Texas 2017 - 85th Regular

Texas Senate Bill SB1433 Compare Versions

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

Old	New	Differences
1	1	85R2693 LHC-D
2	2	By: Uresti S.B. No. 1433
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to requiring registration as a sex offender of certain
8	8	defendants convicted of the offense of continuous trafficking of
9	9	persons.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Article 62.001(5), Code of Criminal Procedure,
12	12	is amended to read as follows:
13	13	(5) "Reportable conviction or adjudication" means a
14	14	conviction or adjudication, including an adjudication of
15	15	delinquent conduct or a deferred adjudication, that, regardless of
16	16	the pendency of an appeal, is a conviction for or an adjudication
17	17	for or based on:
18	18	(A) a violation of Section 21.02 (Continuous
19	19	sexual abuse of young child or children), 21.11 (Indecency with a
20	20	child), 22.011 (Sexual assault), 22.021 (Aggravated sexual
21	21	assault), or 25.02 (Prohibited sexual conduct), Penal Code;
22	22	(B) a violation of Section 43.05 (Compelling
23	23	prostitution), 43.25 (Sexual performance by a child), or 43.26
24	24	(Possession or promotion of child pornography), Penal Code;
25	25	(B-1) a violation of Section 43.02
26	26	(Prostitution), Penal Code, if the offense is punishable under
27	27	Subsection (c)(3) of that section;
28	28	(C) a violation of Section 20.04(a)(4)
29	29	(Aggravated kidnapping), Penal Code, if the actor committed the
30	30	offense or engaged in the conduct with intent to violate or abuse
31	31	the victim sexually;
32	32	(D) a violation of Section 30.02 (Burglary),
33	33	Penal Code, if the offense or conduct is punishable under
34	34	Subsection (d) of that section and the actor committed the offense
35	35	or engaged in the conduct with intent to commit a felony listed in
36	36	Paragraph (A) or (C);
37	37	(E) a violation of Section 20.02 (Unlawful
38	38	restraint), 20.03 (Kidnapping), or 20.04 (Aggravated kidnapping),
39	39	Penal Code, if, as applicable:
40	40	(i) the judgment in the case contains an
41	41	affirmative finding under Article 42.015; or
42	42	(ii) the order in the hearing or the papers
43	43	in the case contain an affirmative finding that the victim or
44	44	intended victim was younger than 17 years of age;
45	45	(F) the second violation of Section 21.08
46	46	(Indecent exposure), Penal Code, but not if the second violation
47	47	results in a deferred adjudication;
48	48	(G) an attempt, conspiracy, or solicitation, as
49	49	defined by Chapter 15, Penal Code, to commit an offense or engage in
50	50	conduct listed in Paragraph (A), (B), (C), (D), (E), or (K);
51	51	(H) a violation of the laws of another state,
52	52	federal law, the laws of a foreign country, or the Uniform Code of
53	53	Military Justice for or based on the violation of an offense
54	54	containing elements that are substantially similar to the elements
55	55	of an offense listed under Paragraph (A), (B), (B-1), (C), (D), (E),
56	56	(G), (J), or (K), but not if the violation results in a deferred
57	57	adjudication;
58	58	(I) the second violation of the laws of another
59	59	state, federal law, the laws of a foreign country, or the Uniform
60	60	Code of Military Justice for or based on the violation of an offense
61	61	containing elements that are substantially similar to the elements
62	62	of the offense of indecent exposure, but not if the second violation
63	63	results in a deferred adjudication;
64	64	(J) a violation of Section 33.021 (Online
65	65	solicitation of a minor), Penal Code; [or]
66	66	(K) a violation of Section 20A.02(a)(3), (4),
67	67	(7), or (8) (Trafficking of persons), Penal Code; or
68	68	(L) a violation of Section 20A.03 (Continuous
69	69	trafficking of persons), Penal Code, if the offense is based on
70	70	conduct that constitutes an offense under Section 20A.02(a)(3),
71	71	(4), (7), or (8) of that code.
72	72	SECTION 2. Article 62.101(a), Code of Criminal Procedure,
73	73	is amended to read as follows:
74	74	(a) Except as provided by Subsection (b) and Subchapter I,
75	75	the duty to register for a person ends when the person dies if the
76	76	person has a reportable conviction or adjudication, other than an
77	77	adjudication of delinquent conduct, for:
78	78	(1) a sexually violent offense;
79	79	(2) an offense under Section 20A.02(a)(3), (4), (7),
80	80	or (8), 25.02, 43.05(a)(2), or 43.26, Penal Code;
81	81	(3) an offense under Section 20A.03, Penal Code, if
82	82	based on conduct that constitutes an offense under Section
83	83	20A.02(a)(3), (4), (7), or (8) of that code;
84	84	(4) an offense under Section 21.11(a)(2), Penal Code,
85	85	if before or after the person is convicted or adjudicated for the
86	86	offense under Section 21.11(a)(2), Penal Code, the person receives
87	87	or has received another reportable conviction or adjudication,
88	88	other than an adjudication of delinquent conduct, for an offense or
89	89	conduct that requires registration under this chapter;
90	90	(5) [(4)] an offense under Section 20.02, 20.03, or
91	91	20.04, Penal Code, if:
92	92	(A) the judgment in the case contains an
93	93	affirmative finding under Article 42.015 or, for a deferred
94	94	adjudication, the papers in the case contain an affirmative finding
95	95	that the victim or intended victim was younger than 17 years of age;
96	96	and
97	97	(B) before or after the person is convicted or
98	98	adjudicated for the offense under Section 20.02, 20.03, or 20.04,
99	99	Penal Code, the person receives or has received another reportable
100	100	conviction or adjudication, other than an adjudication of
101	101	delinquent conduct, for an offense or conduct that requires
102	102	registration under this chapter; or
103	103	(6) [(5)] an offense under Section 43.23, Penal Code,
104	104	that is punishable under Subsection (h) of that section.
105	105	SECTION 3. Articles 62.001 and 62.101, Code of Criminal
106	106	Procedure, as amended by this Act, apply only to an offense
107	107	committed on or after the effective date of this Act. An offense
108	108	committed before the effective date of this Act is governed by the
109	109	law in effect on the date the offense was committed, and the former
110	110	law is continued in effect for that purpose. For purposes of this
111	111	section, an offense was committed before the effective date of this
112	112	Act if any element of the offense occurred before that date.
113	113	SECTION 4. This Act takes effect September 1, 2017.