Texas 2017 - 85th Regular

Texas House Bill HB491 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		85R18124 LHC-D
2		-	By: Frullo H.B. No. 491
3		-	Substitute the following for H.B. No. 491:
4		-	By: Moody C.S.H.B. No. 491
	2	+	By: Frullo, Button, Fallon H.B. No. 491
5	3
6	4
7	5		A BILL TO BE ENTITLED
8	6		AN ACT
9	7		relating to requiring registration as a sex offender of certain
10	8		defendants convicted of the offense of continuous trafficking of
11	9		persons.
12	10		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	11		SECTION 1. Article 62.001(5), Code of Criminal Procedure,
14	12		is amended to read as follows:
15	13		(5) "Reportable conviction or adjudication" means a
16	14		conviction or adjudication, including an adjudication of
17	15		delinquent conduct or a deferred adjudication, that, regardless of
18	16		the pendency of an appeal, is a conviction for or an adjudication
19	17		for or based on:
20	18		(A) a violation of Section 21.02 (Continuous
21	19		sexual abuse of young child or children), 21.11 (Indecency with a
22	20		child), 22.011 (Sexual assault), 22.021 (Aggravated sexual
23	21		assault), or 25.02 (Prohibited sexual conduct), Penal Code;
24	22		(B) a violation of Section 43.05 (Compelling
25	23		prostitution), 43.25 (Sexual performance by a child), or 43.26
26	24		(Possession or promotion of child pornography), Penal Code;
27	25		(B-1) a violation of Section 43.02
28	26		(Prostitution), Penal Code, if the offense is punishable under
29	27		Subsection (c)(3) of that section;
30	28		(C) a violation of Section 20.04(a)(4)
31	29		(Aggravated kidnapping), Penal Code, if the actor committed the
32	30		offense or engaged in the conduct with intent to violate or abuse
33	31		the victim sexually;
34	32		(D) a violation of Section 30.02 (Burglary),
35	33		Penal Code, if the offense or conduct is punishable under
36	34		Subsection (d) of that section and the actor committed the offense
37	35		or engaged in the conduct with intent to commit a felony listed in
38	36		Paragraph (A) or (C);
39	37		(E) a violation of Section 20.02 (Unlawful
40	38		restraint), 20.03 (Kidnapping), or 20.04 (Aggravated kidnapping),
41	39		Penal Code, if, as applicable:
42	40		(i) the judgment in the case contains an
43	41		affirmative finding under Article 42.015; or
44	42		(ii) the order in the hearing or the papers
45	43		in the case contain an affirmative finding that the victim or
46	44		intended victim was younger than 17 years of age;
47	45		(F) the second violation of Section 21.08
48	46		(Indecent exposure), Penal Code, but not if the second violation
49	47		results in a deferred adjudication;
50	48		(G) an attempt, conspiracy, or solicitation, as
51	49		defined by Chapter 15, Penal Code, to commit an offense or engage in
52	50		conduct listed in Paragraph (A), (B), (C), (D), (E), [or] (K), or
53	51		(L);
54	52		(H) a violation of the laws of another state,
55	53		federal law, the laws of a foreign country, or the Uniform Code of
56	54		Military Justice for or based on the violation of an offense
57	55		containing elements that are substantially similar to the elements
58	56		of an offense listed under Paragraph (A), (B), (B-1), (C), (D), (E),
59	57		(G), (J), [or] (K), or (L), but not if the violation results in a
60	58		deferred adjudication;
61	59		(I) the second violation of the laws of another
62	60		state, federal law, the laws of a foreign country, or the Uniform
63	61		Code of Military Justice for or based on the violation of an offense
64	62		containing elements that are substantially similar to the elements
65	63		of the offense of indecent exposure, but not if the second violation
66	64		results in a deferred adjudication;
67	65		(J) a violation of Section 33.021 (Online
68	66		solicitation of a minor), Penal Code; [or]
69	67		(K) a violation of Section 20A.02(a)(3), (4),
70	68		(7), or (8) (Trafficking of persons), Penal Code; or
71	69		(L) a violation of Section 20A.03 (Continuous
72	70		trafficking of persons), Penal Code, if the offense is based partly
73	71		or wholly on conduct that constitutes an offense under Section
74	72		20A.02(a)(3), (4), (7), or (8) of that code.
75	73		SECTION 2. Article 62.101(a), Code of Criminal Procedure,
76	74		is amended to read as follows:
77	75		(a) Except as provided by Subsection (b) and Subchapter I,
78	76		the duty to register for a person ends when the person dies if the
79	77		person has a reportable conviction or adjudication, other than an
80	78		adjudication of delinquent conduct, for:
81	79		(1) a sexually violent offense;
82	80		(2) an offense under Section 20A.02(a)(3), (4), (7),
83	81		or (8), 25.02, 43.05(a)(2), or 43.26, Penal Code;
84	82		(3) an offense under Section 20A.03, Penal Code, if
85	83		based partly or wholly on conduct that constitutes an offense under
86	84		Section 20A.02(a)(3), (4), (7), or (8) of that code;
87	85		(4) an offense under Section 21.11(a)(2), Penal Code,
88	86		if before or after the person is convicted or adjudicated for the
89	87		offense under Section 21.11(a)(2), Penal Code, the person receives
90	88		or has received another reportable conviction or adjudication,
91	89		other than an adjudication of delinquent conduct, for an offense or
92	90		conduct that requires registration under this chapter;
93	91		(5) [(4)] an offense under Section 20.02, 20.03, or
94	92		20.04, Penal Code, if:
95	93		(A) the judgment in the case contains an
96	94		affirmative finding under Article 42.015 or, for a deferred
97	95		adjudication, the papers in the case contain an affirmative finding
98	96		that the victim or intended victim was younger than 17 years of age;
99	97		and
100	98		(B) before or after the person is convicted or
101	99		adjudicated for the offense under Section 20.02, 20.03, or 20.04,
102	100		Penal Code, the person receives or has received another reportable
103	101		conviction or adjudication, other than an adjudication of
104	102		delinquent conduct, for an offense or conduct that requires
105	103		registration under this chapter; or
106	104		(6) [(5)] an offense under Section 43.23, Penal Code,
107	105		that is punishable under Subsection (h) of that section.
108	106		SECTION 3. Articles 62.001 and 62.101, Code of Criminal
109	107		Procedure, as amended by this Act, apply only to an offense
110	108		committed on or after the effective date of this Act. An offense
111	109		committed before the effective date of this Act is governed by the
112	110		law in effect on the date the offense was committed, and the former
113	111		law is continued in effect for that purpose. For purposes of this
114	112		section, an offense was committed before the effective date of this
115	113		Act if any element of the offense occurred before that date.
116	114		SECTION 4. This Act takes effect September 1, 2017.