Texas 2019 - 86th Regular

Texas House Bill HB3031 Compare Versions

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

Old	New	Differences
1	1	86R9646 MAW-D
2	2	By: Calanni H.B. No. 3031
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to sex offender registration for certain offenses
8	8	involving a child victim.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Article 42.015, Code of Criminal Procedure, is
11	11	amended by adding Subsection (c) to read as follows:
12	12	(c) In the trial of an offense under Section 33.021 or
13	13	43.02(b), Penal Code, the judge shall make an affirmative finding
14	14	of fact and enter the affirmative finding in the judgment in the
15	15	case if the judge determines beyond a reasonable doubt that the
16	16	victim or intended victim was:
17	17	(1) younger than 14 years of age at the time of the
18	18	offense; or
19	19	(2) believed by the defendant to be younger than 14
20	20	years of age at the time of the offense.
21	21	SECTION 2. Article 42A.105, Code of Criminal Procedure, is
22	22	amended by adding Subsection (g) to read as follows:
23	23	(g) If a judge places on deferred adjudication community
24	24	supervision a defendant charged with an offense under Section
25	25	33.021 or 43.02(b), Penal Code, the judge shall make an affirmative
26	26	finding of fact and file a statement of that affirmative finding
27	27	with the papers in the case if the judge determines beyond a
28	28	reasonable doubt that the victim or intended victim was:
29	29	(1) younger than 14 years of age at the time of the
30	30	offense; or
31	31	(2) believed by the defendant to be younger than 14
32	32	years of age at the time of the offense.
33	33	SECTION 3. Article 62.101(a), Code of Criminal Procedure,
34	34	is amended to read as follows:
35	35	(a) Except as provided by Subsection (b) and Subchapter I,
36	36	the duty to register for a person ends when the person dies if the
37	37	person has a reportable conviction or adjudication, other than an
38	38	adjudication of delinquent conduct, for:
39	39	(1) a sexually violent offense;
40	40	(2) an offense under Section 20A.02(a)(3), (4), (7),
41	41	or (8), 25.02, 43.05(a)(2), or 43.26, Penal Code;
42	42	(3) an offense under Section 20A.03, Penal Code, if
43	43	based partly or wholly on conduct that constitutes an offense under
44	44	Section 20A.02(a)(3), (4), (7), or (8) of that code;
45	45	(4) an offense under Section 21.11(a)(2), Penal Code
46	46	[, if before or after the person is convicted or adjudicated for the
47	47	offense under Section 21.11(a)(2), Penal Code, the person receives
48	48	or has received another reportable conviction or adjudication,
49	49	other than an adjudication of delinquent conduct, for an offense or
50	50	conduct that requires registration under this chapter];
51	51	(5) an offense under Section 20.02, 20.03, or 20.04,
52	52	Penal Code, if [:
53	53	[(A)] the judgment in the case contains an
54	54	affirmative finding under Article 42.015 or, for a deferred
55	55	adjudication, the papers in the case contain an affirmative finding
56	56	that the victim or intended victim was younger than 17 years of age;
57	57	[and
58	58	[(B) before or after the person is convicted or
59	59	adjudicated for the offense under Section 20.02, 20.03, or 20.04,
60	60	Penal Code, the person receives or has received another reportable
61	61	conviction or adjudication, other than an adjudication of
62	62	delinquent conduct, for an offense or conduct that requires
63	63	registration under this chapter; or]
64	64	(6) an offense under Section 33.021 or 43.02(b), Penal
65	65	Code, if the judgment in the case contains an affirmative finding
66	66	under Article 42.015 or, for a deferred adjudication, the papers in
67	67	the case contain an affirmative finding that the victim or intended
68	68	victim was:
69	69	(1) younger than 14 years of age at the time of the
70	70	offense; or
71	71	(2) believed by the defendant to be younger than 14
72	72	years of age at the time of the offense; or
73	73	(7) an offense under Section 43.23, Penal Code, that
74	74	is punishable under Subsection (h) of that section.
75	75	SECTION 4. Article 62.101, Code of Criminal Procedure, as
76	76	amended by this Act, applies only to a person who is required to
77	77	register under Chapter 62, Code of Criminal Procedure, solely on
78	78	the basis of a conviction or adjudication for an offense committed
79	79	on or after the effective date of this Act. A person who is required
80	80	to register under Chapter 62, Code of Criminal Procedure, on the
81	81	basis of a conviction or adjudication for an offense committed
82	82	before the effective date of this Act is governed by the law in
83	83	effect on the date the offense was committed, and the former law is
84	84	continued in effect for that purpose. For purposes of this section,
85	85	an offense was committed before the effective date of this Act if
86	86	any element of the offense occurred before that date.
87	87	SECTION 5. This Act takes effect September 1, 2019.