Texas 2025 - 89th Regular

Texas Senate Bill SB2921 Compare Versions

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11 89R3291 MCF-D
22 By: Parker S.B. No. 2921
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77 A BILL TO BE ENTITLED
88 AN ACT
99 relating to the applicability of sex offender registration
1010 requirements to the offense of indecent assault.
1111 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1212 SECTION 1. Article 62.001(5), Code of Criminal Procedure,
1313 is amended to read as follows:
1414 (5) "Reportable conviction or adjudication" means a
1515 conviction or adjudication, including an adjudication of
1616 delinquent conduct or a deferred adjudication, that, regardless of
1717 the pendency of an appeal, is a conviction for or an adjudication
1818 for or based on:
1919 (A) a violation of Section 21.02 (Continuous
2020 sexual abuse of young child or disabled individual), 21.09
2121 (Bestiality), 21.11 (Indecency with a child), 22.011 (Sexual
2222 assault), 22.021 (Aggravated sexual assault), or 25.02 (Prohibited
2323 sexual conduct), Penal Code;
2424 (B) a violation of Section 43.04 (Aggravated
2525 promotion of prostitution), 43.05 (Compelling prostitution), 43.25
2626 (Sexual performance by a child), or 43.26 (Possession or promotion
2727 of child pornography), Penal Code;
2828 (B-1) a violation of Section 43.021
2929 (Solicitation of Prostitution), Penal Code, if the offense is
3030 punishable as a felony of the second degree;
3131 (C) a violation of Section 20.04(a)(4)
3232 (Aggravated kidnapping), Penal Code, if the actor committed the
3333 offense or engaged in the conduct with intent to violate or abuse
3434 the victim sexually;
3535 (D) a violation of Section 30.02 (Burglary),
3636 Penal Code, if the offense or conduct is punishable under
3737 Subsection (d) of that section and the actor committed the offense
3838 or engaged in the conduct with intent to commit a felony listed in
3939 Paragraph (A) or (C);
4040 (E) a violation of Section 20.02 (Unlawful
4141 restraint), 20.03 (Kidnapping), or 20.04 (Aggravated kidnapping),
4242 Penal Code, if, as applicable:
4343 (i) the judgment in the case contains an
4444 affirmative finding under Article 42.015; or
4545 (ii) the order in the hearing or the papers
4646 in the case contain an affirmative finding that the victim or
4747 intended victim was younger than 17 years of age;
4848 (F) the second violation of Section 21.08
4949 (Indecent exposure), Penal Code, but not if the second violation
5050 results in a deferred adjudication;
5151 (F-1) the second violation of Section 22.012
5252 (Indecent assault), Penal Code, but not if the second violation
5353 results in a deferred adjudication;
5454 (G) an attempt, conspiracy, or solicitation, as
5555 defined by Chapter 15, Penal Code, to commit an offense or engage in
5656 conduct listed in Paragraph (A), (B), (C), (D), (E), (K), or (L);
5757 (H) a violation of the laws of another state,
5858 federal law, the laws of a foreign country, or the Uniform Code of
5959 Military Justice for or based on the violation of an offense
6060 containing elements that are substantially similar to the elements
6161 of an offense listed under Paragraph (A), (B), (B-1), (C), (D), (E),
6262 (G), (J), (K), or (L), but not if the violation results in a
6363 deferred adjudication;
6464 (I) the second violation of the laws of another
6565 state, federal law, the laws of a foreign country, or the Uniform
6666 Code of Military Justice for or based on the violation of an offense
6767 containing elements that are substantially similar to the elements
6868 of the offense of indecent exposure, but not if the second violation
6969 results in a deferred adjudication;
7070 (I-1) the second violation of the laws of another
7171 state, federal law, the laws of a foreign country, or the Uniform
7272 Code of Military Justice for or based on the violation of an offense
7373 containing elements that are substantially similar to the elements
7474 of the offense of indecent assault, but not if the second violation
7575 results in a deferred adjudication;
7676 (J) a violation of Section 33.021 (Online
7777 solicitation of a minor), Penal Code;
7878 (K) a violation of Section 20A.02(a)(3), (4),
7979 (7), or (8) (Trafficking of persons), Penal Code; or
8080 (L) a violation of Section 20A.03 (Continuous
8181 trafficking of persons), Penal Code, if the offense is based partly
8282 or wholly on conduct that constitutes an offense under Section
8383 20A.02(a)(3), (4), (7), or (8) of that code.
8484 SECTION 2. Article 62.053(d), Code of Criminal Procedure,
8585 is amended to read as follows:
8686 (d) If a person who has a reportable conviction described by
8787 Article 62.001(5)(H), [or] (I), or (I-1) is placed under the
8888 supervision of the parole division of the Texas Department of
8989 Criminal Justice or a community supervision and corrections
9090 department under Section 510.017, Government Code, the division or
9191 community supervision and corrections department shall conduct the
9292 prerelease notification and registration requirements specified in
9393 this article on the date the person is placed under the supervision
9494 of the division or community supervision and corrections
9595 department. If a person who has a reportable adjudication of
9696 delinquent conduct described by Article 62.001(5)(H), [or] (I), or
9797 (I-1) is[, as permitted by Section 60.002, Family Code,] placed
9898 under the supervision of the Texas Juvenile Justice Department
9999 [Youth Commission], a public or private vendor operating under
100100 contract with the Texas Juvenile Justice Department [Youth
101101 Commission], a local juvenile probation department, or a juvenile
102102 secure pre-adjudication or post-adjudication facility, the
103103 department [commission], vendor, probation department, or facility
104104 shall conduct the prerelease notification and registration
105105 requirements specified in this article on the date the person is
106106 placed under the supervision of the department [commission],
107107 vendor, probation department, or facility.
108108 SECTION 3. The change in law made by this Act applies only
109109 to an offense committed on or after the effective date of this Act.
110110 An offense committed before the effective date of this Act is
111111 governed by the law in effect on the date the offense was committed,
112112 and the former law is continued in effect for that purpose. For
113113 purposes of this section, an offense was committed before the
114114 effective date of this Act if any element of the offense occurred
115115 before that date.
116116 SECTION 4. This Act takes effect September 1, 2025.