Texas 2025 - 89th Regular

Texas House Bill HB5401 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	89R14613 EAS-D
2	2	By: Schatzline H.B. No. 5401
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the applicability of sex offender registration
10	10	requirements to certain felonies based on the offense initially
11	11	charged in the case.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Article 62.001(5), Code of Criminal Procedure,
14	14	is amended to read as follows:
15	15	(5) "Reportable conviction or adjudication" means a
16	16	conviction or adjudication, including an adjudication of
17	17	delinquent conduct or a deferred adjudication, that, regardless of
18	18	the pendency of an appeal, is a conviction for or an adjudication
19	19	for or based on:
20	20	(A) a violation of Section 21.02 (Continuous
21	21	sexual abuse of young child or disabled individual), 21.09
22	22	(Bestiality), 21.11 (Indecency with a child), 22.011 (Sexual
23	23	assault), 22.021 (Aggravated sexual assault), or 25.02 (Prohibited
24	24	sexual conduct), Penal Code;
25	25	(B) a violation of Section 43.04 (Aggravated
26	26	promotion of prostitution), 43.05 (Compelling prostitution), 43.25
27	27	(Sexual performance by a child), or 43.26 (Possession or promotion
28	28	of child pornography), Penal Code;
29	29	(B-1) a violation of Section 43.021
30	30	(Solicitation of Prostitution), Penal Code, if the offense is
31	31	punishable as a felony of the second degree;
32	32	(C) a violation of Section 20.04(a)(4)
33	33	(Aggravated kidnapping), Penal Code, if the actor committed the
34	34	offense or engaged in the conduct with intent to violate or abuse
35	35	the victim sexually;
36	36	(D) a violation of Section 30.02 (Burglary),
37	37	Penal Code, if the offense or conduct is punishable under
38	38	Subsection (d) of that section and the actor committed the offense
39	39	or engaged in the conduct with intent to commit a felony listed in
40	40	Paragraph (A) or (C);
41	41	(E) a violation of Section 20.02 (Unlawful
42	42	restraint), 20.03 (Kidnapping), or 20.04 (Aggravated kidnapping),
43	43	Penal Code, if, as applicable:
44	44	(i) the judgment in the case contains an
45	45	affirmative finding under Article 42.015; or
46	46	(ii) the order in the hearing or the papers
47	47	in the case contain an affirmative finding that the victim or
48	48	intended victim was younger than 17 years of age;
49	49	(F) the second violation of Section 21.08
50	50	(Indecent exposure), Penal Code, but not if the second violation
51	51	results in a deferred adjudication;
52	52	(G) an attempt, conspiracy, or solicitation, as
53	53	defined by Chapter 15, Penal Code, to commit an offense or engage in
54	54	conduct listed in Paragraph (A), (B), (C), (D), (E), (K), or (L);
55	55	(H) a violation of the laws of another state,
56	56	federal law, the laws of a foreign country, or the Uniform Code of
57	57	Military Justice for or based on the violation of an offense
58	58	containing elements that are substantially similar to the elements
59	59	of an offense listed under Paragraph (A), (B), (B-1), (C), (D), (E),
60	60	(G), (J), (K), or (L), but not if the violation results in a
61	61	deferred adjudication;
62	62	(I) the second violation of the laws of another
63	63	state, federal law, the laws of a foreign country, or the Uniform
64	64	Code of Military Justice for or based on the violation of an offense
65	65	containing elements that are substantially similar to the elements
66	66	of the offense of indecent exposure, but not if the second violation
67	67	results in a deferred adjudication;
68	68	(J) a violation of Section 33.021 (Online
69	69	solicitation of a minor), Penal Code;
70	70	(K) a violation of Section 20A.02(a)(3), (4),
71	71	(7), or (8) (Trafficking of persons), Penal Code; [or]
72	72	(L) a violation of Section 20A.03 (Continuous
73	73	trafficking of persons), Penal Code, if the offense is based partly
74	74	or wholly on conduct that constitutes an offense under Section
75	75	20A.02(a)(3), (4), (7), or (8) of that code; or
76	76	(M) a violation of any other offense punishable
77	77	as a felony, if a conviction or adjudication for the conduct
78	78	described in the initial filed charge in the case would have caused
79	79	the person to become subject to the registration requirements of
80	80	this chapter.
81	81	SECTION 2. Article 62.101, Code of Criminal Procedure, is
82	82	amended by adding Subsection (d) to read as follows:
83	83	(d) Notwithstanding any other provision of this article,
84	84	the duty to register for a person with a reportable conviction or
85	85	adjudication described by Article 62.001(5)(M) ends on the date
86	86	that a duty to register based on a conviction or adjudication
87	87	occurring with respect to the initial filed charge in the case would
88	88	have ended.
89	89	SECTION 3. The change in law made by this Act applies only
90	90	to an offense committed on or after the effective date of this Act.
91	91	An offense committed before the effective date of this Act is
92	92	governed by the law in effect on the date the offense was committed,
93	93	and the former law is continued in effect for that purpose. For
94	94	purposes of this section, an offense was committed before the
95	95	effective date of this Act if any element of the offense occurred
96	96	before that date.
97	97	SECTION 4. This Act takes effect September 1, 2025.