| 1 | 1 | | By: Jetton, Thimesch (Senate Sponsor - Hughes) H.B. No. 1136 |
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| 2 | 2 | | (In the Senate - Received from the House May 10, 2023; |
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| 3 | 3 | | May 11, 2023, read first time and referred to Committee on Criminal |
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| 4 | 4 | | Justice; May 19, 2023, reported favorably by the following vote: |
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| 5 | 5 | | Yeas 7, Nays 0; May 19, 2023, sent to printer.) |
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| 6 | 6 | | Click here to see the committee vote |
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| 7 | 7 | | |
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| 8 | 8 | | |
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| 9 | 9 | | A BILL TO BE ENTITLED |
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| 10 | 10 | | AN ACT |
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| 11 | 11 | | relating to the period for which a person is required to register as |
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| 12 | 12 | | a sex offender based on the offense of compelling prostitution. |
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| 13 | 13 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 14 | 14 | | SECTION 1. Article 62.101(a), Code of Criminal Procedure, |
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| 15 | 15 | | is amended to read as follows: |
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| 16 | 16 | | (a) Except as provided by Subsection (b) and Subchapter I, |
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| 17 | 17 | | the duty to register for a person ends when the person dies if the |
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| 18 | 18 | | person has a reportable conviction or adjudication, other than an |
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| 19 | 19 | | adjudication of delinquent conduct, for: |
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| 20 | 20 | | (1) a sexually violent offense; |
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| 21 | 21 | | (2) an offense under Section 20A.02(a)(3), (4), (7), |
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| 22 | 22 | | or (8), 25.02, 43.05 [43.05(a)(2)], or 43.26, Penal Code; |
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| 23 | 23 | | (3) an offense under Section 20A.03, Penal Code, if |
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| 24 | 24 | | based partly or wholly on conduct that constitutes an offense under |
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| 25 | 25 | | Section 20A.02(a)(3), (4), (7), or (8) of that code; |
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| 26 | 26 | | (4) an offense under Section 21.11(a)(2), Penal Code, |
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| 27 | 27 | | if before or after the person is convicted or adjudicated for the |
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| 28 | 28 | | offense under Section 21.11(a)(2), Penal Code, the person receives |
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| 29 | 29 | | or has received another reportable conviction or adjudication, |
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| 30 | 30 | | other than an adjudication of delinquent conduct, for an offense or |
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| 31 | 31 | | conduct that requires registration under this chapter; |
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| 32 | 32 | | (5) an offense under Section 20.02, 20.03, or 20.04, |
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| 33 | 33 | | Penal Code, if: |
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| 34 | 34 | | (A) the judgment in the case contains an |
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| 35 | 35 | | affirmative finding under Article 42.015 or, for a deferred |
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| 36 | 36 | | adjudication, the papers in the case contain an affirmative finding |
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| 37 | 37 | | that the victim or intended victim was younger than 17 years of age; |
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| 38 | 38 | | and |
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| 39 | 39 | | (B) before or after the person is convicted or |
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| 40 | 40 | | adjudicated for the offense under Section 20.02, 20.03, or 20.04, |
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| 41 | 41 | | Penal Code, the person receives or has received another reportable |
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| 42 | 42 | | conviction or adjudication, other than an adjudication of |
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| 43 | 43 | | delinquent conduct, for an offense or conduct that requires |
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| 44 | 44 | | registration under this chapter; or |
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| 45 | 45 | | (6) an offense under Section 43.23, Penal Code, that |
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| 46 | 46 | | is punishable under Subsection (h) of that section. |
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| 47 | 47 | | SECTION 2. Article 62.101(a), Code of Criminal Procedure, |
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| 48 | 48 | | as amended by this Act, applies only to a conviction or adjudication |
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| 49 | 49 | | for an offense committed on or after the effective date of this Act. |
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| 50 | 50 | | A conviction or adjudication for an offense committed before the |
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| 51 | 51 | | effective date of this Act is governed by the law in effect on the |
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| 52 | 52 | | date the offense was committed, and the former law is continued in |
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| 53 | 53 | | effect for that purpose. For purposes of this section, an offense |
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| 54 | 54 | | was committed before the effective date of this Act if any element |
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| 55 | 55 | | of the offense occurred before that date. |
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| 56 | 56 | | SECTION 3. This Act takes effect September 1, 2023. |
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| 57 | 57 | | * * * * * |
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