86R9646 MAW-D
By: Calanni H.B. No. 3031
A BILL TO BE ENTITLED
AN ACT
relating to sex offender registration for certain offenses
involving a child victim.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 42.015, Code of Criminal Procedure, is
amended by adding Subsection (c) to read as follows:
(c) In the trial of an offense under Section 33.021 or
43.02(b), Penal Code, the judge shall make an affirmative finding
of fact and enter the affirmative finding in the judgment in the
case if the judge determines beyond a reasonable doubt that the
victim or intended victim was:
(1) younger than 14 years of age at the time of the
offense; or
(2) believed by the defendant to be younger than 14
years of age at the time of the offense.
SECTION 2. Article 42A.105, Code of Criminal Procedure, is
amended by adding Subsection (g) to read as follows:
(g) If a judge places on deferred adjudication community
supervision a defendant charged with an offense under Section
33.021 or 43.02(b), Penal Code, the judge shall make an affirmative
finding of fact and file a statement of that affirmative finding
with the papers in the case if the judge determines beyond a
reasonable doubt that the victim or intended victim was:
(1) younger than 14 years of age at the time of the
offense; or
(2) believed by the defendant to be younger than 14
years of age at the time of the offense.
SECTION 3. Article 62.101(a), Code of Criminal Procedure,
is amended to read as follows:
(a) Except as provided by Subsection (b) and Subchapter I,
the duty to register for a person ends when the person dies if the
person has a reportable conviction or adjudication, other than an
adjudication of delinquent conduct, for:
(1) a sexually violent offense;
(2) an offense under Section 20A.02(a)(3), (4), (7),
or (8), 25.02, 43.05(a)(2), or 43.26, Penal Code;
(3) an offense under Section 20A.03, Penal Code, if
based partly or wholly on conduct that constitutes an offense under
Section 20A.02(a)(3), (4), (7), or (8) of that code;
(4) an offense under Section 21.11(a)(2), Penal Code
[, if before or after the person is convicted or adjudicated for the
offense under Section 21.11(a)(2), Penal Code, the person receives
or has received another reportable conviction or adjudication,
other than an adjudication of delinquent conduct, for an offense or
conduct that requires registration under this chapter];
(5) an offense under Section 20.02, 20.03, or 20.04,
Penal Code, if [:
[(A)] the judgment in the case contains an
affirmative finding under Article 42.015 or, for a deferred
adjudication, the papers in the case contain an affirmative finding
that the victim or intended victim was younger than 17 years of age;
[and
[(B) before or after the person is convicted or
adjudicated for the offense under Section 20.02, 20.03, or 20.04,
Penal Code, the person receives or has received another reportable
conviction or adjudication, other than an adjudication of
delinquent conduct, for an offense or conduct that requires
registration under this chapter; or]
(6) an offense under Section 33.021 or 43.02(b), Penal
Code, if the judgment in the case contains an affirmative finding
under Article 42.015 or, for a deferred adjudication, the papers in
the case contain an affirmative finding that the victim or intended
victim was:
(1) younger than 14 years of age at the time of the
offense; or
(2) believed by the defendant to be younger than 14
years of age at the time of the offense; or
(7) an offense under Section 43.23, Penal Code, that
is punishable under Subsection (h) of that section.
SECTION 4. Article 62.101, Code of Criminal Procedure, as
amended by this Act, applies only to a person who is required to
register under Chapter 62, Code of Criminal Procedure, solely on
the basis of a conviction or adjudication for an offense committed
on or after the effective date of this Act. A person who is required
to register under Chapter 62, Code of Criminal Procedure, on the
basis of a conviction or adjudication for an offense committed
before the effective date of this Act is governed by the law in
effect on the date the offense was committed, and the former law is
continued in effect for that purpose. For purposes of this section,
an offense was committed before the effective date of this Act if
any element of the offense occurred before that date.
SECTION 5. This Act takes effect September 1, 2019.