Texas 2017 - 85th Regular

Texas House Bill HB2879 Compare Versions

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

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1	1	By: Dutton H.B. No. 2879
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to treatment and registration of juveniles adjudicated for
7	7	a sexual offense.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Article 62.001, Chapter 62, Code of Criminal
10	10	Procedure, is amended by amending Subdivisions (5) and (10) and
11	11	adding Subdivision (5-a) to read as follows:
12	12	(5) "Reportable conviction [or adjudication]" means a
13	13	conviction [or adjudication, including an adjudication of
14	14	delinquent conduct] or a deferred adjudication, that, regardless of
15	15	the pendency of an appeal, is a conviction for or [an adjudication
16	16	for or] based on:
17	17	(A) a violation of Section 21.02 (Continuous
18	18	sexual abuse of young child or children), 21.11 (Indecency with a
19	19	child), 22.011 (Sexual assault), 22.021 (Aggravated sexual
20	20	assault), or 25.02 (Prohibited sexual conduct), Penal Code;
21	21	(B) a violation of Section 43.05 (Compelling
22	22	prostitution), 43.25 (Sexual performance by a child), or 43.26
23	23	(Possession or promotion of child pornography), Penal Code;
24	24	(B-1) a violation of Section 43.02
25	25	(Prostitution), Penal Code, if the offense is punishable under
26	26	Subsection (c)(3) of that section;
27	27	(C) a violation of Section 20.04(a)(4)
28	28	(Aggravated kidnapping), Penal Code, if the actor committed the
29	29	offense or engaged in the conduct with intent to violate or abuse
30	30	the victim sexually;
31	31	(D) a violation of Section 30.02 (Burglary),
32	32	Penal Code, if the offense or conduct is punishable under
33	33	Subsection (d) of that section and the actor committed the offense
34	34	or engaged in the conduct with intent to commit a felony listed in
35	35	Paragraph (A) or (C);
36	36	(E) a violation of Section 20.02 (Unlawful
37	37	restraint), 20.03 (Kidnapping), or 20.04 (Aggravated kidnapping),
38	38	Penal Code, if, as applicable:
39	39	(i) the judgment in the case contains an
40	40	affirmative finding under Article 42.015; or
41	41	(ii) the order in the hearing or the papers
42	42	in the case contain an affirmative finding that the victim or
43	43	intended victim was younger than 17 years of age;
44	44	(F) the second violation of Section 21.08
45	45	(Indecent exposure), Penal Code, but not if the second violation
46	46	results in a deferred adjudication;
47	47	(G) an attempt, conspiracy, or solicitation, as
48	48	defined by Chapter 15, Penal Code, to commit an offense or engage in
49	49	conduct listed in Paragraph (A), (B), (C), (D), (E), or (K);
50	50	(H) a violation of the laws of another state,
51	51	federal law, the laws of a foreign country, or the Uniform Code of
52	52	Military Justice for or based on the violation of an offense
53	53	containing elements that are substantially similar to the elements
54	54	of an offense listed under Paragraph (A), (B), (B-1), (C), (D), (E),
55	55	(G), (J), or (K), but not if the violation results in a deferred
56	56	adjudication;
57	57	(I) the second violation of the laws of another
58	58	state, federal law, the laws of a foreign country, or the Uniform
59	59	Code of Military Justice for or based on the violation of an offense
60	60	containing elements that are substantially similar to the elements
61	61	of the offense of indecent exposure, but not if the second violation
62	62	results in a deferred adjudication;
63	63	(J) a violation of Section 33.021 (Online
64	64	solicitation of a minor), Penal Code; or
65	65	(K) a violation of Section 20A.02(a)(3), (4),
66	66	(7), or (8) (Trafficking of persons), Penal Code.
67	67	(5-a) "Reportable adjudication" has the meaning
68	68	assigned by Section 54A.01(2), Family Code.
69	69	(10) "Extrajurisdictional registrant" means a person
70	70	who:
71	71	(A) is required to register as a sex offender
72	72	under:
73	73	(i) the laws of another state with which the
74	74	department has entered into a reciprocal registration agreement;
75	75	(ii) federal law or the Uniform Code of
76	76	Military Justice; or
77	77	(iii) the laws of a foreign country; and
78	78	(B) is not otherwise required to register under
79	79	this chapter because:
80	80	(i) the person does not have a reportable
81	81	conviction for an offense under the laws of the other state, federal
82	82	law, the laws of the foreign country, or the Uniform Code of
83	83	Military Justice containing elements that are substantially
84	84	similar to the elements of an offense requiring registration under
85	85	this chapter[; or
86	86	(ii) the person does not have a reportable
87	87	adjudication of delinquent conduct based on a violation of an
88	88	offense under the laws of the other state, federal law, or the laws
89	89	of the foreign country containing elements that are substantially
90	90	similar to the elements of an offense requiring registration under
91	91	this chapter].
92	92	SECTION 2. Article 62.002, Chapter 62, Code of Criminal
93	93	Procedure, is amended to read as follows:
94	94	Art. 62.002. APPLICABILITY OF CHAPTER. (a) This chapter
95	95	applies only to a reportable conviction [or adjudication] occurring
96	96	on or after September 1, 1970 or an order to register under Chapter
97	97	54A, Family Code.
98	98	(b) Except as provided by Subsection (c), the duties imposed
99	99	on a person required to register under this chapter on the basis of
100	100	a reportable conviction or order to register under Chapter 54A,
101	101	Family Code [adjudication], and the corresponding duties and powers
102	102	of other entities in relation to the person required to register on
103	103	the basis of that conviction, or order to register under Chapter
104	104	54A, Family Code [adjudication], are not affected by:
105	105	(1) an appeal of the conviction or of the reportable
106	106	adjudication the subject of an order to register under Chapter 54A,
107	107	Family Code; or
108	108	(2) a pardon of the conviction or of the reportable
109	109	adjudication the subject of an order to register under Chapter 54A.
110	110	(c) If a conviction or reportable adjudication the subject
111	111	of an order to register under Chapter 54A, Family Code
112	112	[adjudication] that is the basis of a duty to register under this
113	113	chapter is set aside on appeal by a court or if the person required
114	114	to register under this chapter on the basis of a conviction or
115	115	reportable adjudication the subject of an order to register under
116	116	Chapter 54A, Family Code receives a pardon on the basis of
117	117	subsequent proof of innocence, the duties imposed on the person by
118	118	this chapter and the corresponding duties and powers of other
119	119	entities in relation to the person are terminated.
120	120	SECTION 3. Article 62.005, Chapter 62, Code of Criminal
121	121	Procedure is amended by amending Subsection (b) to read as follows:
122	122	(b) The information contained in the database, including
123	123	the numeric risk level assigned to a person under this chapter, is
124	124	public information, with the exception of any information:
125	125	(1) regarding the person's social security number or
126	126	driver's license number, or any home, work, or cellular telephone
127	127	number of the person;
128	128	(2) that is described by Article 62.051(c)(7) or
129	129	required by the department under Article 62.051(c)(8), including
130	130	any information regarding an employer's name, address, or telephone
131	131	number; [or]
132	132	(3) that would identify the victim of the offense for
133	133	which the person is subject to registration; or
134	134	(4) that pertains to a person whose duty to register
135	135	results from an order to register under Chapter 54A, Family Code.
136	136	SECTION 4. Article 62.007, Chapter 62, Code of Criminal
137	137	Procedure is amended by amending Subsection (g) to read as follows:
138	138	(g) The numeric risk level assigned to a person required to
139	139	register on the basis of a reportable conviction, using the sex
140	140	offender screening tool described by this article is not
141	141	confidential and is subject to disclosure under Chapter 552,
142	142	Government Code.
143	143	SECTION 5. Article 62.051, Chapter 62, Code of Criminal
144	144	Procedure is amended by amending Subsections (a) and (i) to read as
145	145	follows:
146	146	Art. 62.051. REGISTRATION: GENERAL. (a) A person who has a
147	147	reportable conviction or has been ordered to register under Chapter
148	148	54A, Family Code [adjudication] or who is required to register as a
149	149	condition of parole, release to mandatory supervision, or community
150	150	supervision shall register or, if the person is a person for whom
151	151	registration is completed under this chapter, verify registration
152	152	as provided by Subsection (f), with the local law enforcement
153	153	authority in any municipality where the person resides or intends
154	154	to reside for more than seven days. If the person does not reside or
155	155	intend to reside in a municipality, the person shall register or
156	156	verify registration in any county where the person resides or
157	157	intends to reside for more than seven days. The person shall
158	158	satisfy the requirements of this subsection not later than the
159	159	later of:
160	160	(1) the seventh day after the person's arrival in the
161	161	municipality or county; or
162	162	(2) the first date the local law enforcement authority
163	163	of the municipality or county by policy allows the person to
164	164	register or verify registration, as applicable.
165	165	(i) If the other state has a registration requirement for
166	166	sex offenders, a person who has a reportable conviction, or
167	167	reportable adjudication, who resides in this state, and who is
168	168	employed, carries on a vocation, or is a student in another state
169	169	shall, not later than the 10th day after the date on which the
170	170	person begins to work or attend school in the other state, register
171	171	with the law enforcement authority that is identified by the
172	172	department as the authority designated by that state to receive
173	173	registration information. If the person is employed, carries on a
174	174	vocation, or is a student at a public or private institution of
175	175	higher education in the other state and if an authority for campus
176	176	security exists at the institution, the person shall also register
177	177	with that authority not later than the 10th day after the date on
178	178	which the person begins to work or attend school.
179	179	SECTION 6. Article 62.052, Chapter 62, Code of Criminal
180	180	Procedure is amended by amending Subsection (a) to read as follows:
181	181	Art. 62.052. REGISTRATION: EXTRAJURISDICTIONAL
182	182	REGISTRANTS. (a) An extrajurisdictional registrant is required to
183	183	comply with the annual verification requirements of Article 62.058
184	184	in the same manner as a person who is required to verify
185	185	registration on the basis of a reportable conviction or an order to
186	186	register under Chapter 54A, Family Code [adjudication].
187	187	SECTION 7. Article 62.053, Chapter 62, Code of Criminal
188	188	Procedure, is amended by amending Subsections (a) and (d) to read as
189	189	follows:
190	190	Art. 62.053. PRERELEASE NOTIFICATION. (a) Before a person
191	191	who will be subject to registration under this chapter is due to be
192	192	released from a penal institution, the Texas Department of Criminal
193	193	Justice or the Texas Juvenile Justice Department shall determine
194	194	the person's level of risk to the community using the sex offender
195	195	screening tool developed or selected under Article 62.007 and
196	196	assign to the person a numeric risk level of one, two, or three.
197	197	Before releasing the person, an official of the penal institution
198	198	shall:
199	199	(1) inform the person that:
200	200	(A) not later than the later of the seventh day
201	201	after the date on which the person is released or after the date on
202	202	which the person moves from a previous residence to a new residence
203	203	in this state or not later than the first date the applicable local
204	204	law enforcement authority by policy allows the person to register
205	205	or verify registration, the person must register or verify
206	206	registration with the local law enforcement authority in the
207	207	municipality or county in which the person intends to reside;
208	208	(B) not later than the seventh day after the date
209	209	on which the person is released or the date on which the person
210	210	moves from a previous residence to a new residence in this state,
211	211	the person must, if the person has not moved to an intended
212	212	residence, report to the applicable entity or entities as required
213	213	by Article 62.051(h) or (j) or 62.055(e);
214	214	(C) not later than the seventh day before the
215	215	date on which the person moves to a new residence in this state or
216	216	another state, the person must report in person to the local law
217	217	enforcement authority designated as the person's primary
218	218	registration authority by the department and to the juvenile
219	219	probation officer, community supervision and corrections
220	220	department officer, or parole officer supervising the person;
221	221	(D) not later than the 10th day after the date on
222	222	which the person arrives in another state in which the person
223	223	intends to reside, the person must register with the law
224	224	enforcement agency that is identified by the department as the
225	225	agency designated by that state to receive registration
226	226	information, if the other state has a registration requirement for
227	227	sex offenders;
228	228	(E) not later than the 30th day after the date on
229	229	which the person is released, the person must apply to the
230	230	department in person for the issuance of an original or renewal
231	231	driver's license or personal identification certificate and a
232	232	failure to apply to the department as required by this paragraph
233	233	results in the automatic revocation of any driver's license or
234	234	personal identification certificate issued by the department to the
235	235	person;
236	236	(F) the person must notify appropriate entities
237	237	of any change in status as described by Article 62.057; and
238	238	(G) certain types of employment are prohibited
239	239	under Article 62.063 for a person with a reportable conviction [or
240	240	adjudication for a sexually violent offense] involving a victim
241	241	younger than 14 years of age occurring on or after September 1,
242	242	2013;
243	243	(2) require the person to sign a written statement
244	244	that the person was informed of the person's duties as described by
245	245	Subdivision (1) or Subsection (g) or, if the person refuses to sign
246	246	the statement, certify that the person was so informed;
247	247	(3) obtain the address or, if applicable, a detailed
248	248	description of each geographical location where the person expects
249	249	to reside on the person's release and other registration
250	250	information, including a photograph and complete set of
251	251	fingerprints; and
252	252	(4) complete the registration form for the person.
253	253	(d) If a person who has a reportable conviction described by
254	254	Article 62.001(5)(H) or (I) is placed under the supervision of the
255	255	parole division of the Texas Department of Criminal Justice or a
256	256	community supervision and corrections department under Section
257	257	510.017, Government Code, the division or community supervision and
258	258	corrections department shall conduct the prerelease notification
259	259	and registration requirements specified in this article on the date
260	260	the person is placed under the supervision of the division or
261	261	community supervision and corrections department. If a person who
262	262	is required to register under Chapter 54A, Family Code [has a
263	263	reportable adjudication of delinquent conduct described by Article
264	264	62.001(5)(H) or (I)] is[, as permitted by Section 60.002, Family
265	265	Code,] placed under the supervision of the Texas Juvenile Justice
266	266	Department [Youth Commission], a public or private vendor operating
267	267	under contract with the Texas Juvenile Justice Department [Youth
268	268	Commission], a local juvenile probation department, or a juvenile
269	269	secure pre-adjudication or post-adjudication facility, the
270	270	commission, vendor, probation department, or facility shall
271	271	conduct the prerelease notification and registration requirements
272	272	specified in this article on the date the person is placed under the
273	273	supervision of the commission, vendor, probation department, or
274	274	facility.
275	275	SECTION 8. Article 62.054, Chapter 62, Code of Criminal
276	276	Procedure, is amended to read as follows:
277	277	Art. 62.054. CIRCUMSTANCES REQUIRING NOTICE TO
278	278	SUPERINTENDENT OR SCHOOL ADMINISTRATOR. (a) A local law
279	279	enforcement authority shall provide notice to the superintendent
280	280	and each administrator under Article 62.053(e) or 62.055(f) only
281	281	if:
282	282	(1) the victim was at the time of the offense a child
283	283	younger than 17 years of age or a student enrolled in a public or
284	284	private secondary school;
285	285	(2) the person subject to registration is a student
286	286	enrolled in a public or private secondary school; or
287	287	(3) the basis on which the person is subject to
288	288	registration is a conviction, a deferred adjudication, or an order
289	289	to register under Chapter 54A, Family Code [adjudication of
290	290	delinquent conduct] for an offense under Section 43.25 or 43.26,
291	291	Penal Code, or an offense under the laws of another state, federal
292	292	law, or the Uniform Code of Military Justice that contains elements
293	293	substantially similar to the elements of an offense under either of
294	294	those sections.
295	295	(b) A local law enforcement authority may not provide notice
296	296	to the superintendent or any administrator under Article 62.053(e)
297	297	or 62.055(f) if the basis on which the person is subject to
298	298	registration is a conviction, a deferred adjudication, or an order
299	299	to register under Chapter 54A, Family Code [adjudication of
300	300	delinquent conduct] for an offense under Section 25.02, Penal Code,
301	301	or an offense under the laws of another state, federal law, or the
302	302	Uniform Code of Military Justice that contains elements
303	303	substantially similar to the elements of an offense under that
304	304	section.
305	305	SECTION 9. Article 62.056, Chapter 62, Code of Criminal
306	306	Procedure, is amended by amending Subsection (c) to read as
307	307	follows:
308	308	(c) The department shall establish procedures for a person
309	309	with respect to whom notice is provided under Subsection (a), other
310	310	than a person subject to registration on the basis of an order to
311	311	register under Chapter 54A, Family Code [adjudication of delinquent
312	312	conduct], to pay to the department all costs incurred by the
313	313	department in providing the notice. The person shall pay those
314	314	costs in accordance with the procedures established under this
315	315	subsection.
316	316	SECTION 10. Article 62.062, Chapter 62, Code of Criminal
317	317	Procedure, is amended to read as follows:
318	318	Art. 62.062. LIMITATION ON NEWSPAPER PUBLICATION. A [(a)
319	319	Except as provided by Subsection (b), a] local law enforcement
320	320	authority may not publish notice in a newspaper or other periodical
321	321	or circular concerning a person's registration under this chapter
322	322	if the only basis on which the person is subject to registration is
323	323	an order to register under Chapter 54A, Family Code [one or more
324	324	adjudications of delinquent conduct.
325	325	(b) This article does not apply to a publication of notice
326	326	under Article 62.056.
327	327	SECTION 11. Article 62.063, Chapter 62, Code of Criminal
328	328	Procedure, is amended by amending Subsections (b) to read as
329	329	follows:
330	330	Text of subsection effective on January 01, 2017
331	331	(b) A person subject to registration under this chapter
332	332	because of a reportable conviction [or adjudication] for which an
333	333	affirmative finding is entered under Article 42.015(b) or
334	334	42A.105(a), as appropriate, may not, for compensation:
335	335	(1) operate or offer to operate a bus;
336	336	(2) provide or offer to provide a passenger taxicab or
337	337	limousine transportation service;
338	338	(3) provide or offer to provide any type of service in
339	339	the residence of another person unless the provision of service
340	340	will be supervised; or
341	341	(4) operate or offer to operate any amusement ride.
342	342	SECTION 12. Article 62.101, Chapter 62, Code of Criminal
343	343	Procedure, is amended by amending Subsections (a), and (c) and
344	344	adding Subsection (d) to read as follows:
345	345	Art. 62.101. EXPIRATION OF DUTY TO REGISTER. (a) Except as
346	346	provided by Subsection (b) and Subchapter I, the duty to register
347	347	for a person ends when the person dies if the person has a
348	348	reportable conviction [or adjudication, other than an adjudication
349	349	of delinquent conduct,] for:
350	350	(1) a sexually violent offense;
351	351	(2) an offense under Section 20A.02(a)(3), (4), (7),
352	352	or (8), 25.02, 43.05(a)(2), or 43.26, Penal Code;
353	353	(3) an offense under Section 21.11(a)(2), Penal Code,
354	354	if before or after the person is convicted or adjudicated for the
355	355	offense under Section 21.11(a)(2), Penal Code, the person receives
356	356	or has received another reportable conviction [or adjudication,
357	357	other than an adjudication of delinquent conduct,] for an offense
358	358	or conduct that requires registration under this chapter;
359	359	(4) an offense under Section 20.02, 20.03, or 20.04,
360	360	Penal Code, if:
361	361	(A) the judgment in the case contains an
362	362	affirmative finding under Article 42.015 or, for a deferred
363	363	adjudication, the papers in the case contain an affirmative finding
364	364	that the victim or intended victim was younger than 17 years of age;
365	365	and
366	366	(B) before or after the person is convicted or
367	367	adjudicated for the offense under Section 20.02, 20.03, or 20.04,
368	368	Penal Code, the person receives or has received another reportable
369	369	conviction [or adjudication, other than an adjudication of
370	370	delinquent conduct,] for an offense or conduct that requires
371	371	registration under this chapter; or
372	372	(5) an offense under Section 43.23, Penal Code, that
373	373	is punishable under Subsection (h) of that section.
374	374	(c) Except as provided by Subchapter I, the duty to register
375	375	for a person with a reportable conviction [or adjudication] for an
376	376	offense other than an offense described by Subsection (a) ends[:
377	377	(1) if the person's duty to register is based on an
378	378	adjudication of delinquent conduct, on the 10th anniversary of the
379	379	date on which the disposition is made or the person completes the
380	380	terms of the disposition, whichever date is later; or
381	381	(2) if the person's duty to register is based on a
382	382	conviction or on an order of deferred adjudication,] on the 10th
383	383	anniversary of the date on which the court dismisses the criminal
384	384	proceedings against the person and discharges the person, the
385	385	person is released from a penal institution, or the person
386	386	discharges community supervision, whichever date is later.
387	387	(d) Except as provided by Chapter 54A, the duty to register
388	388	for a person ordered to register under Chapter 54A, Family Code,
389	389	ends on the 5th anniversary of the date on which the disposition
390	390	order is entered or the person completes the terms of the
391	391	disposition, whichever is later.
392	392	SECTION 13. Article 62.152, Chapter 62, Code of Criminal
393	393	Procedure, is amended by amending Subsections (a) and (e) to read as
394	394	follows:
395	395	Art. 62.152. REGISTRATION OF CERTAIN WORKERS OR STUDENTS.
396	396	(a) A person is subject to this subchapter and, except as otherwise
397	397	provided by this article, to the other subchapters of this chapter
398	398	if the person:
399	399	(1) has a reportable conviction or is ordered to
400	400	register under Chapter 54A, Family Code [adjudication];
401	401	(2) resides in another state; and
402	402	(3) is employed, carries on a vocation, or is a student
403	403	in this state.
404	404	(e) Notwithstanding Subsection (a), this article does not
405	405	apply to a person who has a reportable conviction [or
406	406	adjudication], who resides in another state, and who is employed,
407	407	carries on a vocation, or is a student in this state if the person
408	408	establishes another residence in this state to work or attend
409	409	school in this state. However, that person remains subject to the
410	410	other articles of this chapter based on that person's residence in
411	411	this state.
412	412	SECTION 14. Article 62.301, Chapter 62, Code of Criminal
413	413	Procedure, is amended by amending Subsection (b) to read as
414	414	follows:
415	415	Text of subsection effective on January 01, 2017
416	416	(b) A person is eligible to petition the court as described
417	417	by Subsection (a) if:
418	418	(1) the person is required to register only as a result
419	419	of a single reportable conviction [or adjudication, other than an
420	420	adjudication of delinquent conduct]; and
421	421	(2) the court has entered in the appropriate judgment
422	422	or has filed with the appropriate papers a statement of an
423	423	affirmative finding described by Article 42.017 or 42A.105(c).
424	424	SECTION 15. Article 62.402, Chapter 62, Code of Criminal
425	425	Procedure, is amended by amending Subsections (a), (b), and (c) to
426	426	read as follows:
427	427	Art. 62.401. DEFINITION. In this subchapter, "council"
428	428	means the Council on Sex Offender Treatment.
429	429	Art. 62.402. DETERMINATION OF MINIMUM REQUIRED
430	430	REGISTRATION PERIOD. (a) The department by rule shall determine
431	431	the minimum required registration period under federal law for each
432	432	reportable conviction under this chapter, or reportable
433	433	adjudication the basis for an order to register under Chapter 54A,
434	434	Family Code [under this chapter].
435	435	(b) After determining the minimum required registration
436	436	period for each reportable conviction or reportable adjudication
437	437	under Subsection (a), the department shall compile and publish a
438	438	list of reportable convictions, and shall compile a nonpublic list
439	439	of [or] reportable adjudications the subject of an order to
440	440	register under Chapter 54A for which a person must register under
441	441	this chapter for a period that exceeds the minimum required
442	442	registration period under federal law.
443	443	(c) To the extent possible, the department shall
444	444	periodically verify with the United States Department of Justice's
445	445	Office of Sex Offender Sentencing, Monitoring, Apprehending,
446	446	Registering, and Tracking or another appropriate federal agency or
447	447	office the accuracy of the list of reportable convictions or
448	448	reportable adjudications described by Subsection (b).
449	449	SECTION 16. Article 62.403, Chapter 62, Code of Criminal
450	450	Procedure, is amended by amending Subsections (a) and (b) to read as
451	451	follows:
452	452	Art. 62.403. INDIVIDUAL RISK ASSESSMENT. (a) The council
453	453	by rule shall establish, develop, or adopt an individual risk
454	454	assessment tool or a group of individual risk assessment tools
455	455	that:
456	456	(1) evaluates the criminal history of a person
457	457	required to register under this chapter; and
458	458	(2) seeks to predict:
459	459	(A) the likelihood that the person will engage in
460	460	criminal activity that may result in the person receiving a second
461	461	or subsequent reportable [adjudication or] conviction; and
462	462	(B) the continuing danger, if any, that the
463	463	person poses to the community.
464	464	(b) On the written request of a person with a single
465	465	reportable [adjudication or] conviction that appears on the list
466	466	published under Article 62.402(b), the council shall:
467	467	(1) evaluate the person using the individual risk
468	468	assessment tool or group of individual risk assessment tools
469	469	established, developed, or adopted under Subsection (a); and
470	470	(2) provide to the person a written report detailing
471	471	the outcome of an evaluation conducted under Subdivision (1).
472	472	SECTION 17. Article 62.404, Chapter 62, Code of Criminal
473	473	Procedure, is amended by amending Subsections (a) and (b) to read as
474	474	follows:
475	475	Art. 62.404. MOTION FOR EARLY TERMINATION. (a) A person
476	476	required to register under this chapter who has requested and
477	477	received an individual risk assessment under Article 62.403 may
478	478	file with the trial court that sentenced the person for the
479	479	reportable conviction [or adjudication] a motion for early
480	480	termination of the person's obligation to register under this
481	481	chapter.
482	482	(b) A motion filed under this article must be accompanied
483	483	by:
484	484	(1) a written explanation of how the reportable
485	485	conviction [or adjudication] giving rise to the movant's
486	486	registration under this chapter qualifies as a reportable
487	487	conviction [or adjudication] that appears on the list published
488	488	under Article 62.402(b); and
489	489	(2) a certified copy of a written report detailing the
490	490	outcome of an individual risk assessment evaluation conducted under
491	491	Article 62.403(b)(1).
492	492	SECTION 18. Article 62.405, Chapter 62, Code of Criminal
493	493	Procedure, is amended by amending Subsection (b) to read as
494	494	follows:
495	495	(b) The court may not grant a motion filed under Article
496	496	62.404 if:
497	497	(1) the motion is not accompanied by the documents
498	498	required under Article 62.404(b); or
499	499	(2) the court determines that the reportable
500	500	conviction [or adjudication] for which the movant is required to
501	501	register under this chapter is not a reportable conviction [or
502	502	adjudication] for which the movant is required to register for a
503	503	period that exceeds the minimum required registration period under
504	504	federal law.
505	505	SECTION 19. Article 62.408, Chapter 62, Code of Criminal
506	506	Procedure, is amended to read as follows:
507	507	Art. 62.408. NONAPPLICABILITY. This subchapter does not
508	508	apply to a person without a reportable conviction [or adjudication]
509	509	who is required to register as a condition of parole, release to
510	510	mandatory supervision, or community supervision.
511	511	SECTION 20. Section 37.302, Education Code, is amended by
512	512	amending Subdivision (2) to read as follows:
513	513	Sec. 37.302. Applicability.
514	514	This subchapter:
515	515	(1) applies to a student who is required to register as a sex
516	516	offender under Chapter 54A, Family Code or Chapter 62, Code of
517	517	Criminal Procedure; and
518	518	(2) does not apply to a student who is no longer required to
519	519	register as a sex offender under Chapter 54A, Family Code or Chapter
520	520	62, Code of Criminal Procedure[, including a student who receives
521	521	an exemption from registration under Subchapter H, Chapter 62, Code
522	522	of Criminal Procedure, or a student who receives an early
523	523	termination of the obligation to register under Subchapter I,
524	524	Chapter 62, Code of Criminal Procedure].
525	525	SECTION 21. Section 37.303, Education Code, is amended to
526	526	read as follows:
527	527	Sec. 37.303. REMOVAL OF REGISTERED SEX OFFENDER FROM
528	528	REGULAR CLASSROOM.
529	529	Notwithstanding any provision of Subchapter A, on receiving
530	530	notice under Article 15.27, Code of Criminal Procedure, or Chapter
531	531	62, Code of Criminal Procedure, that a student is required to
532	532	register as a sex offender under that chapter, a school district may
533	533	[shall] remove the student from the regular classroom and determine
534	534	the appropriate placement of the student in the manner provided by
535	535	this subchapter.
536	536	SECTION 22. Section 37.305, Education Code, is redesignated
537	537	as Section 37.304, Education Code and amended to read as follows:
538	538	Sec. 37.304 [37.305]. PLACEMENT OF REGISTERED SEX OFFENDER
539	539	[WHO IS NOT UNDER COURT SUPERVISION].
540	540	A school district may place a student to whom this subchapter
541	541	applies [and who is not under any form of court supervision] in the
542	542	appropriate alternative education program as provided by Section
543	543	37.309 for one semester or in the regular classroom. The district
544	544	may not place the student in the regular classroom if the district
545	545	board of trustees determines that the student's presence in the
546	546	regular classroom: (1) threatens the safety of other students or
547	547	teachers;
548	548	(2) will be detrimental to the educational process; or
549	549	(3) is not in the best interests of the district's students.
550	550	SECTION 23. Section 37.306, Education Code, is redesignated
551	551	as Section 37.305, Education Code and amended by amending
552	552	Subsection (a) to read as follows:
553	553	Sec. 37.305 [37.306]. REVIEW OF PLACEMENT IN ALTERNATIVE
554	554	EDUCATION PROGRAM.
555	555	(a) At the end of the first semester of a student's
556	556	placement in an alternative education program under Section 37.304
557	557	[or 37.305], the school district board of trustees shall convene a
558	558	committee to review the student's placement in the alternative
559	559	education program. The committee must be composed of: (1) a
560	560	classroom teacher from the campus to which the student would be
561	561	assigned were the student not placed in an alternative education
562	562	program;
563	563	(2) the student's parole or probation officer or, in the
564	564	case of a student who does not have a parole or probation officer, a
565	565	representative of the local juvenile probation department;
566	566	(3) an instructor from the alternative education program to
567	567	which the student is assigned;
568	568	(4) a school district designee selected by the board of
569	569	trustees; and
570	570	(5) a school counselor employed by the school district.
571	571	SECTION 24. Section 37.307, Education Code, is redesignated
572	572	as Section 37.306, Education Code and amended by amending
573	573	Subsection (b) to read as follows:
574	574	Sec. 37.306 [37.307]. PLACEMENT AND REVIEW OF STUDENT WITH
575	575	DISABILITY.
576	576	(b) The review under Section 37.305 [37.306] of the
577	577	placement of a student with a disability who receives special
578	578	education services may be made only by a duly constituted
579	579	admission, review, and dismissal committee. The admission, review,
580	580	and dismissal committee may request that the board of trustees
581	581	convene a committee described by Section 37.305(a) [37.306(a)] to
582	582	assist the admission, review, and dismissal committee in conducting
583	583	the review.
584	584	SECTION 25. Section 37.308, Education Code, is redesignated
585	585	as Section 37.307, Education Code and amended to read as follows:
586	586	Sec. 37.307 [37.308]. TRANSFER OF REGISTERED SEX OFFENDER.
587	587	Except as provided by Section 37.304(b), a school district
588	588	shall determine whether to place a student to whom this subchapter
589	589	applies and who transfers to the district in the appropriate
590	590	alternative education program as provided by Section 37.308
591	591	[37.309] or in a regular classroom. The school district shall
592	592	follow the procedures specified under Section 37.305 [37.306] in
593	593	making the determination.
594	594	SECTION 26. Section 37.309, Education Code, is redesignated
595	595	as Section 37.308, Education Code.
596	596	SECTION 27. Section 51.073(d-1), Family Code, is amended to
597	597	read as follows:
598	598	(d-1) On the final transfer of a case involving a child who
599	599	has been adjudicated as having committed an offense for which
600	600	registration is [required] ordered under Chapter [62, Code of
601	601	Criminal Procedure] 54A, the receiving county shall have
602	602	jurisdiction to conduct a hearing under that chapter. This
603	603	subsection does not prohibit the receiving county juvenile court
604	604	from considering the written recommendations of the sending county
605	605	juvenile court.
606	606	SECTION 28. Section 54.03, Family Code, is amended by
607	607	adding Subsection (k) to read as follows:
608	608	(k) If the court or jury found at the conclusion of the
609	609	adjudication hearing that the child engaged in delinquent conduct
610	610	that constitutes a reportable adjudication under Section
611	611	54A.01(2), the child is not required to register as a sex offender
612	612	unless there is a court order requiring registration under Chapter
613	613	54A.
614	614	SECTION 29. Section 54.0405, Family Code, is amended by
615	615	amending Subsections (a), (b), (c), (g), and (i) and adding
616	616	Subsections (j) to read as follows:
617	617	Sec. 54.0405. CHILD PLACED ON PROBATION FOR CONDUCT
618	618	CONSTITUTING SEXUAL OFFENSE. (a) If a court or jury makes a
619	619	disposition under Section 54.04 in which a child described by
620	620	Subsection (b) is placed on probation the court:
621	621	(1) may require as a condition of probation that the
622	622	child:
623	623	(A) attend and successfully complete sex
624	624	offender treatment[, psychological counseling sessions for sex
625	625	offenders] as provided by Subsection (e); and
626	626	(B) submit to a polygraph examination as provided
627	627	by Subsection (f) for purposes of evaluating the child's treatment
628	628	progress; and
629	629	(2) shall require as a condition of probation that the
630	630	child[:
631	631	(A) register under Chapter 62, Code of Criminal
632	632	Procedure; and
633	633	[(B)] submit a blood sample or other specimen to
634	634	the Department of Public Safety under Subchapter G, Chapter 411,
635	635	Government Code, for the purpose of creating a DNA record of the
636	636	child, unless the child has already submitted the required specimen
637	637	under other state law.
638	638	(b) This section applies to a child placed on probation for
639	639	conduct constituting an offense for which the child is ordered
640	640	[required] to register as a sex offender under [this] Chapter 54A
641	641	[62, Code of Criminal Procedure].
642	642	(c) Sex offender treatment [Psychological counseling]
643	643	required as a condition of probation under Subsection (a) must be
644	644	with an individual or organization that:
645	645	(1) provides sex offender treatment [or counseling];
646	646	(2) is a sex offender treatment provider, as defined
647	647	by Section 110.001(7), Occupations Code, specified by the local
648	648	juvenile probation department supervising the child; and
649	649	(3) meets minimum standards of sex offender treatment
650	650	[counseling] established by the local juvenile probation
651	651	department in accordance with guidelines established by the council
652	652	on sex offender treatment providers and licensing or registry
653	653	standards.
654	654	(g) A court that requires [as a condition of probation] that
655	655	a child attend sex offender treatment [psychological counseling]
656	656	under Subsection (a) may order the parent or guardian of the child
657	657	to:
658	658	(1) attend four sessions of instruction with an
659	659	individual or organization specified by the court relating to:
660	660	(A) sexual offenses;
661	661	(B) family communication skills;
662	662	(C) sex offender treatment;
663	663	(D) victims' rights;
664	664	(E) parental supervision; and
665	665	(F) appropriate sexual behavior; and
666	666	(2) during the period the child attends sex offender
667	667	treatment [psychological counseling], participate in monthly
668	668	treatment groups conducted by the child's treatment provider
669	669	relating to the child's sex offender treatment [psychological
670	670	counseling].
671	671	(i) A court that requires as a condition of probation that a
672	672	child attend sex offender treatment [psychological counseling
673	673	under Subsection (a) may, before the date the probation period
674	674	ends, extend the probation for any additional period necessary to
675	675	complete the required treatment [counseling] as determined by the
676	676	treatment provider, except that the probation may not be extended
677	677	to a date after the date of the child's 18th birthday, or 19th
678	678	birthday if the child is placed on determinate sentence probation
679	679	under Section 54.04(q).
680	680	(j) A court that requires that a child attend sex offender
681	681	treatment under Subsection (a) shall require the individual or
682	682	organization specified by the court to promptly provide upon
683	683	request by the prosecuting attorney, the child's attorney or the
684	684	juvenile probation department a copy of a report that:
685	685	(1) describes the treatment of the child provided by
686	686	the individual or organization; and
687	687	(2) states the opinion of the treatment provider
688	688	whether the child would benefit from further treatment, or should
689	689	be successfully or unsuccessfully discharged from further
690	690	treatment.
691	691	SECTION 30. Section 54.0501, Family Code, is amended by
692	692	amending Subsections (g) and (h) to read as follows:
693	693	(g) If the juvenile court places the child on probation for
694	694	an offense for which registration as a sex offender may be ordered
695	695	under Chapter 54A [is required by Chapter 62, Code of Criminal
696	696	Procedure, and defers the registration requirement until
697	697	completion of treatment for the sex offense under Subchapter H,
698	698	Chapter 62, Code of Criminal Procedure], the authority to enter
699	699	orders under Chapter 54A [under that article to reexamine the need
700	700	for registration on completion of treatment] is transferred to the
701	701	court to which probation is transferred.
702	702	(h) If the juvenile court places the child on probation for
703	703	an offense for which registration as a sex offender may be ordered
704	704	under Chapter 54A [is required by Chapter 62, Code of Criminal
705	705	Procedure], and the child registers, the authority of the court to
706	706	order early termination of registration [excuse further compliance
707	707	with the registration requirement] under Section 54A [Subchapter H,
708	708	Chapter 62, Code of Criminal Procedure], is transferred to the
709	709	court to which probation is transferred.
710	710	SECTION 31. Title 3, Family Code, is amended by adding
711	711	Chapter 54A to read as follows:
712	712	CHAPTER 54A. JUVENILE SEX OFFENDER REGISTRATION
713	713	SUBCHAPTER A. GENERAL PROVISIONS
714	714	Sec. 54A.01. DEFINITIONS. In this chapter:
715	715	(1) "Public or private institution of higher
716	716	education" includes a college, university, community college, or
717	717	technical or trade institute.
718	718	(2) "Reportable adjudication" means an adjudication
719	719	of delinquent conduct that, regardless of the pendency of an
720	720	appeal, is an adjudication based on:
721	721	(A) a violation of Section 21.02 (Continuous
722	722	sexual abuse of young child or children), 21.11 (Indecency with a
723	723	child), 22.011 (Sexual assault), 22.021 (Aggravated sexual
724	724	assault), or 25.02 (Prohibited sexual conduct), Penal Code;
725	725	(B) a violation of Section 43.05 (Compelling
726	726	prostitution), 43.25 (Sexual performance by a child), or 43.26
727	727	(Possession or promotion of child pornography), Penal Code;
728	728	(C) a violation of Section 20.04(a)(4)
729	729	(Aggravated kidnapping), Penal Code, if the actor committed the
730	730	offense or engaged in the conduct with intent to violate or abuse
731	731	the victim sexually;
732	732	(D) a violation of Section 30.02 (Burglary),
733	733	Penal Code, if the offense or conduct is punishable under
734	734	Subsection (d) of that section and the actor committed the offense
735	735	or engaged in the conduct with intent to commit a felony listed in
736	736	Paragraph (A) or (C);
737	737	(E) the second violation of Section 21.08
738	738	(Indecent exposure), Penal Code;
739	739	(F) an attempt, conspiracy, or solicitation, as
740	740	defined by Chapter 15, Penal Code, to commit an offense or engage in
741	741	conduct listed in Paragraph (A), (B), (C), (D), or (J);
742	742	(G) a violation of the laws of another state,
743	743	federal law, the laws of a foreign country for or based on the
744	744	violation of an offense containing elements that are substantially
745	745	similar to the elements of an offense listed under Paragraph (A),
746	746	(B), (C), (D), (F), (I), or (J);
747	747	(H) the second violation of the laws of another
748	748	state, federal law, the laws of a foreign country for or based on
749	749	the violation of an offense containing elements that are
750	750	substantially similar to the elements of the offense of indecent
751	751	exposure;
752	752	(I) a violation of Section 33.021 (Online
753	753	solicitation of a minor), Penal Code; or
754	754	(J) a violation of Section 20A.02(a)(3), (4),
755	755	(7), or (8) (Trafficking of persons), Penal Code.
756	756	SUBCHAPTER B. JUVENILE SEX OFFENDER REGISTRATION
757	757	Sec. 54A.02. MOTION AND HEARING ON SEX OFFENDER
758	758	REGISTRATION. (a) After a disposition hearing for a reportable
759	759	offense described in 54A.01(2), the prosecuting attorney may file a
760	760	written motion requesting a hearing to require the child to
761	761	register as a sex offender:
762	762	(1) upon receipt of a report described in Section
763	763	54.0405(j) or 245.053(j), Human Resources Code from a licensed sex
764	764	offender treatment provider, as that term is defined in Section
765	765	110.001(7), Occupations Code, that the child has been
766	766	unsuccessfully discharged from sex offender treatment; or
767	767	(2) if the child has been adjudicated to have engaged
768	768	in delinquent conduct for an offense listed in Section 54A.01(2),
769	769	subsequent to a prior adjudication for an offense listed in Section
770	770	54A.01(2) for which the child has had an opportunity to complete
771	771	court-ordered sex offender treatment.
772	772	(b) A hearing under this Chapter is without a jury, and the
773	773	burden of persuasion is on the prosecuting attorney to show by a
774	774	preponderance of evidence that:
775	775	(1) the protection of the public would be increased by
776	776	registration under this section; and
777	777	(2) any increase in protection of the public resulting
778	778	from registration of the child clearly outweighs the anticipated
779	779	substantial harm to the child and the child's family that would
780	780	result from registration under this Chapter.
781	781	(c) Reasonable notice of a hearing to require sex offender
782	782	registration shall be given to all parties.
783	783	(d) The court at the hearing shall:
784	784	(1) consider all relevant evidence, including but not
785	785	limited to:
786	786	(i) the commission by the child of any other
787	787	sexual offense listed in Section 54A.01(2);
788	788	(ii) the conduct of the child in the
789	789	commission of the offense or offenses which are the subject of the
790	790	adjudication;
791	791	(iii) any physical, mental or emotional
792	792	harm to the victim as a result of the child's conduct;
793	793	(iv) the age of the child at the time of the
794	794	commission of the offense or offenses; and
795	795	(2) make its determination based on:
796	796	(i) the receipt of exhibits;
797	797	(ii) the testimony of witnesses;
798	798	(iii) representations of counsel for the
799	799	parties; or
800	800	(iv) the contents of a social history
801	801	report prepared by the juvenile probation department that may
802	802	include the results of testing and examination of the child by a
803	803	psychologist, psychiatrist, or counselor.
804	804	(e) All written matter considered by the court shall be
805	805	disclosed to all parties as provided by Section 54.04(b).
806	806	Sec. 54A.03. ORDER GENERALLY. (a) After a hearing under
807	807	Section 54A.02, if the court determines that the protection of the
808	808	public would be increased by registration under this Chapter and
809	809	any increase in protection of the public resulting from
810	810	registration of the child clearly outweighs the anticipated
811	811	substantial harm to the child and the child's family that would
812	812	result from registration under this section, the court shall enter
813	813	an order requiring a child to register as a sex offender in
814	814	accordance with the registration procedures set out in Chapter 62,
815	815	Code of Criminal Procedure, but providing that the registration
816	816	information is not public information and is restricted to use by
817	817	law enforcement and criminal justice agencies, the Council on Sex
818	818	Offender Treatment, the Department of Family and Protective
819	819	Services, and public or private institutions of higher education
820	820	and may not be posted on the internet or released to the public in
821	821	any manner.
822	822	(b) After a hearing under this Chapter, if the court finds
823	823	the prosecuting attorney has not met its burden regarding
824	824	registration, the court shall enter an order so stating and the
825	825	child shall not be required to register.
826	826	SUBCHAPTER C. REGISTRATION FOR CERTAIN PERSONS
827	827	Sec. 54A.04. PERSONS ALREADY REGISTERED. A person who has
828	828	registered under Chapter 62, Code of Criminal Procedure as a sex
829	829	offender for an adjudication of delinquent conduct prior to
830	830	September 1, 2017 and whose registration is on a public registry,
831	831	shall be automatically removed from the public registry and that
832	832	person's registration shall become nonpublic.
833	833	Sec. 54A.05. MOTION, HEARING, AND ORDER CONCERNING PERSON
834	834	WITH AN OUT-OF-STATE ADJUDICATION. The prosecuting attorney may
835	835	file a motion requesting sex offender registration of a person with
836	836	an out-of-state adjudication for an offense listed in Section
837	837	54A.01(2). The motion may be filed in the juvenile court of the
838	838	person's county of residence. On receipt of a motion under this
839	839	subsection, the juvenile court shall conduct a hearing and make
840	840	rulings as in other cases under 54A.02.
841	841	SUBCHAPTER D. APPEAL OF CERTAIN ORDERS
842	842	Sec. 54A.06. APPEAL OF CERTAIN ORDERS. (a)
843	843	Notwithstanding Section 56.01, Family Code, on entry by a juvenile
844	844	court of an order under Section 54A.03(b) or Section 54A.05(a)
845	845	denying the state's motion to require registration, the prosecuting
846	846	attorney may appeal that order by giving notice of appeal within the
847	847	time required under Rule 26.2(b), Texas Rules of Appellate
848	848	Procedure. The appeal is civil and the standard of review in the
849	849	appellate court is whether the juvenile court committed procedural
850	850	error or abused its discretion in exempting the person from
851	851	registration under this chapter. The appeal is limited to review of
852	852	the order denying the person from registration under this chapter
853	853	and may not include any other issues in the case.
854	854	(b) A child may under Section 56.01, Family Code, appeal a
855	855	juvenile court's order under Section 54A.03(a) requiring
856	856	registration in the same manner as the appeal of any other legal
857	857	issue in the case. The standard of review in the appellate court is
858	858	whether the juvenile court committed procedural error or abused its
859	859	discretion in ordering registration.
860	860	SUBCHAPTER E. EARLY TERMINATION OF OBLIGATION TO REGISTER
861	861	Sec. 54A.07. DEFINITION. In this subchapter, "council"
862	862	means the Council on Sex Offender Treatment.
863	863	Sec. 54A.08. INDIVIDUAL RISK ASSESSMENT. (a) The council
864	864	by rule shall establish, develop, or adopt an individual risk
865	865	assessment tool or a group of individual risk assessment tools
866	866	that:
867	867	(1) evaluates the criminal history of a person
868	868	required to register under this chapter; and
869	869	(2) seeks to predict:
870	870	(A) the likelihood that the person will engage in
871	871	criminal activity that may result in the person receiving a second
872	872	or subsequent reportable adjudication; and
873	873	(B) the continuing danger, if any, that the
874	874	person poses to the community.
875	875	(b) On the written request of a person with a single
876	876	reportable adjudication that appears on the nonpublic list compiled
877	877	by the Department of Public Safety under Article 62.402(b), the
878	878	council shall:
879	879	(1) evaluate the person using the individual risk
880	880	assessment tool or group of individual risk assessment tools
881	881	established, developed, or adopted under Subsection (a); and
882	882	(2) provide to the person a written report detailing
883	883	the outcome of an evaluation conducted under Subdivision (1).
884	884	Sec. 54A.09. MOTION FOR EARLY TERMINATION OF OBLIGATION TO
885	885	REGISTER. A person ordered to register under this Chapter for a
886	886	reportable adjudication, who has requested and received an
887	887	individual risk assessment under Section 54A.08, may file a motion
888	888	for early termination of the person's obligation to register under
889	889	this Chapter with the juvenile court that adjudicated the person.
890	890	(a) A motion filed under this section must be accompanied
891	891	by:
892	892	(1) A written explanation of how the reportable
893	893	adjudication giving rise to the person's registration under this
894	894	Chapter qualifies as a reportable adjudication; and
895	895	(2) A certified copy of a written report detailing the
896	896	outcome of an individual risk assessment evaluation conducted in
897	897	accordance with Section 54A.08.
898	898	Sec. 54A.10. HEARING ON PETITION. (a) After reviewing a
899	899	motion filed with the juvenile court under Section 54A.09, the
900	900	court may:
901	901	(1) deny without a hearing the person's request for
902	902	early termination; or
903	903	(2) hold a hearing on the motion to determine whether
904	904	to grant or deny the motion.
905	905	(b) The court may not grant a motion filed under Section
906	906	54A.09 if:
907	907	(1) the motion is not accompanied by the documents
908	908	required under Section 54A.09; or
909	909	(2) the court determines that the reportable
910	910	adjudication for which the person is ordered or required to
911	911	register under this Chapter is not a reportable adjudication for
912	912	which the person is required to register for a period that exceeds
913	913	the minimum required registration period under federal law.
914	914	Sec. 54A.11. COSTS OF INDIVIDUAL RISK ASSESSMENT AND OF
915	915	COURT. A person required to register under this Chapter who files a
916	916	motion for early termination of the person's registration
917	917	obligation under this Chapter is responsible for and shall remit to
918	918	the Council on Sex Offender Treatment and to the court, as
919	919	applicable, all costs associated with and incurred by the council
920	920	in providing the individual risk assessment or by the court in
921	921	holding a hearing under Section 54A.10.
922	922	Sec. 54A.12. EFFECT OF ORDER GRANTING EARLY TERMINATION.
923	923	(a) If, after notice to the person and to the prosecuting attorney
924	924	and a hearing, the court grants a motion filed under Section 54A.09
925	925	for early termination of a person's obligation to register under
926	926	this Chapter, the person's obligation to register under this
927	927	Chapter ends on the later of:
928	928	(1) the date the court enters the order of early
929	929	termination; or
930	930	(2) the date the person has paid each cost described by
931	931	Section 54A.11.
932	932	(b) If the court grants a motion filed under Section 54A.09
933	933	for early termination of a person's obligation to register under
934	934	this Chapter, all conditions of the person's parole, release to
935	935	mandatory supervision, or community supervision shall be modified
936	936	in accordance with the court's order.
937	937	SUBCHAPTER F. CONFLICT OF LAW
938	938	Sec. 54A.11 CONFLICT OF LAW. In the event of a conflict
939	939	between this Chapter and a provision of Chapter 62, Government
940	940	Code, the provisions of this Chapter shall prevail.
941	941	SECTION 32. Section 58.003(n), Family Code is amended to
942	942	read as follows:
943	943	(n) A record created or maintained under Chapter 62, Code of
944	944	Criminal Procedure as a result of registration based on an order
945	945	issued under Chapter 54A, may not be sealed under this section if
946	946	the person who is the subject of the record has a continuing
947	947	obligation to register under Chapter 62, Code of Criminal Procedure
948	948	[that chapter].
949	949	SECTION 33. Section 411.1473, Government Code is amended by
950	950	amending Subsection (a) to read as follows:
951	951	Sec. 411.1473. DNA RECORDS OF CERTAIN REGISTERED SEX
952	952	OFFENDERS. (a) This section applies only to a person who is
953	953	required to register under Chapter 62, Code of Criminal Procedure
954	954	as a result of a reportable conviction under that Chapter or a
955	955	person who is ordered to register under Chapter 54A, Family Code.
956	956	SECTION 34. Section 245.053, Human Resources Code, is
957	957	amended by amending Subsections (a), (b), (c), (g), and (i) and
958	958	adding Subsection (j) to read as follows:
959	959	Sec. 245.053. SEX OFFENDER COUNSELING AND TREATMENT. (a)
960	960	Before releasing a child described by Subsection (b) under
961	961	supervision, the department:
962	962	(1) may require as a condition of release that the
963	963	child:
964	964	(A) attend and successfully complete sex
965	965	offender treatment, [psychological counseling sessions for sex
966	966	offenders] as provided by Subsection (e); and
967	967	(B) submit to a polygraph examination as provided
968	968	by Subsection (f) for purposes of evaluating the child's treatment
969	969	progress; and
970	970	(2) shall require as a condition of release that the
971	971	child[:
972	972	(A) register under Chapter 62, Code of Criminal
973	973	Procedure; and
974	974	(B)] submit a blood sample or other specimen to
975	975	the Department of Public Safety under Subchapter G, Chapter 411,
976	976	Government Code, for the purpose of creating a DNA record of the
977	977	child, unless the child has already submitted the required specimen
978	978	under other state law.
979	979	(b) This section applies to a child adjudicated for engaging
980	980	in delinquent conduct constituting an offense for which the child
981	981	is ordered [required] to register as a sex offender under Chapter
982	982	54A, Family Code [62, Code of Criminal Procedure].
983	983	(c) Sex offender treatment [Psychological counseling]
984	984	required as a condition of release under Subsection (a) must be with
985	985	an individual or organization that:
986	986	(1) provides sex offender treatment or counseling;
987	987	(2) is a sex offender treatment provider, as defined
988	988	by Section 110.001(7), Occupations Code, specified by the
989	989	department; and
990	990	(3) meets minimum standards of counseling established
991	991	by the department in accordance with the guidelines established by
992	992	the council on sex offender treatment providers and licensing or
993	993	registry standards.
994	994	(g) If the department requires as a condition of release
995	995	that a child attend sex offender treatment [psychological
996	996	counseling] under Subsection (a), the department shall notify the
997	997	court that committed the child to the department. After receiving
998	998	notification from the department under this subsection, the court
999	999	may order the parent or guardian of the child to:
1000	1000	(1) attend four sessions of instruction with an
1001	1001	individual or organization specified by the department relating to:
1002	1002	(A) sexual offenses;
1003	1003	(B) family communication skills;
1004	1004	(C) sex offender treatment;
1005	1005	(D) victims' rights;
1006	1006	(E) parental supervision; and
1007	1007	(F) appropriate sexual behavior; and
1008	1008	(2) during the time the child attends sex offender
1009	1009	treatment, [psychological counseling], participate in monthly
1010	1010	treatment groups conducted by the child's treatment provider
1011	1011	relating to the child's sex offender treatment [psychological
1012	1012	counseling].
1013	1013	(i) If the department requires as a condition of release
1014	1014	that a child attend sex offender treatment [psychological
1015	1015	counseling] under Subsection (a), the department may, before the
1016	1016	date the period of release ends, petition the appropriate court to
1017	1017	request the court to extend the period of release for an additional
1018	1018	period necessary to complete the required sex offender treatment
1019	1019	[counseling] as determined by the treatment provider, except that
1020	1020	the release period may not be extended to a date after the date of
1021	1021	the child's 18th birthday.
1022	1022	(j) If the department requires as a condition of release
1023	1023	that a child attend sex offender treatment under subsection (a),
1024	1024	the department shall require the individual or organization
1025	1025	specified by the department to promptly provide upon request of the
1026	1026	department, the prosecuting attorney, or the child's attorney, a
1027	1027	copy of a report that:
1028	1028	(1) describes the treatment of the child provided by
1029	1029	the individual or organization; and
1030	1030	(2) states the opinion of the treatment provider
1031	1031	whether the child would benefit from further treatment, or should
1032	1032	be successfully discharged from further treatment.
1033	1033	SECTION 35. Section 110.001, Occupations Code, is amended
1034	1034	by adding Subdivision (7-a) to read as follows:
1035	1035	(7-a) "Sexual behavior educator/paraprofessional"
1036	1036	means a person, licensed by the council and recognized based on
1037	1037	training and experience to provide psychoeducational and
1038	1038	skills-based interventions to juveniles with sexual behavior
1039	1039	problems who have been adjudicated or referred to a state agency or
1040	1040	a court.
1041	1041	SECTION 36. Section 110.151, Occupations Code, is amended
1042	1042	by amending Subdivision (3) and adding Subdivision (2-a) to read as
1043	1043	follows:
1044	1044	Sec. 110.151. TREATMENT FOR SEX OFFENDERS. The council
1045	1045	shall:
1046	1046	(1) develop treatment strategies for sex offenders by
1047	1047	evaluating in-state and out-of-state programs for sex offender
1048	1048	treatment;
1049	1049	(2) set standards for treatment of sex offenders that
1050	1050	must be met by sex offender treatment providers to be eligible for a
1051	1051	license under this chapter;
1052	1052	(2-a) set standards for residential programs offering
1053	1053	treatment to juveniles with sexual behavior problems; and
1054	1054	(3) recommend to licensing and regulatory boards and
1055	1055	to the directors of current programs methods of improving
1056	1056	residential programs to meet council standards.
1057	1057	SECTION 37. Section 110.152, Occupations Code, is amended
1058	1058	by amending Subsection (2)(A) and adding Subdivision (A-1) to read
1059	1059	as follows:
1060	1060	Sec. 110.152. LIST AND LICENSE REQUIREMENTS. The council
1061	1061	shall:
1062	1062	(1) maintain a list of sex offender treatment
1063	1063	providers under Section 110.161; and
1064	1064	(2) develop and implement by rule under Subchapter G:
1065	1065	(A) topic-specific training requirements for
1066	1066	providers working with juveniles [license requirements]; [and]
1067	1067	(A-1) license requirements; and
1068	1068	(B) procedures for sex offender treatment
1069	1069	providers.
1070	1070	SECTION 38. Section 110.157, Occupations Code, is amended
1071	1071	to read as follows:
1072	1072	Sec. 110.157. CONTINUING EDUCATION PROGRAMS. The council
1073	1073	shall design and conduct continuing education programs for sex
1074	1074	offender treatment providers. Continuing education programs shall
1075	1075	not serve as a substitute for the training curriculum required for
1076	1076	initial licensure. Continuing education programs shall offer
1077	1077	topics specific for specialized populations, including juveniles,
1078	1078	females, and individuals with developmental or intellectual
1079	1079	disabilities.
1080	1080	SECTION 39. Section 110.164, Occupations Code, is amended
1081	1081	by adding Subsection (c) to read as follows:
1082	1082	(c) The council shall develop or adopt a dynamic risk
1083	1083	assessment tool for use as part of an assessment battery to be
1084	1084	administered in determining that a juvenile adjudicated for a
1085	1085	sexual offense and ordered to register under Chapter 54A, Family
1086	1086	Code, will be subject to registration requirements.
1087	1087	SUBCHAPTER E. INTERAGENCY ADVISORY COMMITTEE
1088	1088	SECTION 40. Section 110.302, Occupations Code, is amended
1089	1089	by amending Subsection (c) to read as follows:
1090	1090	(c) The Texas Board of Criminal Justice may vote to exempt
1091	1091	employees of the Texas Department of Criminal Justice from a
1092	1092	specific licensing requirement imposed under this section if the
1093	1093	board determines that the requirement causes financial or
1094	1094	operational hardship on the agency. The Texas Juvenile Justice
1095	1095	Department [Youth Commission] may not exempt any employee of the
1096	1096	commission from a licensing requirement imposed by this section for
1097	1097	any reason.
1098	1098	(c) The governing board of the Texas Juvenile Justice
1099	1099	Department [Youth Commission] may vote to exempt employees of the
1100	1100	Texas Youth Commission from a specific licensing requirement
1101	1101	imposed under this section if the board determines that the
1102	1102	requirement causes financial or operational hardship on the agency.
1103	1103	The Texas Board of Criminal Justice may not exempt any employee of
1104	1104	the Texas Department of Criminal Justice from a licensing
1105	1105	requirement imposed by this section for any reason.
1106	1106	SECTION 41. Subchapter H, Chapter 62, Code of Criminal
1107	1107	Procedure, is repealed.
1108	1108	SECTION 42. Section 37.304, Education Code, as added by
1109	1109	Acts 2007, 80th Leg., R.S., Ch. 1240 (H.B. 2532), Sec. 3, eff. June
1110	1110	15, 2007, and as added by Acts 2007, 80th Leg., R.S., Ch. 1291 (S.B.
1111	1111	6), Sec. 3, eff. September 1, 2007, is repealed.
1112	1112	SECTION 43. This Act takes effect September 1, 2017.