Texas 2017 - 85th Regular

Texas Senate Bill SB1828 Compare Versions

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

Old	New	Differences
1	1	By: Rodríguez S.B. No. 1828
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
147	147	a reportable conviction or has been ordered to register under
148	148	Chapter 54A, Family Code [adjudication] or who is required to
149	149	register as a condition of parole, release to mandatory
150	150	supervision, or community supervision shall register or, if the
151	151	person is a person for whom registration is completed under this
152	152	chapter, verify registration as provided by Subsection (f), with
153	153	the local law enforcement authority in any municipality where the
154	154	person resides or intends to reside for more than seven days. If
155	155	the person does not reside or intend to reside in a municipality,
156	156	the person shall register or verify registration in any county
157	157	where the person resides or intends to reside for more than seven
158	158	days. The person shall satisfy the requirements of this subsection
159	159	not later than the 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 sex
166	166	offenders, a person who has a reportable conviction, or reportable
167	167	adjudication, who resides in this state, and who is employed,
168	168	carries on a vocation, or is a student in another state shall, not
169	169	later than the 10th day after the date on which the person begins to
170	170	work or attend school in the other state, register with the law
171	171	enforcement authority that is identified by the department as the
172	172	authority designated by that state to receive registration
173	173	information. If the person is employed, carries on a vocation, or
174	174	is a student at a public or private institution of higher education
175	175	in the other state and if an authority for campus security exists at
176	176	the institution, the person shall also register with that authority
177	177	not later than the 10th day after the date on which the person
178	178	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
197	197	three. Before releasing the person, an official of the penal
198	198	institution 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" means
428	428	the Council on Sex Offender Treatment.
429	429	Art. 62.402. DETERMINATION OF MINIMUM REQUIRED REGISTRATION
430	430	PERIOD. (a) The department by rule shall determine the minimum
431	431	required registration period under federal law for each reportable
432	432	conviction under this chapter, or reportable adjudication the basis
433	433	for an order to register under Chapter 54A, Family Code [under this
434	434	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 periodically
444	444	verify with the United States Department of Justice's Office of Sex
445	445	Offender Sentencing, Monitoring, Apprehending, Registering, and
446	446	Tracking or another appropriate federal agency or office the
447	447	accuracy of the list of reportable convictions or reportable
448	448	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
550	550	students.
551	551	SECTION 23. Section 37.306, Education Code, is redesignated
552	552	as Section 37.305, Education Code and amended by amending
553	553	Subsection (a) to read as follows:
554	554	Sec. 37.305 [37.306]. REVIEW OF PLACEMENT IN
555	555	ALTERNATIVE EDUCATION PROGRAM.
556	556	(a) At the end of the first semester of a student’s placement
557	557	in an alternative education program under Section 37.304 [or
558	558	37.305], the school district board of trustees shall convene a
559	559	committee to review the student’s placement in the alternative
560	560	education program. The committee must be composed of: (1) a
561	561	classroom teacher from the campus to which the student would be
562	562	assigned were the student not placed in an alternative education
563	563	program;
564	564	(2) the student’s parole or probation officer or, in the case
565	565	of a student who does not have a parole or probation officer, a
566	566	representative of the local juvenile probation department;
567	567	(3) an instructor from the alternative education program to
568	568	which the student is assigned;
569	569	(4) a school district designee selected by the board of
570	570	trustees; and
571	571	(5) a school counselor employed by the school district.
572	572	SECTION 24. Section 37.307, Education Code, is redesignated
573	573	as Section 37.306, Education Code and amended by amending
574	574	Subsection (b) to read as follows:
575	575	Sec. 37.306 [37.307]. PLACEMENT AND REVIEW OF STUDENT WITH
576	576	DISABILITY.
577	577	(b) The review under Section 37.305 [37.306] of the
578	578	placement of a student with a disability who receives special
579	579	education services may be made only by a duly constituted
580	580	admission, review, and dismissal committee. The admission, review,
581	581	and dismissal committee may request that the board of trustees
582	582	convene a committee described by Section 37.305(a) [37.306(a)] to
583	583	assist the admission, review, and dismissal committee in conducting
584	584	the review.
585	585	SECTION 25. Section 37.308, Education Code, is redesignated
586	586	as Section 37.307, Education Code and amended to read as follows:
587	587	Sec. 37.307 [37.308]. TRANSFER OF REGISTERED SEX OFFENDER.
588	588	Except as provided by Section 37.304(b), a school district
589	589	shall determine whether to place a student to whom this subchapter
590	590	applies and who transfers to the district in the appropriate
591	591	alternative education program as provided by Section 37.308
592	592	[37.309] or in a regular classroom. The school district shall
593	593	follow the procedures specified under Section 37.305 [37.306] in
594	594	making the determination.
595	595	SECTION 26. Section 37.309, Education Code, is redesignated
596	596	as Section 37.308, Education Code.
597	597	SECTION 27. Section 51.073(d-1), Family Code, is amended to
598	598	read as follows:
599	599	(d-1) On the final transfer of a case involving a child who
600	600	has been adjudicated as having committed an offense for which
601	601	registration is [required] ordered under Chapter [62, Code of
602	602	Criminal Procedure] 54A, the receiving county shall have
603	603	jurisdiction to conduct a hearing under that chapter. This
604	604	subsection does not prohibit the receiving county juvenile court
605	605	from considering the written recommendations of the sending county
606	606	juvenile court.
607	607	SECTION 28. Section 54.03, Family Code, is amended by adding
608	608	Subsection (k) to read as follows:
609	609	(k) If the court or jury found at the conclusion of the
610	610	adjudication hearing that the child engaged in delinquent conduct
611	611	that constitutes a reportable adjudication under Section
612	612	54A.01(2), the child is not required to register as a sex offender
613	613	unless there is a court order requiring registration under Chapter
614	614	54A.
615	615	SECTION 29. Section 54.0405, Family Code, is amended by
616	616	amending Subsections (a), (b), (c), (g), and (i) and adding
617	617	Subsections (j) to read as follows:
618	618	Sec. 54.0405. CHILD PLACED ON PROBATION FOR CONDUCT
619	619	CONSTITUTING SEXUAL OFFENSE. (a) If a court or jury makes a
620	620	disposition under Section 54.04 in which a child described by
621	621	Subsection (b) is placed on probation the court:
622	622	(1) may require as a condition of probation that the
623	623	child:
624	624	(A) attend and successfully complete sex offender
625	625	treatment [, psychological counseling sessions for sex offenders]
626	626	as provided by Subsection (e); and
627	627	(B) submit to a polygraph examination as provided
628	628	by Subsection (f) for purposes of evaluating the child's treatment
629	629	progress; and
630	630	(2) shall require as a condition of probation that the
631	631	child [:
632	632	(A) register under Chapter 62, Code of Criminal
633	633	Procedure; and
634	634	(B)] submit a blood sample or other specimen to
635	635	the Department of Public Safety under Subchapter G, Chapter 411,
636	636	Government Code, for the purpose of creating a DNA record of the
637	637	child, unless the child has already submitted the required specimen
638	638	under other state law.
639	639	(b) This section applies to a child placed on probation for
640	640	conduct constituting an offense for which the child is ordered
641	641	[required] to register as a sex offender under [this] Chapter 54A
642	642	[62, Code of Criminal Procedure].
643	643	(c) Sex offender treatment [Psychological counseling]
644	644	required as a condition of probation under Subsection (a) must be
645	645	with an individual or organization that:
646	646	(1) provides sex offender treatment [or counseling];
647	647	(2) is a sex offender treatment provider, as defined by
648	648	Section 110.001(7), Occupations Code, specified by the local
649	649	juvenile probation department supervising the child; and
650	650	(3) meets minimum standards of sex offender treatment
651	651	[counseling] established by the local juvenile probation
652	652	department in accordance with guidelines established by the council
653	653	on sex offender treatment providers and licensing or registry
654	654	standards.
655	655	(g) A court that requires [as a condition of probation] that a
656	656	child attend sex offender treatment [psychological counseling]
657	657	under Subsection (a) may order the parent or guardian of the child
658	658	to:
659	659	(1) attend four sessions of instruction with an
660	660	individual or organization specified by the court relating to:
661	661	(A) sexual offenses;
662	662	(B) family communication skills;
663	663	(C) sex offender treatment;
664	664	(D) victims' rights;
665	665	(E) parental supervision; and
666	666	(F) appropriate sexual behavior; and
667	667	(2) during the period the child attends sex offender
668	668	treatment [psychological counseling], participate in monthly
669	669	treatment groups conducted by the child's treatment provider
670	670	relating to the child's sex offender treatment [psychological
671	671	counseling].
672	672	(i) A court that requires as a condition of probation that a
673	673	child attend sex offender treatment [psychological counseling
674	674	under Subsection (a) may, before the date the probation period
675	675	ends, extend the probation for any additional period necessary to
676	676	complete the required treatment [counseling] as determined by the
677	677	treatment provider, except that the probation may not be extended
678	678	to a date after the date of the child's 18th birthday, or 19th
679	679	birthday if the child is placed on determinate sentence probation
680	680	under Section 54.04(q).
681	681	(j) A court that requires that a child attend sex offender
682	682	treatment under Subsection (a) shall require the individual or
683	683	organization specified by the court to promptly provide upon
684	684	request by the prosecuting attorney, the child’s attorney or the
685	685	juvenile probation department a copy of a report that:
686	686	(1) describes the treatment of the child provided by the
687	687	individual or organization; and
688	688	(2) states the opinion of the treatment provider
689	689	whether the child would benefit from further treatment, or should
690	690	be successfully or unsuccessfully discharged from further
691	691	treatment.
692	692	SECTION 30. Section 54.0501, Family Code, is amended by
693	693	amending Subsections (g) and (h) to read as follows:
694	694	(g) If the juvenile court places the child on probation for an
695	695	offense for which registration as a sex offender may be ordered
696	696	under Chapter 54A [is required by Chapter 62, Code of Criminal
697	697	Procedure, and defers the registration requirement until
698	698	completion of treatment for the sex offense under Subchapter H,
699	699	Chapter 62, Code of Criminal Procedure], the authority to enter
700	700	orders under Chapter 54A [under that article to reexamine the need
701	701	for registration on completion of treatment] is transferred to the
702	702	court to which probation is transferred.
703	703	(h) If the juvenile court places the child on probation for an
704	704	offense for which registration as a sex offender may be ordered
705	705	under Chapter 54A [is required by Chapter 62, Code of Criminal
706	706	Procedure], and the child registers, the authority of the court to
707	707	order early termination of registration [excuse further compliance
708	708	with the registration requirement] under Section 54A [Subchapter H,
709	709	Chapter 62, Code of Criminal Procedure], is transferred to the
710	710	court to which probation is transferred.
711	711	SECTION 31. Title 3, Family Code, is amended by adding
712	712	Chapter 54A to read as follows:
713	713	CHAPTER 54A. JUVENILE SEX OFFENDER REGISTRATION
714	714	SUBCHAPTER A. GENERAL PROVISIONS
715	715	Sec. 54A.01. DEFINITIONS. In this chapter:
716	716	(1) “Public or private institution of higher education”
717	717	includes a college, university, community college, or technical or
718	718	trade institute.
719	719	(2) “Reportable adjudication” means an adjudication of
720	720	delinquent conduct that, regardless of the pendency of an appeal,
721	721	is an adjudication based on:
722	722	(A) a violation of Section 21.02 (Continuous sexual abuse of
723	723	young child or children), 21.11 (Indecency with a child), 22.011
724	724	(Sexual assault), 22.021 (Aggravated sexual assault), or 25.02
725	725	(Prohibited sexual conduct), Penal Code;
726	726	(B) a violation of Section 43.05 (Compelling prostitution),
727	727	43.25 (Sexual performance by a child), or 43.26 (Possession or
728	728	promotion of child pornography), Penal Code;
729	729	(C) a violation of Section 20.04(a)(4) (Aggravated
730	730	kidnapping), Penal Code, if the actor committed the offense or
731	731	engaged in the conduct with intent to violate or abuse the victim
732	732	sexually;
733	733	(D) a violation of Section 30.02 (Burglary), Penal Code, if
734	734	the offense or conduct is punishable under Subsection (d) of that
735	735	section and the actor committed the offense or engaged in the
736	736	conduct with intent to commit a felony listed in Paragraph (A) or
737	737	(C);
738	738	(E) the second violation of Section 21.08 (Indecent
739	739	exposure), Penal Code;
740	740	(F) an attempt, conspiracy, or solicitation, as defined by
741	741	Chapter 15, Penal Code, to commit an offense or engage in conduct
742	742	listed in Paragraph (A), (B), (C), (D), or (J);
743	743	(G) a violation of the laws of another state, federal law, the
744	744	laws of a foreign country for or based on the violation of an
745	745	offense containing elements that are substantially similar to the
746	746	elements of an offense listed under Paragraph (A), (B), (C), (D),
747	747	(F), (I), or (J);
748	748	(H) the second violation of the laws of another state,
749	749	federal law, the laws of a foreign country for or based on the
750	750	violation of an offense containing elements that are substantially
751	751	similar to the elements of the offense of indecent exposure;
752	752	(I) a violation of Section 33.021 (Online solicitation of a
753	753	minor), Penal Code; or
754	754	(J) a violation of Section 20A.02(a)(3), (4), (7), or (8)
755	755	(Trafficking of persons), Penal Code.
756	756	SUBCHAPTER B. JUVENILE SEX OFFENDER REGISTRATION
757	757	Sec. 54A.02. MOTION AND HEARING ON SEX OFFENDER REGISTRATION.
758	758	(a) After a disposition hearing for a reportable offense described
759	759	in 54A.01(2), the prosecuting attorney may file a written motion
760	760	requesting a hearing to require the child to register as a sex
761	761	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 in
768	768	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 commission of
789	789	the offense or offenses which are the subject of the adjudication;
790	790	(iii) any physical, mental or emotional harm to
791	791	the victim as a result of the child’s conduct;
792	792	(iv) the age of the child at the time of the
793	793	commission of the offense or offenses; and
794	794	(2) make its determination based on:
795	795	(i) the receipt of exhibits;
796	796	(ii) the testimony of witnesses;
797	797	(iii) representations of counsel for the parties;
798	798	or
799	799	(iv) the contents of a social history report
800	800	prepared by the juvenile probation department that may include the
801	801	results of testing and examination of the child by a psychologist,
802	802	psychiatrist, or counselor.
803	803	(e) All written matter considered by the court shall be
804	804	disclosed to all parties as provided by Section 54.04(b).
805	805	Sec. 54A.03. ORDER GENERALLY. (a) After a hearing under
806	806	Section 54A.02, if the court determines that the protection of the
807	807	public would be increased by registration under this Chapter and
808	808	any increase in protection of the public resulting from
809	809	registration of the child clearly outweighs the anticipated
810	810	substantial harm to the child and the child’s family that would
811	811	result from registration under this section, the court shall enter
812	812	an order requiring a child to register as a sex offender in
813	813	accordance with the registration procedures set out in Chapter 62,
814	814	Code of Criminal Procedure, but providing that the registration
815	815	information is not public information and is restricted to use by
816	816	law enforcement and criminal justice agencies, the Council on Sex
817	817	Offender Treatment, the Department of Family and Protective
818	818	Services, and public or private institutions of higher education
819	819	and may not be posted on the internet or released to the public in
820	820	any manner.
821	821	(b) After a hearing under this Chapter, if the court finds the
822	822	prosecuting attorney has not met its burden regarding registration,
823	823	the court shall enter an order so stating and the child shall not be
824	824	required to register.
825	825	SUBCHAPTER C. REGISTRATION FOR CERTAIN PERSONS
826	826	Sec. 54A.04. PERSONS ALREADY REGISTERED. A person who has
827	827	registered under Chapter 62, Code of Criminal Procedure as a sex
828	828	offender for an adjudication of delinquent conduct prior to
829	829	September 1, 2017 and whose registration is on a public registry,
830	830	shall be automatically removed from the public registry and that
831	831	person’s registration shall become nonpublic.
832	832	Sec. 54A.05. MOTION, HEARING, AND ORDER CONCERNING PERSON
833	833	WITH AN OUT-OF-STATE ADJUDICATION. The prosecuting attorney may
834	834	file a motion requesting sex offender registration of a person with
835	835	an out-of-state adjudication for an offense listed in Section
836	836	54A.01(2). The motion may be filed in the juvenile court of the
837	837	person's county of residence. On receipt of a motion under this
838	838	subsection, the juvenile court shall conduct a hearing and make
839	839	rulings as in other cases under 54A.02.
840	840	SUBCHAPTER D. APPEAL OF CERTAIN ORDERS
841	841	Sec. 54A.06. APPEAL OF CERTAIN ORDERS. (a) Notwithstanding
842	842	Section 56.01, Family Code, on entry by a juvenile court of an order
843	843	under Section 54A.03(b) or Section 54A.05(a) denying the state’s
844	844	motion to require registration, the prosecuting attorney may appeal
845	845	that order by giving notice of appeal within the time required under
846	846	Rule 26.2(b), Texas Rules of Appellate Procedure. The appeal is
847	847	civil and the standard of review in the appellate court is whether
848	848	the juvenile court committed procedural error or abused its
849	849	discretion in exempting the person from registration under this
850	850	chapter. The appeal is limited to review of the order denying the
851	851	person from registration under this chapter and may not include any
852	852	other issues in the case.
853	853	(b) A child may under Section 56.01, Family Code, appeal a
854	854	juvenile court's order under Section 54A.03(a) requiring
855	855	registration in the same manner as the appeal of any other legal
856	856	issue in the case. The standard of review in the appellate court is
857	857	whether the juvenile court committed procedural error or abused its
858	858	discretion in ordering registration.
859	859	SUBCHAPTER E. EARLY TERMINATION OF OBLIGATION TO REGISTER
860	860	Sec. 54A.07. DEFINITION. In this subchapter, “council” means
861	861	the Council on Sex Offender Treatment.
862	862	Sec. 54A.08. INDIVIDUAL RISK ASSESSMENT. (a) The council by
863	863	rule shall establish, develop, or adopt an individual risk
864	864	assessment tool or a group of individual risk assessment tools
865	865	that:
866	866	(1) evaluates the criminal history of a person required
867	867	to register under this chapter; and
868	868	(2) seeks to predict:
869	869	(A) the likelihood that the person will engage in
870	870	criminal activity that may result in the person receiving a second
871	871	or subsequent reportable adjudication; and
872	872	(B) the continuing danger, if any, that the person
873	873	poses to the community.
874	874	(b) On the written request of a person with a single
875	875	reportable adjudication that appears on the nonpublic list compiled
876	876	by the Department of Public Safety under Article 62.402(b), the
877	877	council shall:
878	878	(1) evaluate the person using the individual risk
879	879	assessment tool or group of individual risk assessment tools
880	880	established, developed, or adopted under Subsection (a); and
881	881	(2) provide to the person a written report detailing the
882	882	outcome of an evaluation conducted under Subdivision (1).
883	883	Sec. 54A.09. MOTION FOR EARLY TERMINATION OF OBLIGATION TO
884	884	REGISTER. A person ordered to register under this Chapter for a
885	885	reportable adjudication, who has requested and received an
886	886	individual risk assessment under Section 54A.08, may file a motion
887	887	for early termination of the person’s obligation to register under
888	888	this Chapter with the juvenile court that adjudicated the person.
889	889	(a) A motion filed under this section must be accompanied
890	890	by:
891	891	(1) A written explanation of how the reportable
892	892	adjudication giving rise to the person’s registration under this
893	893	Chapter qualifies as a reportable adjudication; and
894	894	(2) A certified copy of a written report detailing the
895	895	outcome of an individual risk assessment evaluation conducted in
896	896	accordance with Section 54A.08.
897	897	Sec. 54A.10. HEARING ON PETITION. (a) After reviewing a
898	898	motion filed with the juvenile court under Section 54A.09, the
899	899	court may:
900	900	(1) deny without a hearing the person’s request for
901	901	early termination; or
902	902	(2) hold a hearing on the motion to determine whether
903	903	to grant or deny the motion.
904	904	(b) The court may not grant a motion filed under Section
905	905	54A.09 if:
906	906	(1) the motion is not accompanied by the documents
907	907	required under Section 54A.09; or
908	908	(2) the court determines that the reportable
909	909	adjudication for which the person is ordered or required to
910	910	register under this Chapter is not a reportable adjudication for
911	911	which the person is required to register for a period that exceeds
912	912	the minimum required registration period under federal law.
913	913	Sec. 54A.11. COSTS OF INDIVIDUAL RISK ASSESSMENT AND OF
914	914	COURT. A person required to register under this Chapter who files a
915	915	motion for early termination of the person’s registration
916	916	obligation under this Chapter is responsible for and shall remit to
917	917	the Council on Sex Offender Treatment and to the court, as
918	918	applicable, all costs associated with and incurred by the council
919	919	in providing the individual risk assessment or by the court in
920	920	holding a hearing under Section 54A.10.
921	921	Sec. 54A.12. EFFECT OF ORDER GRANTING EARLY TERMINATION. (a)
922	922	If, after notice to the person and to the prosecuting attorney and a
923	923	hearing, the court grants a motion filed under Section 54A.09 for
924	924	early termination of a person’s obligation to register under this
925	925	Chapter, the person’s obligation to register under this Chapter
926	926	ends on the later of:
927	927	(1) the date the court enters the order of early
928	928	termination; or
929	929	(2) the date the person has paid each cost described by
930	930	Section 54A.11.
931	931	(b) If the court grants a motion filed under Section 54A.09
932	932	for early termination of a person’s obligation to register under
933	933	this Chapter, all conditions of the person’s parole, release to
934	934	mandatory supervision, or community supervision shall be modified
935	935	in accordance with the court’s order.
936	936	SUBCHAPTER F. CONFLICT OF LAW
937	937	Sec. 54A.11 CONFLICT OF LAW. In the event of a conflict
938	938	between this Chapter and a provision of Chapter 62, Government
939	939	Code, the provisions of this Chapter shall prevail.
940	940	SECTION 32. Section 58.003(n), Family Code is amended to read
941	941	as follows:
942	942	(n) A record created or maintained under Chapter 62, Code of
943	943	Criminal Procedure as a result of registration based on an order
944	944	issued under Chapter 54A, may not be sealed under this section if
945	945	the person who is the subject of the record has a continuing
946	946	obligation to register under Chapter 62, Code of Criminal Procedure
947	947	[that chapter].
948	948	SECTION 33. Section 411.1473, Government Code is amended by
949	949	amending Subsection (a) to read as follows:
950	950	Sec. 411.1473. DNA RECORDS OF CERTAIN REGISTERED SEX
951	951	OFFENDERS. (a) This section applies only to a person who is
952	952	required to register under Chapter 62, Code of Criminal Procedure
953	953	as a result of a reportable conviction under that Chapter or a
954	954	person who is ordered to register under Chapter 54A, Family Code.
955	955	SECTION 34. Section 245.053, Human Resources Code, is amended
956	956	by amending Subsections (a), (b), (c), (g), and (i) and adding
957	957	Subsection (j) to read as follows:
958	958	Sec. 245.053. SEX OFFENDER COUNSELING AND TREATMENT. (a) Before
959	959	releasing a child described by Subsection (b) under supervision,
960	960	the department:
961	961	(1) may require as a condition of release that the child:
962	962	(A) attend and successfully complete sex offender treatment,
963	963	[psychological counseling sessions for sex offenders] as provided
964	964	by Subsection (e); and
965	965	(B) submit to a polygraph examination as provided by Subsection (f)
966	966	for purposes of evaluating the child's treatment progress; and
967	967	(2) shall require as a condition of release that the child[:
968	968	(A) register under Chapter 62, Code of Criminal Procedure; and
969	969	(B)] submit a blood sample or other specimen to the Department of
970	970	Public Safety under Subchapter G, Chapter 411, Government Code, for
971	971	the purpose of creating a DNA record of the child, unless the child
972	972	has already submitted the required specimen under other state law.
973	973	(b) This section applies to a child adjudicated for engaging in
974	974	delinquent conduct constituting an offense for which the child is
975	975	ordered [required] to register as a sex offender under Chapter 54A,
976	976	Family Code [62, Code of Criminal Procedure].
977	977	(c) Sex offender treatment [Psychological counseling] required as
978	978	a condition of release under Subsection (a) must be with an
979	979	individual or organization that:
980	980	(1) provides sex offender treatment or counseling;
981	981	(2) is a sex offender treatment provider, as defined by
982	982	Section 110.001(7), Occupations Code, specified by the department;
983	983	and
984	984	(3) meets minimum standards of counseling established by the
985	985	department in accordance with the guidelines established by the
986	986	council on sex offender treatment providers and licensing or
987	987	registry standards.
988	988	(g) If the department requires as a condition of release that a
989	989	child attend sex offender treatment [psychological counseling]
990	990	under Subsection (a), the department shall notify the court that
991	991	committed the child to the department. After receiving
992	992	notification from the department under this subsection, the court
993	993	may order the parent or guardian of the child to:
994	994	(1) attend four sessions of instruction with an individual or
995	995	organization specified by the department relating to:
996	996	(A) sexual offenses;
997	997	(B) family communication skills;
998	998	(C) sex offender treatment;
999	999	(D) victims' rights;
1000	1000	(E) parental supervision; and
1001	1001	(F) appropriate sexual behavior; and
1002	1002	(2) during the time the child attends sex offender treatment,
1003	1003	[psychological counseling], participate in monthly treatment
1004	1004	groups conducted by the child's treatment provider relating to the
1005	1005	child's sex offender treatment [psychological counseling].
1006	1006	(i) If the department requires as a condition of release that a
1007	1007	child attend sex offender treatment [psychological counseling]
1008	1008	under Subsection (a), the department may, before the date the
1009	1009	period of release ends, petition the appropriate court to request
1010	1010	the court to extend the period of release for an additional period
1011	1011	necessary to complete the required sex offender treatment
1012	1012	[counseling] as determined by the treatment provider, except that
1013	1013	the release period may not be extended to a date after the date of
1014	1014	the child's 18th birthday.
1015	1015	(j) If the department requires as a condition of release that a
1016	1016	child attend sex offender treatment under subsection (a), the
1017	1017	department shall require the individual or organization specified
1018	1018	by the department to promptly provide upon request of the
1019	1019	department, the prosecuting attorney, or the child’s attorney, a
1020	1020	copy of a report that:
1021	1021	(1) describes the treatment of the child provided by the
1022	1022	individual or organization; and
1023	1023	(2) states the opinion of the treatment provider whether the
1024	1024	child would benefit from further treatment, or should be
1025	1025	successfully discharged from further treatment.
1026	1026	SECTION 35. Section 110.001, Occupations Code, is amended by
1027	1027	adding Subdivision (7-a) to read as follows:
1028	1028	(7-a) “Sexual behavior educator/paraprofessional”
1029	1029	means a person, licensed by the council and recognized based on
1030	1030	training and experience to provide psychoeducational and
1031	1031	skills-based interventions to juveniles with sexual behavior
1032	1032	problems who have been adjudicated or referred to a state agency or
1033	1033	a court.
1034	1034	SECTION 36. Section 110.151, Occupations Code, is amended by
1035	1035	amending Subdivision (3) and adding Subdivision (2-a) to read as
1036	1036	follows:
1037	1037	Sec. 110.151. TREATMENT FOR SEX OFFENDERS. The council
1038	1038	shall:
1039	1039	(1) develop treatment strategies for sex offenders by
1040	1040	evaluating in-state and out-of-state programs for sex offender
1041	1041	treatment;
1042	1042	(2) set standards for treatment of sex offenders that
1043	1043	must be met by sex offender treatment providers to be eligible for a
1044	1044	license under this chapter;
1045	1045	(2-a) set standards for residential programs offering
1046	1046	treatment to juveniles with sexual behavior problems; and
1047	1047	(3) recommend to licensing and regulatory boards and
1048	1048	to the directors of current programs methods of improving
1049	1049	residential programs to meet council standards.
1050	1050	SECTION 37. Section 110.152, Occupations Code, is amended by
1051	1051	amending Subsection (2)(A) and adding Subdivision (A-1) to read as
1052	1052	follows:
1053	1053	Sec. 110.152. LIST AND LICENSE REQUIREMENTS. The council
1054	1054	shall:
1055	1055	(1) maintain a list of sex offender treatment providers
1056	1056	under Section 110.161; and
1057	1057	(2) develop and implement by rule under Subchapter G:
1058	1058	(A) topic-specific training requirements for
1059	1059	providers working with juveniles [license requirements]; [and]
1060	1060	(A-1) license requirements; and
1061	1061	(B) procedures for sex offender treatment
1062	1062	providers.
1063	1063	SECTION 38. Section 110.157, Occupations Code, is amended to
1064	1064	read as follows:
1065	1065	Sec. 110.157. CONTINUING EDUCATION PROGRAMS. The council
1066	1066	shall design and conduct continuing education programs for sex
1067	1067	offender treatment providers. Continuing education programs shall
1068	1068	not serve as a substitute for the training curriculum required for
1069	1069	initial licensure. Continuing education programs shall offer
1070	1070	topics specific for specialized populations, including juveniles,
1071	1071	females, and individuals with developmental or intellectual
1072	1072	disabilities.
1073	1073	SECTION 39. Section 110.164, Occupations Code, is amended by
1074	1074	adding Subsection (c) to read as follows:
1075	1075	(c) The council shall develop or adopt a dynamic risk
1076	1076	assessment tool for use as part of an assessment battery to be
1077	1077	administered in determining that a juvenile adjudicated for a
1078	1078	sexual offense and ordered to register under Chapter 54A, Family
1079	1079	Code, will be subject to registration requirements.
1080	1080	SUBCHAPTER E. INTERAGENCY ADVISORY COMMITTEE
1081	1081	SECTION 40. Section 110.302, Occupations Code, is amended by
1082	1082	amending Subsection (c) to read as follows:
1083	1083	(c) The Texas Board of Criminal Justice may vote to exempt
1084	1084	employees of the Texas Department of Criminal Justice from a
1085	1085	specific licensing requirement imposed under this section if the
1086	1086	board determines that the requirement causes financial or
1087	1087	operational hardship on the agency. The Texas Juvenile Justice
1088	1088	Department [Youth Commission] may not exempt any employee of the
1089	1089	commission from a licensing requirement imposed by this section for
1090	1090	any reason.
1091	1091	(c) The governing board of the Texas Juvenile Justice
1092	1092	Department [Youth Commission] may vote to exempt employees of the
1093	1093	Texas Youth Commission from a specific licensing requirement
1094	1094	imposed under this section if the board determines that the
1095	1095	requirement causes financial or operational hardship on the agency.
1096	1096	The Texas Board of Criminal Justice may not exempt any employee of
1097	1097	the Texas Department of Criminal Justice from a licensing
1098	1098	requirement imposed by this section for any reason.
1099	1099	SECTION 41. Subchapter H, Chapter 62, Code of Criminal
1100	1100	Procedure, is repealed.
1101	1101	SECTION 42. Section 37.304, Education Code, as added by Acts
1102	1102	2007, 80th Leg., R.S., Ch. 1240 (H.B. 2532), Sec. 3, eff. June 15,
1103	1103	2007, and as added by Acts 2007, 80th Leg., R.S., Ch. 1291 (S.B. 6),
1104	1104	Sec. 3, eff. September 1, 2007, is repealed.
1105	1105	SECTION 43. This Act takes effect September 1, 2017.