 et seq.) [14071 (Jacob Wetterling Crimes Against Children and
Sexually Violent Offender Registration Program)] for each
reportable conviction or adjudication under this chapter, if this
state is to receive the maximum amount of federal money available to
a state as described by that law.
(b) After determining the minimum required registration
period for each reportable conviction or adjudication under
Subsection (a), the department [council] shall compile and publish
a list of reportable convictions or adjudications for which a
person must register under this chapter for a period that exceeds
the minimum required registration period under federal law.
(c) To the extent possible, the department [council] shall
periodically verify with the Office of Sex Offender Sentencing,
Monitoring, Apprehending, Registering, and Tracking [Bureau of
Justice Assistance] or another appropriate federal agency the
accuracy of the list of reportable convictions or adjudications
described by Subsection (b).
SECTION 10. Section 54.04, Family Code, is amended by
adding Subsection (y) to read as follows:
(y) A judge who orders a disposition under this section for
delinquent conduct based on a violation of Section 20.02, Penal
Code, shall make an affirmative finding of fact and enter the
affirmative finding in the order if the judge determines that the
respondent engaged in the conduct with the intent to engage in
conduct the adjudication of which subjects the respondent to
registration under Chapter 62.
SECTION 11. Article 42.0149, Code of Criminal Procedure,
Section 5(k), Article 42.12, Code of Criminal Procedure, and
Section 54.04(y), Family Code, as added by this Act, apply only to a
judgment of conviction entered on or after the effective date of
this Act, a grant of deferred adjudication made on or after the
effective date of this Act, or a disposition of delinquent conduct
made on or after the effective date of this Act.
SECTION 12. The change in law made by this Act in amending
Chapter 62, Code of Criminal Procedure, applies to any person who,
on or after the effective date of this Act, is subject to
registration under that chapter regardless of whether the offense
or conduct for which the person is subject to registration was
committed or engaged in before, on, or after the effective date of
this Act.
SECTION 13. This Act takes effect September 1, 2009.