85R2693 LHC-D
 
  By: Uresti S.B. No. 1433
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to requiring registration as a sex offender of certain
  defendants convicted of the offense of continuous trafficking of
  persons.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Article 62.001(5), Code of Criminal Procedure,
  is amended to read as follows:
               (5)  "Reportable conviction or adjudication" means a
  conviction or adjudication, including an adjudication of
  delinquent conduct or a deferred adjudication, that, regardless of
  the pendency of an appeal, is a conviction for or an adjudication
  for or based on:
                     (A)  a violation of Section 21.02 (Continuous
  sexual abuse of young child or children), 21.11 (Indecency with a
  child), 22.011 (Sexual assault), 22.021 (Aggravated sexual
  assault), or 25.02 (Prohibited sexual conduct), Penal Code;
                     (B)  a violation of Section 43.05 (Compelling
  prostitution), 43.25 (Sexual performance by a child), or 43.26
  (Possession or promotion of child pornography), Penal Code;
                     (B-1)  a violation of Section 43.02
  (Prostitution), Penal Code, if the offense is punishable under
  Subsection (c)(3) of that section;
                     (C)  a violation of Section 20.04(a)(4)
  (Aggravated kidnapping), Penal Code, if the actor committed the
  offense or engaged in the conduct with intent to violate or abuse
  the victim sexually;
                     (D)  a violation of Section 30.02 (Burglary),
  Penal Code, if the offense or conduct is punishable under
  Subsection (d) of that section and the actor committed the offense
  or engaged in the conduct with intent to commit a felony listed in
  Paragraph (A) or (C);
                     (E)  a violation of Section 20.02 (Unlawful
  restraint), 20.03 (Kidnapping), or 20.04 (Aggravated kidnapping),
  Penal Code, if, as applicable:
                           (i)  the judgment in the case contains an
  affirmative finding under Article 42.015; or
                           (ii)  the order in the hearing or the papers
  in the case contain an affirmative finding that the victim or
  intended victim was younger than 17 years of age;
                     (F)  the second violation of Section 21.08
  (Indecent exposure), Penal Code, but not if the second violation
  results in a deferred adjudication;
                     (G)  an attempt, conspiracy, or solicitation, as
  defined by Chapter 15, Penal Code, to commit an offense or engage in
  conduct listed in Paragraph (A), (B), (C), (D), (E), or (K);
                     (H)  a violation of the laws of another state,
  federal law, the laws of a foreign country, or the Uniform Code of
  Military Justice for or based on the violation of an offense
  containing elements that are substantially similar to the elements
  of an offense listed under Paragraph (A), (B), (B-1), (C), (D), (E),
  (G), (J), or (K), but not if the violation results in a deferred
  adjudication;
                     (I)  the second violation of the laws of another
  state, federal law, the laws of a foreign country, or the Uniform
  Code of Military Justice for or based on the violation of an offense
  containing elements that are substantially similar to the elements
  of the offense of indecent exposure, but not if the second violation
  results in a deferred adjudication;
                     (J)  a violation of Section 33.021 (Online
  solicitation of a minor), Penal Code; [or]
                     (K)  a violation of Section 20A.02(a)(3), (4),
  (7), or (8) (Trafficking of persons), Penal Code; or
                     (L)  a violation of Section 20A.03 (Continuous
  trafficking of persons), Penal Code, if the offense is based on
  conduct that constitutes an offense under Section 20A.02(a)(3),
  (4), (7), or (8) of that code.
         SECTION 2.  Article 62.101(a), Code of Criminal Procedure,
  is amended to read as follows:
         (a)  Except as provided by Subsection (b) and Subchapter I,
  the duty to register for a person ends when the person dies if the
  person has a reportable conviction or adjudication, other than an
  adjudication of delinquent conduct, for:
               (1)  a sexually violent offense;
               (2)  an offense under Section 20A.02(a)(3), (4), (7),
  or (8), 25.02, 43.05(a)(2), or 43.26, Penal Code;
               (3)  an offense under Section 20A.03, Penal Code, if
  based on conduct that constitutes an offense under Section
  20A.02(a)(3), (4), (7), or (8) of that code;
               (4)  an offense under Section 21.11(a)(2), Penal Code,
  if before or after the person is convicted or adjudicated for the
  offense under Section 21.11(a)(2), Penal Code, the person receives
  or has received another reportable conviction or adjudication,
  other than an adjudication of delinquent conduct, for an offense or
  conduct that requires registration under this chapter;
               (5) [(4)]  an offense under Section 20.02, 20.03, or
  20.04, Penal Code, if:
                     (A)  the judgment in the case contains an
  affirmative finding under Article 42.015 or, for a deferred
  adjudication, the papers in the case contain an affirmative finding
  that the victim or intended victim was younger than 17 years of age;
  and
                     (B)  before or after the person is convicted or
  adjudicated for the offense under Section 20.02, 20.03, or 20.04,
  Penal Code, the person receives or has received another reportable
  conviction or adjudication, other than an adjudication of
  delinquent conduct, for an offense or conduct that requires
  registration under this chapter; or
               (6) [(5)]  an offense under Section 43.23, Penal Code,
  that is punishable under Subsection (h) of that section.
         SECTION 3.  Articles 62.001 and 62.101, Code of Criminal
  Procedure, as amended by this Act, apply only to an offense
  committed on or after the effective date of this Act.  An offense
  committed before the effective date of this Act is governed by the
  law in effect on the date the offense was committed, and the former
  law is continued in effect for that purpose.  For purposes of this
  section, an offense was committed before the effective date of this
  Act if any element of the offense occurred before that date.
         SECTION 4.  This Act takes effect September 1, 2017.