| 1 | 1 | | 88R3923 MCF-D |
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| 2 | 2 | | By: Jetton, Leo-Wilson, Cook H.B. No. 964 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the applicability of sex offender registration |
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| 8 | 8 | | requirements to the offense of improper relationship between |
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| 9 | 9 | | educator and student. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Article 62.001(5), Code of Criminal Procedure, |
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| 12 | 12 | | is amended to read as follows: |
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| 13 | 13 | | (5) "Reportable conviction or adjudication" means a |
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| 14 | 14 | | conviction or adjudication, including an adjudication of |
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| 15 | 15 | | delinquent conduct or a deferred adjudication, that, regardless of |
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| 16 | 16 | | the pendency of an appeal, is a conviction for or an adjudication |
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| 17 | 17 | | for or based on: |
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| 18 | 18 | | (A) a violation of Section 21.02 (Continuous |
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| 19 | 19 | | sexual abuse of young child or disabled individual), 21.09 |
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| 20 | 20 | | (Bestiality), 21.11 (Indecency with a child), 21.12 (Improper |
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| 21 | 21 | | relationship between educator and student), 22.011 (Sexual |
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| 22 | 22 | | assault), 22.021 (Aggravated sexual assault), or 25.02 (Prohibited |
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| 23 | 23 | | sexual conduct), Penal Code; |
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| 24 | 24 | | (B) a violation of Section 43.04 (Aggravated |
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| 25 | 25 | | promotion of prostitution), 43.05 (Compelling prostitution), 43.25 |
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| 26 | 26 | | (Sexual performance by a child), or 43.26 (Possession or promotion |
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| 27 | 27 | | of child pornography), Penal Code; |
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| 28 | 28 | | (B-1) a violation of Section 43.021 |
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| 29 | 29 | | (Solicitation of Prostitution), Penal Code, if the offense is |
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| 30 | 30 | | punishable as a felony of the second degree; |
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| 31 | 31 | | (C) a violation of Section 20.04(a)(4) |
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| 32 | 32 | | (Aggravated kidnapping), Penal Code, if the actor committed the |
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| 33 | 33 | | offense or engaged in the conduct with intent to violate or abuse |
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| 34 | 34 | | the victim sexually; |
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| 35 | 35 | | (D) a violation of Section 30.02 (Burglary), |
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| 36 | 36 | | Penal Code, if the offense or conduct is punishable under |
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| 37 | 37 | | Subsection (d) of that section and the actor committed the offense |
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| 38 | 38 | | or engaged in the conduct with intent to commit a felony listed in |
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| 39 | 39 | | Paragraph (A) or (C); |
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| 40 | 40 | | (E) a violation of Section 20.02 (Unlawful |
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| 41 | 41 | | restraint), 20.03 (Kidnapping), or 20.04 (Aggravated kidnapping), |
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| 42 | 42 | | Penal Code, if, as applicable: |
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| 43 | 43 | | (i) the judgment in the case contains an |
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| 44 | 44 | | affirmative finding under Article 42.015; or |
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| 45 | 45 | | (ii) the order in the hearing or the papers |
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| 46 | 46 | | in the case contain an affirmative finding that the victim or |
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| 47 | 47 | | intended victim was younger than 17 years of age; |
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| 48 | 48 | | (F) the second violation of Section 21.08 |
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| 49 | 49 | | (Indecent exposure), Penal Code, but not if the second violation |
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| 50 | 50 | | results in a deferred adjudication; |
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| 51 | 51 | | (G) an attempt, conspiracy, or solicitation, as |
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| 52 | 52 | | defined by Chapter 15, Penal Code, to commit an offense or engage in |
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| 53 | 53 | | conduct listed in Paragraph (A), (B), (C), (D), (E), (K), or (L); |
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| 54 | 54 | | (H) a violation of the laws of another state, |
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| 55 | 55 | | federal law, the laws of a foreign country, or the Uniform Code of |
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| 56 | 56 | | Military Justice for or based on the violation of an offense |
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| 57 | 57 | | containing elements that are substantially similar to the elements |
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| 58 | 58 | | of an offense listed under Paragraph (A), (B), (B-1), (C), (D), (E), |
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| 59 | 59 | | (G), (J), (K), or (L), but not if the violation results in a |
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| 60 | 60 | | deferred adjudication; |
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| 61 | 61 | | (I) the second violation of the laws of another |
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| 62 | 62 | | state, federal law, the laws of a foreign country, or the Uniform |
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| 63 | 63 | | Code of Military Justice for or based on the violation of an offense |
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| 64 | 64 | | containing elements that are substantially similar to the elements |
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| 65 | 65 | | of the offense of indecent exposure, but not if the second violation |
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| 66 | 66 | | results in a deferred adjudication; |
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| 67 | 67 | | (J) a violation of Section 33.021 (Online |
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| 68 | 68 | | solicitation of a minor), Penal Code; |
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| 69 | 69 | | (K) a violation of Section 20A.02(a)(3), (4), |
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| 70 | 70 | | (7), or (8) (Trafficking of persons), Penal Code; or |
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| 71 | 71 | | (L) a violation of Section 20A.03 (Continuous |
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| 72 | 72 | | trafficking of persons), Penal Code, if the offense is based partly |
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| 73 | 73 | | or wholly on conduct that constitutes an offense under Section |
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| 74 | 74 | | 20A.02(a)(3), (4), (7), or (8) of that code. |
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| 75 | 75 | | SECTION 2. The change in law made by this Act applies only |
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| 76 | 76 | | to an offense committed on or after the effective date of this Act. |
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| 77 | 77 | | An offense committed before the effective date of this Act is |
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| 78 | 78 | | governed by the law in effect on the date the offense was committed, |
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| 79 | 79 | | and the former law is continued in effect for that purpose. For |
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| 80 | 80 | | purposes of this section, an offense was committed before the |
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| 81 | 81 | | effective date of this Act if any element of the offense occurred |
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| 82 | 82 | | before that date. |
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| 83 | 83 | | SECTION 3. This Act takes effect September 1, 2023. |
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