1-1                                   AN ACT
 1-2     relating to persons subject to sex offender registration
 1-3     requirements, to the supervised release of those persons, and to
 1-4     the consequences of engaging in certain conduct for which a person
 1-5     is subject to sex offender registration; providing penalties.
 1-6           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-7           SECTION 1.  Article 26.13, Code of Criminal Procedure, is
 1-8     amended by amending Subsection (a)  and by adding Subsection (h) to
 1-9     read as follows:
1-10           (a)  Prior to accepting a plea of guilty or a plea of nolo
1-11     contendere, the court shall admonish the defendant of:
1-12                 (1)  the range of the punishment attached to the
1-13     offense;
1-14                 (2)  the fact that the recommendation of the
1-15     prosecuting attorney as to punishment is not binding on the court.
1-16     Provided that the court shall inquire as to the existence of any
1-17     plea bargaining agreements between the state and the defendant and,
1-18     in the event that such an agreement exists, the court shall inform
1-19     the defendant whether it will follow or reject such agreement in
1-20     open court and before any finding on the plea.  Should the court
1-21     reject any such agreement, the defendant shall be permitted to
1-22     withdraw his plea of guilty or nolo contendere;
1-23                 (3)  the fact that if the punishment assessed does not
1-24     exceed the punishment recommended by the prosecutor and agreed to
 2-1     by the defendant and his attorney, the trial court must give its
 2-2     permission to the defendant before he may prosecute an appeal on
 2-3     any matter in the case except for those matters raised by written
 2-4     motions filed prior to trial; [and]
 2-5                 (4)  the fact that if the defendant is not a citizen of
 2-6     the United States of America, a plea of guilty or nolo contendere
 2-7     for the offense charged may result in deportation, the exclusion
 2-8     from admission to this country, or the denial of naturalization
 2-9     under federal law; and
2-10                 (5)  the fact that the defendant will be required to
2-11     meet the registration requirements of Chapter 62, if the defendant
2-12     is convicted of or placed on deferred adjudication for an offense
2-13     for which a person is subject to registration under that chapter.
2-14           (h)  Before accepting a plea of guilty or nolo contendere
2-15     from a defendant described by Subsection (a)(5), the court shall
2-16     ascertain whether the attorney representing the defendant has
2-17     advised the defendant regarding registration requirements under
2-18     Chapter 62.
2-19           SECTION 2.  Article 42.01, Code of Criminal Procedure, is
2-20     amended by adding Section 7 to read as follows:
2-21           Sec. 7.  In addition to the information described by Section
2-22     1, the judgment should reflect affirmative findings entered
2-23     pursuant to Article 42.015.
2-24           SECTION 3.  Chapter 42, Code of Criminal Procedure, is
2-25     amended by adding Article 42.015 to read as follows:
2-26           Art. 42.015.  FINDING OF AGE OF VICTIM.  In the trial of an
2-27     offense under Section 20.02, 20.03, or 20.04, Penal Code, or an
 3-1     attempt, conspiracy, or solicitation to commit one of those
 3-2     offenses, the judge shall make an affirmative finding of fact and
 3-3     enter the affirmative finding in the judgment in the case if the
 3-4     judge determines that the victim or intended victim was younger
 3-5     than 17 years of age at the time of the offense.
 3-6           SECTION 4.  Section 5, Article 42.12, Code of Criminal
 3-7     Procedure, is amended by adding Subsection (e) to read as follows:
 3-8           (e)  If a judge places on community supervision under this
 3-9     section a defendant charged with an offense under Section 20.02,
3-10     20.03, or 20.04, Penal Code, or an attempt, conspiracy, or
3-11     solicitation to commit one of those offenses, the judge shall make
3-12     an affirmative finding of fact and file a statement of that
3-13     affirmative finding with the papers in the case if the judge
3-14     determines that the victim or intended victim was younger than 17
3-15     years of age at the time of the offense.
3-16           SECTION 5.  (a)  Section 5(c), Article 42.12, Code of
3-17     Criminal Procedure, is amended to read as follows:
3-18           (c)  On expiration of a community supervision period imposed
3-19     under Subsection (a)  of this section, if the judge has not
3-20     proceeded to adjudication of guilt, the judge shall dismiss the
3-21     proceedings against the defendant and discharge him.  The judge may
3-22     dismiss the proceedings and discharge a defendant, other than a
3-23     defendant charged with an offense requiring the defendant to
3-24     register as a sex offender under Chapter 62, as added by Chapter
3-25     668, Acts of the 75th Legislature, Regular Session, 1997 [described
3-26     by Section 13B(b) of this article], prior to the expiration of the
3-27     term of community supervision if in the judge's opinion the best
 4-1     interest of society and the defendant will be served.  The judge
 4-2     may not dismiss the proceedings and discharge a defendant charged
 4-3     with an offense requiring the defendant to register under Chapter
 4-4     62, as added by Chapter 668, Acts of the 75th Legislature, Regular
 4-5     Session, 1997 [a felony described by Section 13B(b) of this article
 4-6     only if in the judge's opinion the best interest of society and the
 4-7     defendant will be served and the defendant has successfully
 4-8     completed at least two-thirds of the period of community
 4-9     supervision].  Except as provided by Section 12.42(g), Penal Code,
4-10     a dismissal and discharge under this section may not be deemed a
4-11     conviction for the purposes of disqualifications or disabilities
4-12     imposed by law for conviction of an offense.  For any defendant who
4-13     receives a dismissal and discharge under this section:
4-14                 (1)  upon conviction of a subsequent offense, the fact
4-15     that the defendant had previously received community supervision
4-16     with a deferred adjudication of guilt shall be admissible before
4-17     the court or jury to be considered on the issue of penalty;
4-18                 (2)  if the defendant is an applicant for a license or
4-19     is a licensee under Chapter 42, Human Resources Code, the Texas
4-20     Department of Human Services may consider the fact that the
4-21     defendant previously has received community supervision with a
4-22     deferred adjudication of guilt under this section in issuing,
4-23     renewing, denying, or revoking a license under that chapter; and
4-24                 (3)  if the defendant is a person who has applied for
4-25     registration to provide mental health or medical services for the
4-26     rehabilitation of sex offenders, the Interagency Council on Sex
4-27     Offender Treatment may consider the fact that the defendant has
 5-1     received community supervision under this section in issuing,
 5-2     renewing, denying, or revoking a license or registration issued by
 5-3     that council.
 5-4           (b)  Section 20(b), Article 42.12, Code of Criminal
 5-5     Procedure, is amended to read as follows:
 5-6           (b)  This section does not apply to a defendant convicted of
 5-7     an offense under Sections 49.04-49.08, Penal Code, a defendant
 5-8     convicted of an offense for which on conviction registration as a
 5-9     sex offender is required under Chapter 62, as added by Chapter 668,
5-10     Acts of the 75th Legislature, Regular Session, 1997, or a defendant
5-11     convicted of an offense punishable as a state jail felony.
5-12           (c)  The change in law made by this section applies only to a
5-13     defendant who receives deferred adjudication for an offense or is
5-14     convicted of an offense on or after the effective date of this Act,
5-15     regardless of whether the offense for which the defendant receives
5-16     deferred adjudication or is convicted is committed before, on, or
5-17     after the effective date of this Act.  A defendant receiving
5-18     deferred adjudication for or convicted of an offense before the
5-19     effective date of this Act is covered by the law in effect when the
5-20     defendant received deferred adjudication or was convicted, and the
5-21     former law is continued in effect for that purpose.
5-22           SECTION 6.  (a)  Section 11, Article 42.12, Code of Criminal
5-23     Procedure, is amended by adding Subsection (g) to read as follows:
5-24           (g)  A judge who grants community supervision to a person may
5-25     require the person to make one payment in an amount not to exceed
5-26     $50 to a children's advocacy center established under Subchapter E,
5-27     Chapter 264, Family Code, if the person is charged with or
 6-1     convicted of an offense under Section 21.11 or 22.011(a)(2), Penal
 6-2     Code.
 6-3           (b)  The change in law made by this section applies only to a
 6-4     person charged with or convicted of an offense committed on or
 6-5     after the effective date of this Act.  A person charged with or
 6-6     convicted of an offense committed before the effective date of this
 6-7     Act is covered by the law in effect when the offense was committed,
 6-8     and the former law is continued in effect for that purpose.  For
 6-9     purposes of this subsection, an offense is committed before the
6-10     effective date of this Act if any element of the offense occurs
6-11     before the effective date.
6-12           SECTION 7.  Article 62.01(3), Code of Criminal Procedure, is
6-13     amended to read as follows:
6-14                 (3)  "Penal institution" means a confinement facility
6-15     operated by or under a contract with any division of the Texas
6-16     Department of Criminal Justice, a confinement facility operated by
6-17     or under contract with the Texas Youth Commission, or a juvenile
6-18     secure pre-adjudication or post-adjudication facility operated by
6-19     or under a local  juvenile  probation  department,  or  a  county
6-20     jail.
6-21           SECTION 8.  Article 62.01, Code of Criminal Procedure, is
6-22     amended by amending Subdivisions (5) and (6) and by adding
6-23     Subdivision (7) to read as follows:
6-24                 (5)  "Reportable conviction or adjudication" means a
6-25     conviction or adjudication, regardless of the pendency of an
6-26     appeal, that is:
6-27                       (A)  a conviction for a violation of Section
 7-1     21.11 (Indecency with a child), 22.011 (Sexual assault), 22.021
 7-2     (Aggravated sexual assault), or 25.02 (Prohibited sexual conduct),
 7-3     Penal Code;
 7-4                       (B)  a conviction for a violation of Section
 7-5     43.05 (Compelling prostitution), 43.25 (Sexual performance by a
 7-6     child), or 43.26 (Possession or promotion of child pornography),
 7-7     Penal Code;
 7-8                       (C)  a conviction for a violation of Section
 7-9     20.04(a)(4) (Aggravated kidnapping), Penal Code, if the defendant
7-10     committed the offense with intent to violate or abuse the victim
7-11     sexually;
7-12                       (D)  a conviction for a violation of Section
7-13     30.02 (Burglary), Penal Code, if the offense is punishable under
7-14     Subsection (d) of that section and the defendant committed the
7-15     offense with intent to commit a felony listed in Paragraph (A) or
7-16     (C);
7-17                       (E)  a conviction for a violation of Section
7-18     20.02 (Unlawful restraint), 20.03 (Kidnapping), or 20.04
7-19     (Aggravated kidnapping), Penal Code, if the judgment in the case
7-20     contains an affirmative finding under Article 42.015;
7-21                       (F)  the second conviction for a violation of
7-22     Section 21.08 (Indecent exposure), Penal Code;
7-23                       (G) [(F)]  a conviction for an attempt,
7-24     conspiracy, or solicitation, as defined by Chapter 15, Penal Code,
7-25     to commit an offense listed in Paragraph (A), (B), (C), [or] (D),
7-26     or (E);
7-27                       (H) [(G)]  an adjudication of delinquent conduct:
 8-1                             (i)  based on a violation of one of the
 8-2     offenses listed in Paragraph (A), (B), (C), (D), or (G) or, if the
 8-3     order in the hearing contains an affirmative finding that the
 8-4     victim or intended victim was younger than 17 years of age, one of
 8-5     the offenses listed in Paragraph (E); [(F)] or
 8-6                             (ii)  for which two violations of the
 8-7     offense listed in Paragraph (F) [(E)] are shown;
 8-8                       (I) [(H)]  a deferred adjudication for an offense
 8-9     listed in:
8-10                             (i)  Paragraph (A), (B), (C), (D), or (G)
8-11     [(F)]; or
8-12                             (ii)  Paragraph (E) if the papers in the
8-13     case contain an affirmative finding that the victim or intended
8-14     victim was younger than 17 years of age;
8-15                       (J) [(I)]  a conviction under the laws of another
8-16     state, federal law, or the Uniform Code of Military Justice for an
8-17     offense containing elements that are substantially similar to the
8-18     elements of an offense listed under Paragraph (A), (B), (C), (D),
8-19     (E), or (G) [(F)];
8-20                       (K)  an adjudication of delinquent conduct under
8-21     the laws of another state or federal law based on a violation of an
8-22     offense containing elements that are substantially similar to the
8-23     elements of an offense listed under Paragraph (A), (B), (C), (D),
8-24     (E), or (G);
8-25                       (L) [or (J)]  the second conviction under the
8-26     laws of another state, federal law, or the Uniform Code of Military
8-27     Justice for an offense containing elements that are substantially
 9-1     similar to the elements of the offense of indecent exposure; or
 9-2                       (M)  the second adjudication of delinquent
 9-3     conduct under the laws of another state or federal law based on a
 9-4     violation of an offense containing elements that are substantially
 9-5     similar to the elements of the offense of indecent exposure.
 9-6                 (6)  "Sexually violent offense" means any of the
 9-7     following offenses committed by a person 17 years of age or older:
 9-8                       (A)  an offense under Section 21.11(a)(1)
 9-9     (Indecency with a child), 22.011 (Sexual assault), or 22.021
9-10     (Aggravated sexual assault), Penal Code;
9-11                       (B)  an offense under Section 43.25 (Sexual
9-12     performance by a child), Penal Code;
9-13                       (C)  an offense under Section 20.04(a)(4)
9-14     (Aggravated kidnapping), Penal Code, if the defendant committed the
9-15     offense with intent to violate or abuse the victim sexually;
9-16                       (D)  an offense under Section 30.02 (Burglary),
9-17     Penal Code, if the offense is punishable under Subsection (d) of
9-18     that section and the defendant committed the offense with intent to
9-19     commit a felony listed in Paragraph (A) or (C) of Subdivision (5);
9-20     or
9-21                       (E)  an offense under the laws of another state,
9-22     federal law, or the Uniform Code of Military Justice if the offense
9-23     contains elements that are substantially similar to the elements of
9-24     an offense listed under Paragraph (A), (B), (C), or (D).
9-25                 (7)  "Residence" includes a residence established in
9-26     this state by a person described by Article 62.061(e).
9-27           SECTION 9.  Chapter 62, Code of Criminal Procedure, as added
 10-1    by Chapter 668, Acts of the 75th Legislature, Regular Session,
 10-2    1997, is amended by adding Article 62.011 to read as follows:
 10-3          Art. 62.011.  WORKERS OR STUDENTS.  (a)  A person is employed
 10-4    or carries on a vocation for purposes of this chapter if the person
 10-5    works on a full-time or part-time basis for a consecutive period
 10-6    exceeding 14 days or for an aggregate period exceeding 30 days in a
 10-7    calendar year, whether the person works for compensation or for
 10-8    governmental or educational benefit.
 10-9          (b)  A person is a student for purposes of this chapter if
10-10    the person enrolls in any educational facility, including:
10-11                (1)  a public or private primary or secondary school,
10-12    including a high school or alternative learning center; or
10-13                (2)  a public or private institution of higher
10-14    education, including a college, university, community college, or
10-15    technical or trade institute.
10-16          SECTION 10.  Article 62.02, Code of Criminal Procedure, is
10-17    amended by amending Subsection (a)  and by adding Subsection (g) to
10-18    read as follows:
10-19          (a)  A person who has a reportable conviction or adjudication
10-20    or who is required to register as a condition of parole, release to
10-21    mandatory supervision, or community supervision shall register or,
10-22    if the person is a person for whom registration is completed under
10-23    this chapter, verify registration as provided by Subsection (d),
10-24    with the local law enforcement authority in any municipality where
10-25    the person resides or intends to reside for more than seven days.
10-26    If the person does not reside or intend to reside in a
10-27    municipality, the person shall register or verify registration in
 11-1    any county where the person resides or intends to reside for more
 11-2    than seven days.  The person shall satisfy the requirements of this
 11-3    subsection not later than the seventh day after the person's
 11-4    arrival in the municipality or county.
 11-5          (g)  If the other state has a registration requirement for
 11-6    sex offenders, a person who has a reportable conviction or
 11-7    adjudication, who resides in this state, and who is employed,
 11-8    carries on a vocation, or is a student in another state shall, not
 11-9    later than the 10th day after the date on which the person begins
11-10    to work or attend school in the other state, register with the law
11-11    enforcement authority that is identified by the department as the
11-12    authority designated by that state to receive registration
11-13    information.
11-14          SECTION 11.  Chapter 62, Code of Criminal Procedure, as added
11-15    by Chapter 668, Acts of the 75th Legislature, Regular Session,
11-16    1997, is amended by adding Article 62.021 to read as follows:
11-17          Art. 62.021.  OUT-OF-STATE REGISTRANTS.  (a)  This article
11-18    applies to a person who is required to register as a sex offender
11-19    under the laws of another state with which the department has
11-20    entered into a reciprocal registration agreement and who is not
11-21    otherwise required to register under this chapter because:
11-22                (1)  the person does not have a reportable conviction
11-23    for an offense under the laws of the other state containing
11-24    elements that are substantially similar to an offense requiring
11-25    registration under this chapter; or
11-26                (2)  the person does not have a reportable adjudication
11-27    of delinquent conduct based on a violation of an offense under the
 12-1    laws of the other state containing elements that are substantially
 12-2    similar to an offense requiring registration under this chapter.
 12-3          (b)  A person described by Subsection (a)  is required to
 12-4    comply with the annual verification requirements of Article 62.06
 12-5    in the same manner as a person who is required to verify
 12-6    registration on the basis of a reportable conviction or
 12-7    adjudication.
 12-8          (c)  The expiration of the duty to register for a person
 12-9    described by Subsection (a)  expires on the date the person's duty
12-10    to register would expire in the other state had the person remained
12-11    in that state.
12-12          (d)  The department may negotiate and enter into a reciprocal
12-13    registration agreement with any other state to prevent residents of
12-14    this state and residents of the other state from frustrating the
12-15    public purpose of the registration of sex offenders by moving from
12-16    one state to the other.
12-17          SECTION 12.  Article 62.03, Code of Criminal Procedure, is
12-18    amended by amending Subsections (d), (e), and (f) and by adding
12-19    Subsection (h) to read as follows:
12-20          (d)  If a person who has a reportable conviction [for an
12-21    offense] described by Article 62.01(5)(J) [62.01(5)(I)] or (L)
12-22    [(J)] is placed under the supervision of the pardons and paroles
12-23    division of the Texas Department of Criminal Justice or a community
12-24    supervision and corrections department under Article 42.11, the
12-25    division or community supervision and corrections department shall
12-26    conduct the prerelease notification and registration requirements
12-27    specified in this article on the date the person is placed under
 13-1    the supervision of the division or community supervision and
 13-2    corrections department.  If a person who has a reportable
 13-3    adjudication of delinquent conduct described by Article 62.01(5)(K)
 13-4    or (M) is, as permitted by Section 60.002, Family Code, placed
 13-5    under the supervision of the Texas Youth Commission, a public or
 13-6    private vendor operating under contract with the Texas Youth
 13-7    Commission, a local juvenile probation department, or a juvenile
 13-8    secure pre-adjudication or post-adjudication facility, the
 13-9    commission, vendor, probation department, or facility shall conduct
13-10    the prerelease notification and registration requirements specified
13-11    in this article on the date the person is placed under the
13-12    supervision of the commission, vendor, probation department, or
13-13    facility.
13-14          (e)  Not later than the eighth day after receiving a
13-15    registration form under Subsection (b), (c), or (d), the local law
13-16    enforcement authority shall verify the age of the victim, the age
13-17    of the person subject to registration, and the basis on which the
13-18    person is subject to registration under this chapter.  If the
13-19    victim is a child younger than 17 years of age and the basis on
13-20    which the person is subject to registration is not an adjudication
13-21    of delinquent conduct and is not a conviction or a deferred
13-22    adjudication for an offense under Section 25.02, Penal Code, the
13-23    authority shall immediately publish notice in English and Spanish
13-24    in the newspaper of greatest paid circulation in the county in
13-25    which the person subject to registration intends to reside or, if
13-26    there is no newspaper of paid circulation in that county, in the
13-27    newspaper of greatest general circulation in the county.  The
 14-1    authority shall publish a duplicate notice in the newspaper, with
 14-2    any necessary corrections, during the week immediately following
 14-3    the week of initial publication.  If the victim is a child younger
 14-4    than 17 years of age or the person subject to registration is 17
 14-5    years of age or older and a student enrolled in a public or private
 14-6    secondary school, regardless of the basis on which the person is
 14-7    subject to registration, the authority shall immediately provide
 14-8    notice to the superintendent of the public school district and to
 14-9    the administrator of any private primary or secondary school
14-10    located in the public school district in which the person subject
14-11    to registration intends to reside by mail to the office of the
14-12    superintendent or administrator, as appropriate.  On receipt of a
14-13    notice under this subsection, the superintendent shall release the
14-14    information contained in the notice to appropriate school district
14-15    personnel, including peace officers and security personnel,
14-16    principals, nurses, and counselors.
14-17          (f)  The local law enforcement authority shall include in the
14-18    notice by publication in a newspaper the following information
14-19    only:
14-20                (1)  the person's full name, age, and gender;
14-21                (2)  a brief description of the offense for which the
14-22    person is subject to registration; [and]
14-23                (3)  the municipality, numeric street address or
14-24    physical address, if a numeric street address is not available
14-25    [name], and zip code number where the person intends to reside; and
14-26                (4)  either a recent photograph of the person or the
14-27    Internet address of a website on which the person's photograph is
 15-1    accessible free of charge.
 15-2          (h)  Before a person who will be subject to registration
 15-3    under this chapter is due to be released from a penal institution
 15-4    in this state, an official of the penal institution shall inform
 15-5    the person that:
 15-6                (1)  if the person intends to reside in another state
 15-7    and to work or attend school in this state, the person must, not
 15-8    later than the seventh day after the date on which the person
 15-9    begins to work or attend school, register or verify registration
15-10    with the local law enforcement authority in the municipality or
15-11    county in which the person intends to work or attend school; and
15-12                (2)  if the person intends to reside in this state and
15-13    to work or attend school in another state and if the other state
15-14    has a registration requirement for sex offenders, the person must,
15-15    not later than the 10th day after the date on which the person
15-16    begins to work or attend school in the other state, register with
15-17    the law enforcement authority that is identified by the department
15-18    as the authority designated by that state to receive registration
15-19    information.
15-20          SECTION 13.  Articles 62.04(a), (f), and (g), Code of
15-21    Criminal Procedure, are amended to read as follows:
15-22          (a)  If a person required to register intends to change
15-23    address, regardless of whether the person intends to move to
15-24    another state, the person shall, not later than the seventh day
15-25    before the intended change, report in person to the local law
15-26    enforcement authority with whom the person last registered and to
15-27    the juvenile probation officer, community supervision and
 16-1    corrections department officer, or parole officer supervising the
 16-2    person and provide the authority and the officer with the person's
 16-3    anticipated move date and new address.  If a person required to
 16-4    register changes address, the person shall, not later than the
 16-5    seventh day after changing the address, report in person to the
 16-6    local law enforcement authority in the municipality or county in
 16-7    which the person's new residence is located and provide the
 16-8    authority with proof of identity and proof of residence.
 16-9          (f)  If the person moves to another municipality or county in
16-10    this state, the department shall inform the applicable local law
16-11    enforcement authority in the new area of the person's residence not
16-12    later than the third day after the date on which the department
16-13    receives information under Subsection (a).  Not later than the
16-14    eighth day after the date on which the local law enforcement
16-15    authority is informed under Subsection (a)  or under this
16-16    subsection, the authority shall verify the age of the victim, the
16-17    age of the person subject to registration, and the basis on which
16-18    the person is subject to registration under this chapter.  If the
16-19    victim is a child younger than 17 years of age and the basis on
16-20    which the person is subject to registration is not an adjudication
16-21    of delinquent conduct and is not a conviction or a deferred
16-22    adjudication for an offense under Section 25.02, Penal Code, the
16-23    authority shall immediately publish notice in English and Spanish
16-24    in the newspaper of greatest paid circulation in the county in
16-25    which the person subject to registration intends to reside or, if
16-26    there is no newspaper of paid circulation in that county, in the
16-27    newspaper of greatest general circulation in the county.  The local
 17-1    law enforcement authority shall publish a duplicate notice in the
 17-2    newspaper, with any necessary corrections, during the week
 17-3    immediately following the week of initial publication.  If the
 17-4    victim is a child younger than 17 years of age or the person
 17-5    subject to registration is 17 years of age or older and a student
 17-6    enrolled in a public or private secondary school, regardless of the
 17-7    basis on which the person is subject to registration, the authority
 17-8    shall immediately provide notice to the superintendent of the
 17-9    public school district and to the administrator of any private
17-10    primary or secondary school located in the public school district
17-11    in which the person subject to registration intends to reside by
17-12    mail to the office of the superintendent or administrator, as
17-13    appropriate.  On receipt of a notice under this subsection, the
17-14    superintendent shall release the information contained in the
17-15    notice to appropriate school district personnel, including peace
17-16    officers and security personnel, principals, nurses, and
17-17    counselors.
17-18          (g)  The local law enforcement authority shall include in the
17-19    notice by publication in a newspaper the following information
17-20    only:
17-21                (1)  the person's full name, age, and gender;
17-22                (2)  a brief description of the offense for which the
17-23    person is subject to registration; [and]
17-24                (3)  the municipality, numeric street address or
17-25    physical address, if a numeric street address is not available
17-26    [name], and zip code number where the person intends to reside; and
17-27                (4)  either a recent photograph of the person or the
 18-1    Internet address of a website on which the person's photograph is
 18-2    accessible free of charge.
 18-3          SECTION 14.  Article 62.05, Code of Criminal Procedure, is
 18-4    amended to read as follows:
 18-5          Art. 62.05.  STATUS REPORT BY SUPERVISING OFFICER.  (a)  If
 18-6    the juvenile probation officer, community supervision and
 18-7    corrections department officer, or parole officer supervising a
 18-8    person subject to registration under this chapter receives
 18-9    information to the effect that the person's status has changed in
18-10    any manner that affects proper supervision of the person, including
18-11    a change in the person's physical health, job status,
18-12    incarceration, or terms of release, the supervising officer shall
18-13    promptly notify the appropriate local law enforcement authority or
18-14    authorities of that change.  If the person required to register
18-15    intends to change address, the person's supervising officer shall
18-16    notify the local law enforcement authorities designated by Article
18-17    62.04(b).
18-18          (b)  If a person required to register is not supervised by an
18-19    officer listed in Subsection (a), the person shall report to the
18-20    local law enforcement authority any change in the person's physical
18-21    health or job status not later than the seventh day after the date
18-22    of the change.  For purposes of this subsection, a person's job
18-23    status changes if the person leaves employment for any reason,
18-24    remains employed by an employer but changes the location at which
18-25    the person works, or begins employment with a new employer.  For
18-26    purposes of this subsection, a person's health status changes if
18-27    the person is hospitalized as a result of an illness.
 19-1          SECTION 15.  Articles 62.06(a) and (b), Code of Criminal
 19-2    Procedure, are amended to read as follows:
 19-3          (a)  A person subject to registration under this chapter who
 19-4    has for a sexually violent offense been convicted [on] two or more
 19-5    times, [occasions been convicted of or] received an order of
 19-6    deferred adjudication two or more times, or been convicted and
 19-7    received an order of deferred adjudication [for a sexually violent
 19-8    offense] shall report to the local law enforcement authority with
 19-9    whom the person is required to register not less than once in each
19-10    90-day period following the date the person first registered under
19-11    this chapter to verify the information in the registration form
19-12    maintained by the authority for that person.  A person subject to
19-13    registration under this chapter who is not subject to the 90-day
19-14    reporting requirement described by this subsection shall report to
19-15    the local law enforcement authority with whom the person is
19-16    required to register once each year not earlier than the 30th day
19-17    before and not later than the 30th day after the anniversary of the
19-18    person's date of birth [on which the person first registered under
19-19    this chapter] to verify the information in the registration form
19-20    maintained by the authority for that person.  For purposes of this
19-21    subsection, a person complies with a requirement that the person
19-22    register within a 90-day period following a date if the person
19-23    registers at any time on or after the 83rd day following that date
19-24    but before the 98th day after that date.
19-25          (b)  A local law enforcement authority with whom a person is
19-26    required to register under this chapter may direct the person to
19-27    report to the authority to verify the information in the
 20-1    registration form maintained by the authority for that person.  The
 20-2    authority may direct the person to report under this subsection
 20-3    once in each 90-day period following the date the person first
 20-4    registered under this chapter, if the person is required to report
 20-5    not less than once in each 90-day period under Subsection (a) [has
 20-6    on two or more occasions been convicted of or received an order of
 20-7    deferred adjudication for a sexually violent offense,] or[, if
 20-8    not,] once in each year not earlier than the 30th day before and
 20-9    not later than the 30th day after the anniversary of the person's
20-10    date of birth, if the person is required to report once each year
20-11    under Subsection (a) [on which the person first registered under
20-12    this chapter].  A local law enforcement authority may not direct a
20-13    person to report to the authority under this subsection if the
20-14    person is required to report under Subsection (a)  and is in
20-15    compliance with the reporting requirements of that subsection.
20-16          SECTION 16.  Chapter 62, Code of Criminal Procedure, as added
20-17    by Chapter 668, Acts of the 75th Legislature, Regular Session,
20-18    1997, is amended by adding Articles 62.061 and 62.062 to read as
20-19    follows:
20-20          Art. 62.061.  REGISTRATION OF CERTAIN WORKERS OR STUDENTS.
20-21    (a)  A person is subject to this article and, except as otherwise
20-22    provided by this article, to the other articles of this chapter if
20-23    the person:
20-24                (1)  has a reportable conviction or adjudication;
20-25                (2)  resides in another state; and
20-26                (3)  is employed, carries on a vocation, or is a
20-27    student in this state.
 21-1          (b)  A person described by Subsection (a)  is subject to the
 21-2    registration and verification requirements of Articles 62.02 and
 21-3    62.06 and to the change of address requirements of Article 62.04,
 21-4    except that the registration and verification and the reporting of
 21-5    a change of address are based on the municipality or county in
 21-6    which the person works or attends school.  The person is subject to
 21-7    the school notification requirements of Articles 62.03 and 62.04,
 21-8    except that notice provided to the superintendent and any
 21-9    administrator is based on the public school district in which the
21-10    person works or attends school.
21-11          (c)  A person described by Subsection (a)  is not subject to
21-12    Article 62.12 and the newspaper publication requirements of
21-13    Articles 62.03 and 62.04.
21-14          (d)  The duty to register for a person described by
21-15    Subsection (a) ends when the person no longer works or studies in
21-16    this state, provides notice of that fact to the local law
21-17    enforcement authority in the municipality or county in which the
21-18    person works or attends school, and receives notice of verification
21-19    of that fact from the authority.  The authority must verify that
21-20    the person no longer works or studies in this state and must
21-21    provide to the person notice of that verification within a
21-22    reasonable time.
21-23          (e)  Notwithstanding Subsection (a), this article does not
21-24    apply to a person who has a reportable conviction or adjudication,
21-25    who resides in another state, and who is employed, carries on a
21-26    vocation, or is a student in this state if the person establishes
21-27    another residence in this state to work or attend school in this
 22-1    state.  However, that person remains subject to the other articles
 22-2    of this chapter based on that person's residence in this state.
 22-3          Art. 62.062.  REGISTRATION OF PERSONS REGULARLY VISITING
 22-4    LOCATION.  (a)  A person subject to this chapter who on at least
 22-5    three occasions during any month spends more than 48 consecutive
 22-6    hours in a municipality or county in this state, other than the
 22-7    municipality or county in which the person is registered under this
 22-8    chapter, before the last day of that month shall report that fact
 22-9    to:
22-10                (1)  the local law enforcement authority of the
22-11    municipality in which the person is a visitor; or
22-12                (2)  if the person is a visitor in a location that is
22-13    not a municipality, the local law enforcement authority of the
22-14    county in which the person is a visitor.
22-15          (b)  A person described by Subsection (a)  shall provide the
22-16    local law enforcement authority with:
22-17                (1)  all information the person is required to provide
22-18    under Article 62.02(b);
22-19                (2)  the address of any location in the municipality or
22-20    county, as appropriate, at which the person was lodged during the
22-21    month; and
22-22                (3)  a statement as to whether the person intends to
22-23    return to the municipality or county during the succeeding month.
22-24          (c)  This article does not impose on a local law enforcement
22-25    authority requirements of public notification or notification to
22-26    schools relating to a person about whom the authority is not
22-27    otherwise required by this chapter to make notifications.
 23-1          SECTION 17.  Article 62.08(b), Code of Criminal Procedure, is
 23-2    amended to read as follows:
 23-3          (b)  The information contained in the database is public
 23-4    information, with the exception of [the person's photograph or] any
 23-5    information:
 23-6                (1)  regarding the person's social security number,
 23-7    driver's license number, [numeric street address,] or telephone
 23-8    number;
 23-9                (2)  that is required by the department under Article
23-10    62.02(b)(5); or
23-11                (3)  that would identify the victim of the offense for
23-12    which the person is subject to registration.
23-13          SECTION 18.  Articles 62.10(b) and (c), Code of Criminal
23-14    Procedure, are amended to read as follows:
23-15          (b)  An offense under this article is:
23-16                (1)  a state jail felony if the actor is a person whose
23-17    duty to register expires under Article 62.12(b);
23-18                (2)  a felony of the third degree if the actor is a
23-19    person whose duty to register expires under Article 62.12(a) and
23-20    who is required to verify registration once each year under Article
23-21    62.06; and
23-22                (3)  a felony of the second degree if the actor is a
23-23    person whose duty to register expires under Article 62.12(a) and
23-24    who is required to verify registration once each 90-day period
23-25    under Article 62.06.
23-26          (c)  If it is shown at the trial of a person for an offense
23-27    under this article that the person has previously been convicted of
 24-1    an offense under this article, the punishment for the offense is
 24-2    increased to the punishment for the next highest degree of felony
 24-3    [person shall be punished for a felony of the third degree].
 24-4          SECTION 19.  Section 54.04, Family Code, is amended by adding
 24-5    Subsection (q) to read as follows:
 24-6          (q)  If the judge orders a disposition under this section and
 24-7    there is an affirmative finding that the victim or intended victim
 24-8    was younger than 17 years of age at the time of the conduct, the
 24-9    judge shall enter the finding in the order.
24-10          SECTION 20.  Section 58.007(a), Family Code, is amended to
24-11    read as follows:
24-12          (a)  This section applies only to the inspection and
24-13    maintenance of a physical record or file concerning a child and
24-14    does not affect the collection, dissemination, or maintenance of
24-15    information as provided by Subchapter B.  This section does not
24-16    apply to a record or file relating to a child that is:
24-17                (1)  required or authorized to be maintained under the
24-18    laws regulating the operation of motor vehicles in this state;
24-19                (2)  [or to a record or file relating to a child that
24-20    is] maintained by a municipal or justice court; or
24-21                (3)  subject to disclosure under Chapter 62, Code of
24-22    Criminal Procedure, as added by Chapter 668, Acts of the 75th
24-23    Legislature, Regular Session, 1997.
24-24          SECTION 21.  Section 411.135(a), Government Code, as added by
24-25    Chapter 747, Acts of the 75th Legislature, Regular Session, 1997,
24-26    is amended to read as follows:
24-27          (a)  Any person is entitled to obtain from the department:
 25-1                (1)  any information described as public information
 25-2    under Chapter 62, Code of Criminal Procedure, as added by Chapter
 25-3    668, Acts of the 75th Legislature, Regular Session, 1997,
 25-4    including, to the extent available, a recent photograph of each
 25-5    person subject to registration under that chapter [Section 5,
 25-6    Article 6252-13c.1, Revised Statutes]; and
 25-7                (2)  criminal history record information maintained by
 25-8    the department [that is a court record of a public judicial
 25-9    proceeding and] that relates to[:]
25-10                      [(A)]  the conviction of or a grant of deferred
25-11    adjudication to a person for any criminal offense, including arrest
25-12    information that relates to the conviction or grant of deferred
25-13    adjudication[; or]
25-14                      [(B)  a grant of deferred adjudication to a
25-15    person charged with a felony offense].
25-16          SECTION 22.  (a)  Section 15.031, Penal Code, is amended to
25-17    read as follows:
25-18          Sec. 15.031.  CRIMINAL SOLICITATION OF A MINOR.  (a)  A
25-19    person commits an offense if, with intent that an offense listed by
25-20    Section 3g(a)(1), Article 42.12, Code of Criminal Procedure, be
25-21    committed, the person requests, commands, or attempts to induce a
25-22    minor to engage in specific conduct that, under the circumstances
25-23    surrounding the actor's conduct as the actor believes them to be,
25-24    would constitute an offense listed by Section 3g(a)(1), Article
25-25    42.12, or make the minor a party to the commission of an offense
25-26    listed by Section 3g(a)(1), Article 42.12.
25-27          (b)  A person commits an offense if, with intent that an
 26-1    offense under Section 21.11, 22.011, 22.021, or 43.25 be committed,
 26-2    the person by any means requests, commands, or attempts to induce a
 26-3    minor or another whom the person believes to be a minor to engage
 26-4    in specific conduct that, under the circumstances surrounding the
 26-5    actor's conduct as the actor believes them to be, would constitute
 26-6    an offense under one of those sections or would make the minor or
 26-7    other believed by the person to be a minor a party to the
 26-8    commission of an offense under one of those sections.
 26-9          (c)  A person may not be convicted under this section on the
26-10    uncorroborated testimony of the minor allegedly solicited unless
26-11    the solicitation is made under circumstances strongly corroborative
26-12    of both the solicitation itself and the actor's intent that the
26-13    minor act on the solicitation.
26-14          (d) [(c)]  It is no defense to prosecution under this section
26-15    that:
26-16                (1)  the minor solicited is not criminally responsible
26-17    for the offense solicited;
26-18                (2)  the minor solicited has been acquitted, has not
26-19    been prosecuted or convicted, has been convicted of a different
26-20    offense or of a different type or class of offense, or is immune
26-21    from prosecution;
26-22                (3)  the actor belongs to a class of persons that by
26-23    definition of the offense solicited is legally incapable of
26-24    committing the offense in an individual capacity; or
26-25                (4)  the offense solicited was actually committed.
26-26          (e) [(d)]  An offense under this section is one category
26-27    lower than the solicited offense.
 27-1          (f) [(e)]  In this section, "minor" means an individual
 27-2    younger than 17 years of age.
 27-3          (b)  Section 43.25(a)(2), Penal Code, is amended to read as
 27-4    follows:
 27-5                (2)  "Sexual conduct" means actual or simulated sexual
 27-6    intercourse, deviate sexual intercourse, sexual bestiality,
 27-7    masturbation, sado-masochistic abuse, or lewd exhibition of the
 27-8    genitals, the anus, or any portion of the female breast below the
 27-9    top of the areola.
27-10          (c)  Section 43.26(g), Penal Code, is amended to read as
27-11    follows:
27-12          (g)  An offense under Subsection (e) is a felony of the
27-13    second [third] degree.
27-14          (d)  The change in law made by this section applies only to
27-15    an offense committed on or after the effective date of this Act.
27-16    For purposes of this subsection, an offense is committed before the
27-17    effective date of this Act if any element of the offense occurs
27-18    before that date.  An offense committed before the effective date
27-19    of this Act is covered by the law in effect when the offense was
27-20    committed, and the former law is continued in effect for that
27-21    purpose.
27-22          SECTION 23.  Section 21.11(b), Penal Code, is amended to read
27-23    as follows:
27-24          (b)  It is an affirmative defense to prosecution under this
27-25    section that the actor:
27-26                (1)  was not more than three years older than the
27-27    victim and of the opposite sex; [and]
 28-1                (2)  did not use duress, force, or a threat against the
 28-2    victim at the time of the offense; and
 28-3                (3)  at the time of the offense:
 28-4                      (A)  was not required under Chapter 62, Code of
 28-5    Criminal Procedure, as added by Chapter 668, Acts of the 75th
 28-6    Legislature, Regular Session, 1997, to register for life as a sex
 28-7    offender; or
 28-8                      (B)  was not a person who under Chapter 62 had a
 28-9    reportable conviction or adjudication for an offense under this
28-10    section.
28-11          SECTION 24.  Section 22.011(e), Penal Code, is amended to
28-12    read as follows:
28-13          (e)  It is an affirmative defense to prosecution under
28-14    Subsection (a)(2) that:
28-15                (1)  the actor was not more than three years older than
28-16    the victim and at the time of the offense:
28-17                      (A)  was not required under Chapter 62, Code of
28-18    Criminal Procedure, as added by Chapter 668, Acts of the 75th
28-19    Legislature, Regular Session, 1997, to register for life as a sex
28-20    offender; or
28-21                      (B)  was not a person who under Chapter 62 had a
28-22    reportable conviction or adjudication for an offense under this
28-23    section; and
28-24                (2)  [, and] the victim was a child of 14 years of age
28-25    or older.
28-26          SECTION 25.  Article 62.12(c), Code of Criminal Procedure,
28-27    is repealed.
 29-1          SECTION 26.  Section 11(a), Chapter 668, Acts of the 75th
 29-2    Legislature, Regular Session, 1997, is amended to read as follows:
 29-3          (a)  The change in law made by this Act to Article 62.11,
 29-4    Code of Criminal Procedure, as redesignated and amended by this Act
 29-5    (formerly Subsection (a), Section 8, Article 6252-13c.1, Revised
 29-6    Statutes), applies only to a defendant who, with respect to an
 29-7    offense listed in Subdivision (5), Article 62.01, Code of Criminal
 29-8    Procedure, as redesignated and amended by this Act (formerly
 29-9    Subdivision (5), Section 1, Article 6252-13c.1, Revised Statutes),
29-10    on or after September 1, 1997 [the effective date of this Act]:
29-11                (1)  is confined in a penal institution, as that term
29-12    is defined by Subdivision (3), Article 62.01, Code of Criminal
29-13    Procedure, as redesignated and amended by this Act (formerly
29-14    Subdivision (3), Section 1, Article 6252-13c.1, Revised Statutes);
29-15    or
29-16                (2)  is under the supervision and control of a juvenile
29-17    probation office or an agency or entity operating under contract
29-18    with a juvenile probation office, the Texas Youth Commission, a
29-19    community supervision and corrections department, or the pardons
29-20    and paroles division of the Texas Department of Criminal Justice.
29-21          SECTION 27.  (a)  The change in law made by this Act
29-22    requiring registration under Chapter 62, Code of Criminal
29-23    Procedure, as added by Chapter 668, Acts of the 75th Legislature,
29-24    Regular Session, 1997, and as amended by this Act, for individuals
29-25    charged with unlawful restraint, kidnapping, or aggravated
29-26    kidnapping, or attempt, solicitation, or conspiracy to commit one
29-27    of those offenses, applies only to an individual for whom deferred
 30-1    adjudication in the case is entered or a trial or disposition
 30-2    hearing for the offense or conduct is commenced on or after the
 30-3    effective date of this Act, regardless of when the offense was
 30-4    committed or the conduct occurred.
 30-5          (b)  An individual for whom a deferred adjudication is
 30-6    entered or a trial or disposition hearing has commenced before the
 30-7    effective date of this Act is covered by the law in effect when the
 30-8    deferred adjudication was entered or when the trial or disposition
 30-9    hearing commenced, and the former law is continued in effect for
30-10    that purpose.
30-11          SECTION 28.  The changes in law made by this Act to Article
30-12    62.01(5) and Article 62.03(d), Code of Criminal Procedure, apply to
30-13    juvenile offenders adjudicated as having engaged in delinquent
30-14    conduct before, on, or after the effective date of this Act,
30-15    regardless of when the conduct occurred.
30-16          SECTION 29.  The change in law made by this Act to Articles
30-17    62.06(a) and (b), Code of Criminal Procedure, relating to persons
30-18    required to report to local law enforcement not less than once in
30-19    each 90-day period, applies only to a defendant who, on or after
30-20    the effective date of this Act:
30-21                (1)  is confined in a penal institution, as that term
30-22    is defined by Article 62.01(3), Code of Criminal Procedure; or
30-23                (2)  is under the supervision and control of a juvenile
30-24    probation office or an agency or entity operating under contract
30-25    with a juvenile probation office, the Texas Youth Commission, a
30-26    community supervision and corrections department, or the pardons
30-27    and paroles division of the Texas Department of Criminal Justice.
 31-1          SECTION 30.  (a)  To accomplish the change in law made by
 31-2    this Act to Articles 62.06(a) and (b), Code of Criminal Procedure,
 31-3    relating to persons required to report to local law enforcement
 31-4    once in each year, the local law enforcement authority with whom a
 31-5    person verifies registration by reporting to the authority not
 31-6    earlier than the 30th day before and not later than the 30th day
 31-7    after the anniversary of the date on which the person first
 31-8    registered with the authority shall inform the person that on the
 31-9    next occasion and each succeeding occasion on which the person
31-10    verifies registration the person must comply with Articles 62.06(a)
31-11    and (b), Code of Criminal Procedure, as amended by this Act.
31-12          (b)  The change in law to which this section applies does not
31-13    affect the validity of any action taken by a person to verify
31-14    registration before the person is provided an opportunity to be
31-15    informed of the change in law made by this Act as required by this
31-16    section.
31-17          SECTION 31.  The change in law made by this Act to Section
31-18    58.007, Family Code, applies only to records and files created or
31-19    maintained under Chapter 62, Code of Criminal Procedure, as added
31-20    by Chapter 668, Acts of the 75th Legislature, Regular Session,
31-21    1997, on or after September 1, 1995.
31-22          SECTION 32.  The Texas Department of Public Safety shall
31-23    implement the system described by Section 411.135, Government Code,
31-24    as amended by this Act, not later than January 1, 2000.
31-25          SECTION 33.  Except as otherwise provided, this Act takes
31-26    effect September 1, 1999.
31-27          SECTION 34.  The importance of this legislation and the
 32-1    crowded condition of the calendars in both houses create an
 32-2    emergency and an imperative public necessity that the
 32-3    constitutional rule requiring bills to be read on three several
 32-4    days in each house be suspended, and this rule is hereby suspended.
         _______________________________     _______________________________
             President of the Senate              Speaker of the House
               I certify that H.B. No. 2145 was passed by the House on May
         8, 1999, by a non-record vote; that the House refused to concur in
         Senate amendments to H.B. No. 2145 on May 26, 1999, and requested
         the appointment of a conference committee to consider the
         differences between the two houses; and that the House adopted the
         conference committee report on H.B. No. 2145 on May 29, 1999, by a
         non-record vote.
                                             _______________________________
                                                 Chief Clerk of the House
               I certify that H.B. No. 2145 was passed by the Senate, with
         amendments, on May 21, 1999, by a viva-voce vote; at the request of
         the House, the Senate appointed a conference committee to consider
         the differences between the two houses; and that the Senate adopted
         the conference committee report on H.B. No. 2145 on May 29, 1999,
         by a viva-voce vote.
                                             _______________________________
                                                 Secretary of the Senate
         APPROVED:  _____________________
                            Date
                    _____________________
                          Governor