1 | 1 | | By: Capriglione H.B. No. 2151 |
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2 | 2 | | |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | |
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6 | 6 | | A BILL TO BE ENTITLED |
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7 | 7 | | AN ACT |
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8 | 8 | | relating to the applicability of sex offender registration |
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9 | 9 | | requirements to the offense of indecent assault. |
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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), 22.011 (Sexual |
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21 | 21 | | assault), 22.021 (Aggravated sexual assault), or 25.02 (Prohibited |
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22 | 22 | | sexual conduct), Penal Code; |
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23 | 23 | | (B) a violation of Section 43.04 (Aggravated |
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24 | 24 | | promotion of prostitution), 43.05 (Compelling prostitution), 43.25 |
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25 | 25 | | (Sexual performance by a child), or 43.26 (Possession or promotion |
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26 | 26 | | of child pornography), Penal Code; |
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27 | 27 | | (B-1) a violation of Section 43.021 |
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28 | 28 | | (Solicitation of Prostitution), Penal Code, if the offense is |
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29 | 29 | | punishable as a felony of the second degree; |
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30 | 30 | | (C) a violation of Section 20.04(a)(4) |
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31 | 31 | | (Aggravated kidnapping), Penal Code, if the actor committed the |
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32 | 32 | | offense or engaged in the conduct with intent to violate or abuse |
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33 | 33 | | the victim sexually; |
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34 | 34 | | (D) a violation of Section 30.02 (Burglary), |
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35 | 35 | | Penal Code, if the offense or conduct is punishable under |
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36 | 36 | | Subsection (d) of that section and the actor committed the offense |
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37 | 37 | | or engaged in the conduct with intent to commit a felony listed in |
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38 | 38 | | Paragraph (A) or (C); |
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39 | 39 | | (E) a violation of Section 20.02 (Unlawful |
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40 | 40 | | restraint), 20.03 (Kidnapping), or 20.04 (Aggravated kidnapping), |
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41 | 41 | | Penal Code, if, as applicable: |
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42 | 42 | | (i) the judgment in the case contains an |
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43 | 43 | | affirmative finding under Article 42.015; or |
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44 | 44 | | (ii) the order in the hearing or the papers |
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45 | 45 | | in the case contain an affirmative finding that the victim or |
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46 | 46 | | intended victim was younger than 17 years of age; |
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47 | 47 | | (F) the second violation of Section 21.08 |
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48 | 48 | | (Indecent exposure), Penal Code, but not if the second violation |
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49 | 49 | | results in a deferred adjudication; |
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50 | 50 | | (F-1) the second violation of Section 22.012 |
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51 | 51 | | (Indecent assault), Penal Code, but not if the second violation |
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52 | 52 | | results in a deferred adjudication; |
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53 | 53 | | (G) an attempt, conspiracy, or solicitation, as |
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54 | 54 | | defined by Chapter 15, Penal Code, to commit an offense or engage in |
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55 | 55 | | conduct listed in Paragraph (A), (B), (C), (D), (E), (K), or (L); |
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56 | 56 | | (H) a violation of the laws of another state, |
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57 | 57 | | federal law, the laws of a foreign country, or the Uniform Code of |
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58 | 58 | | Military Justice for or based on the violation of an offense |
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59 | 59 | | containing elements that are substantially similar to the elements |
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60 | 60 | | of an offense listed under Paragraph (A), (B), (B-1), (C), (D), (E), |
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61 | 61 | | (G), (J), (K), or (L), but not if the violation results in a |
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62 | 62 | | deferred adjudication; |
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63 | 63 | | (I) the second violation of the laws of another |
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64 | 64 | | state, federal law, the laws of a foreign country, or the Uniform |
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65 | 65 | | Code of Military Justice for or based on the violation of an offense |
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66 | 66 | | containing elements that are substantially similar to the elements |
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67 | 67 | | of the offense of indecent exposure, but not if the second violation |
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68 | 68 | | results in a deferred adjudication; |
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69 | 69 | | (I-1) the second violation of the laws of another |
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70 | 70 | | state, federal law, the laws of a foreign country, or the Uniform |
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71 | 71 | | Code of Military Justice for or based on the violation of an offense |
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72 | 72 | | containing elements that are substantially similar to the elements |
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73 | 73 | | of the offense of indecent assault, but not if the second violation |
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74 | 74 | | results in a deferred adjudication; |
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75 | 75 | | (J) a violation of Section 33.021 (Online |
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76 | 76 | | solicitation of a minor), Penal Code; |
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77 | 77 | | (K) a violation of Section 20A.02(a)(3), (4), |
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78 | 78 | | (7), or (8) (Trafficking of persons), Penal Code; or |
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79 | 79 | | (L) a violation of Section 20A.03 (Continuous |
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80 | 80 | | trafficking of persons), Penal Code, if the offense is based partly |
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81 | 81 | | or wholly on conduct that constitutes an offense under Section |
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82 | 82 | | 20A.02(a)(3), (4), (7), or (8) of that code. |
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83 | 83 | | SECTION 2. Article 62.053(d), Code of Criminal Procedure, |
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84 | 84 | | is amended to read as follows: |
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85 | 85 | | (d) If a person who has a reportable conviction described by |
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86 | 86 | | Article 62.001(5)(H), [or] (I), or (I-1) is placed under the |
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87 | 87 | | supervision of the parole division of the Texas Department of |
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88 | 88 | | Criminal Justice or a community supervision and corrections |
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89 | 89 | | department under Section 510.017, Government Code, the division or |
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90 | 90 | | community supervision and corrections department shall conduct the |
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91 | 91 | | prerelease notification and registration requirements specified in |
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92 | 92 | | this article on the date the person is placed under the supervision |
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93 | 93 | | of the division or community supervision and corrections |
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94 | 94 | | department. If a person who has a reportable adjudication of |
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95 | 95 | | delinquent conduct described by Article 62.001(5)(H), [or] (I), or |
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96 | 96 | | (I-1) is[, as permitted by Section 60.002, Family Code,] placed |
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97 | 97 | | under the supervision of the Texas Juvenile Justice Department |
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98 | 98 | | [Youth Commission], a public or private vendor operating under |
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99 | 99 | | contract with the Texas Juvenile Justice Department [Youth |
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100 | 100 | | Commission], a local juvenile probation department, or a juvenile |
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101 | 101 | | secure pre-adjudication or post-adjudication facility, the |
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102 | 102 | | department [commission], vendor, probation department, or facility |
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103 | 103 | | shall conduct the prerelease notification and registration |
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104 | 104 | | requirements specified in this article on the date the person is |
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105 | 105 | | placed under the supervision of the department [commission], |
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106 | 106 | | vendor, probation department, or facility. |
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107 | 107 | | SECTION 3. The change in law made by this Act applies only |
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108 | 108 | | to an offense committed on or after the effective date of this Act. |
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109 | 109 | | An offense committed before the effective date of this Act is |
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110 | 110 | | governed by the law in effect on the date the offense was committed, |
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111 | 111 | | and the former law is continued in effect for that purpose. For |
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112 | 112 | | purposes of this section, an offense was committed before the |
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113 | 113 | | effective date of this Act if any element of the offense occurred |
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114 | 114 | | before that date. |
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115 | 115 | | SECTION 4. This Act takes effect September 1, 2025. |
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