Texas 2025 - 89th Regular

Texas House Bill HB2151 Compare Versions

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11 By: Capriglione H.B. No. 2151
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66 A BILL TO BE ENTITLED
77 AN ACT
88 relating to the applicability of sex offender registration
99 requirements to the offense of indecent assault.
1010 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1111 SECTION 1. Article 62.001(5), Code of Criminal Procedure,
1212 is amended to read as follows:
1313 (5) "Reportable conviction or adjudication" means a
1414 conviction or adjudication, including an adjudication of
1515 delinquent conduct or a deferred adjudication, that, regardless of
1616 the pendency of an appeal, is a conviction for or an adjudication
1717 for or based on:
1818 (A) a violation of Section 21.02 (Continuous
1919 sexual abuse of young child or disabled individual), 21.09
2020 (Bestiality), 21.11 (Indecency with a child), 22.011 (Sexual
2121 assault), 22.021 (Aggravated sexual assault), or 25.02 (Prohibited
2222 sexual conduct), Penal Code;
2323 (B) a violation of Section 43.04 (Aggravated
2424 promotion of prostitution), 43.05 (Compelling prostitution), 43.25
2525 (Sexual performance by a child), or 43.26 (Possession or promotion
2626 of child pornography), Penal Code;
2727 (B-1) a violation of Section 43.021
2828 (Solicitation of Prostitution), Penal Code, if the offense is
2929 punishable as a felony of the second degree;
3030 (C) a violation of Section 20.04(a)(4)
3131 (Aggravated kidnapping), Penal Code, if the actor committed the
3232 offense or engaged in the conduct with intent to violate or abuse
3333 the victim sexually;
3434 (D) a violation of Section 30.02 (Burglary),
3535 Penal Code, if the offense or conduct is punishable under
3636 Subsection (d) of that section and the actor committed the offense
3737 or engaged in the conduct with intent to commit a felony listed in
3838 Paragraph (A) or (C);
3939 (E) a violation of Section 20.02 (Unlawful
4040 restraint), 20.03 (Kidnapping), or 20.04 (Aggravated kidnapping),
4141 Penal Code, if, as applicable:
4242 (i) the judgment in the case contains an
4343 affirmative finding under Article 42.015; or
4444 (ii) the order in the hearing or the papers
4545 in the case contain an affirmative finding that the victim or
4646 intended victim was younger than 17 years of age;
4747 (F) the second violation of Section 21.08
4848 (Indecent exposure), Penal Code, but not if the second violation
4949 results in a deferred adjudication;
5050 (F-1) the second violation of Section 22.012
5151 (Indecent assault), Penal Code, but not if the second violation
5252 results in a deferred adjudication;
5353 (G) an attempt, conspiracy, or solicitation, as
5454 defined by Chapter 15, Penal Code, to commit an offense or engage in
5555 conduct listed in Paragraph (A), (B), (C), (D), (E), (K), or (L);
5656 (H) a violation of the laws of another state,
5757 federal law, the laws of a foreign country, or the Uniform Code of
5858 Military Justice for or based on the violation of an offense
5959 containing elements that are substantially similar to the elements
6060 of an offense listed under Paragraph (A), (B), (B-1), (C), (D), (E),
6161 (G), (J), (K), or (L), but not if the violation results in a
6262 deferred adjudication;
6363 (I) the second violation of the laws of another
6464 state, federal law, the laws of a foreign country, or the Uniform
6565 Code of Military Justice for or based on the violation of an offense
6666 containing elements that are substantially similar to the elements
6767 of the offense of indecent exposure, but not if the second violation
6868 results in a deferred adjudication;
6969 (I-1) the second violation of the laws of another
7070 state, federal law, the laws of a foreign country, or the Uniform
7171 Code of Military Justice for or based on the violation of an offense
7272 containing elements that are substantially similar to the elements
7373 of the offense of indecent assault, but not if the second violation
7474 results in a deferred adjudication;
7575 (J) a violation of Section 33.021 (Online
7676 solicitation of a minor), Penal Code;
7777 (K) a violation of Section 20A.02(a)(3), (4),
7878 (7), or (8) (Trafficking of persons), Penal Code; or
7979 (L) a violation of Section 20A.03 (Continuous
8080 trafficking of persons), Penal Code, if the offense is based partly
8181 or wholly on conduct that constitutes an offense under Section
8282 20A.02(a)(3), (4), (7), or (8) of that code.
8383 SECTION 2. Article 62.053(d), Code of Criminal Procedure,
8484 is amended to read as follows:
8585 (d) If a person who has a reportable conviction described by
8686 Article 62.001(5)(H), [or] (I), or (I-1) is placed under the
8787 supervision of the parole division of the Texas Department of
8888 Criminal Justice or a community supervision and corrections
8989 department under Section 510.017, Government Code, the division or
9090 community supervision and corrections department shall conduct the
9191 prerelease notification and registration requirements specified in
9292 this article on the date the person is placed under the supervision
9393 of the division or community supervision and corrections
9494 department. If a person who has a reportable adjudication of
9595 delinquent conduct described by Article 62.001(5)(H), [or] (I), or
9696 (I-1) is[, as permitted by Section 60.002, Family Code,] placed
9797 under the supervision of the Texas Juvenile Justice Department
9898 [Youth Commission], a public or private vendor operating under
9999 contract with the Texas Juvenile Justice Department [Youth
100100 Commission], a local juvenile probation department, or a juvenile
101101 secure pre-adjudication or post-adjudication facility, the
102102 department [commission], vendor, probation department, or facility
103103 shall conduct the prerelease notification and registration
104104 requirements specified in this article on the date the person is
105105 placed under the supervision of the department [commission],
106106 vendor, probation department, or facility.
107107 SECTION 3. The change in law made by this Act applies only
108108 to an offense committed on or after the effective date of this Act.
109109 An offense committed before the effective date of this Act is
110110 governed by the law in effect on the date the offense was committed,
111111 and the former law is continued in effect for that purpose. For
112112 purposes of this section, an offense was committed before the
113113 effective date of this Act if any element of the offense occurred
114114 before that date.
115115 SECTION 4. This Act takes effect September 1, 2025.