HBA-NIK H.B. 2145 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 2145 By: Allen Public Safety 3/25/1999 Introduced BACKGROUND AND PURPOSE Currently, information about the 15,500 registered sex offenders in Texas is available through the police and sheriff's department as well as on the Internet. This database is made possible through the mandatory sex offender registration law. The information available electronically includes the name, age, zip code, and shoe size of the sex offender and is updated at least twice a week. What is not currently available is the sex offender's photo, specific street address, telephone number, and social security and driver's license number. H.B. 2145 relates to persons subject to sex offender registration requirements and to the conditions for supervised release of those persons. These amendments to the Code of Criminal Procedure add requirements to the current law in order to modify and update the sex offender registration process and database. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that rulemaking authority is expressly delegated to the Texas Youth Commission in SECTION 15 (Section 411.155, Government Code) of this bill. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 11(e), Article 42.12, Code of Criminal Procedure, to delete the registration as a condition of community supervision, and instead require as a condition of community supervision that the defendant register as a sex offender under Chapter 62 (Missing Children and Missing Persons), and submit a blood sample or other specimen to the Department of Public Safety (DPS) under Subchapter G (DNA Database System Department of Public Safety of the State of Texas), Chapter 411, Government Code, for the purpose of creating a DNA record of the defendant. SECTION 2. Amends Section 19, Article 42.12, Code of Criminal Procedure, by adding Subsection (h), to require the judge, if the judge places a person required to register as a sex offender on community supervision, to require, as a condition of community supervision, that the person pay to the person's supervising officer, in addition to the fee required by Subsection (g), in an amount set under Section 411.145(c) (Fees), Government Code, to cover the cost of obtaining and analyzing a blood sample or other specimen (sample). Requires a community supervision and corrections department to remit fees collected under this subsection to the DPS. Provides the provisions under which the person registered as a sex offender qualifies for an affirmative defense to revocation. SECTION 3. Amends Section 22, Article 42.12, code of Criminal Procedure, to require a judge who continues or modifies community supervision under this section for a defendant required to register as a sex offender to require the defendant to submit a sample to DPS for the purpose of creating a DNA record of the defendant, and to pay to the person's supervising officer a fee to cover the cost of obtaining and analyzing the sample. SECTION 4. Amends Article 62.01(5), Code of Criminal Procedure, to include in the definition "reportable conviction or adjudication" an adjudication of delinquent conduct under the laws of another state or federal law (laws) based on a violation of an offense containing elements that are substantially similar to the elements of a specified offense, and also include in the definition the second adjudication of delinquent conduct under laws based on a violation of an offense containing elements that are substantially similar to the elements of the offense of indecent exposure. " SECTION 5. Amends Article 62.03(d) and (f), Code of Criminal Procedure, as follows: (d) Requires a public or private vendor operating under contract with the Texas Youth Commission, or a local juvenile probation department, the commission, vendor, or probation department to conduct the prerelease notification and registration requirements specified in this article on the date the person is placed under the supervision of the commission, vendor, or probation department, if a person who has a reportable adjudication of delinquent conduct described by Article 62.01(5)(J) or (L) is, as permitted by Section 60.002 (Execution of Interstate Compact), Family Code, placed under the supervision of the Texas Youth Commission. Requires the division or community supervision and corrections department to conduct the prerelease requirements specified in this article on the date the person is placed under supervision, if a person with a reportable conviction, rather than a reportable conviction for an offense, described by Article 62.01(5)I or (K), rather than (J), is placed under the supervision of the pardons and paroles and paroles division of the Texas Department of Criminal Justice (TDCJ) or a community supervision and corrections department. (f) Includes the person's full name, numeric street address or physical address, if a numeric street address is not available, and a recent photograph of the person, if available, in the information the local law enforcement authority is authorized to include in a newspaper. Makes conforming and nonsubstantive changes. SECTION 6. Amends Article 62.04(g), Code of Criminal Procedure, to make conforming and nonsubstantive changes. SECTION 7. Amends Article 62.06(a) and (b), Code of Criminal Procedure, as follows: (a) Requires a person subject to registration under this chapter who has for a sexually violent offense been convicted two or more times, received an order of deferred adjudication two or more times, or been convicted and received an order of deferred adjudication, rather than a person subject to registration under this chapter who has on two or more occasions been convicted of or received an order of deferred adjudication for a sexually violent offense, to report to the local law enforcement authority with whom the person is required to register at specified intervals. Provides specified provisions for which a person not subject to the 90-day reporting requirements under this subchapter must register no later than the 30th day after the anniversary of the person's date of birth, rather than the 30th day after the anniversary of the date on which the person first registered under this chapter. (b) Provides that if the person is required to report not less than once in each 90-day period under Subsection (a), rather than if the person has on two or more occasions been convicted of or received an order of deferred adjudication for a sexually violent offense, or if the person is to report once a year in the 30 days either before or after the anniversary of the person's date of birth, if the person is required to report once a year under Subsection (a), rather than the anniversary of the date on which the person first registered under this chapter, the local law enforcement authority is authorized to direct the person to report not less than once in each 90-day period following the date the person first registered under this chapter. SECTION 8. Amends Article 62.08(b), Code of Criminal Procedure, to delete the person's photograph and numeric street address from the information in the database not available for the public. SECTION 9. Amends Section 58.007(a), Family Code, to add that this section does not apply to a record or file relating to a child that is subject to disclosure under Chapter 62, Code of Criminal Procedure, as added by Chapter 668, Acts of the 75th Legislature, Regular Session, 1997. Makes conforming and nonsubstantive changes. SECTION 10. Amends Section 411.135(a), Government Code, to add that any information under Chapter 62, Code of Criminal Procedure, as added by Chapter 668, Acts of the 75th Legislature, Regular Session,1997, including, to the extent available, a recent photograph of each person subject to registration under that chapter, rather than any information under Section 5, Article 6252-13c.1, V.T.C.S., as information any person is entitled to obtain from the department. SECTION 11. Amends Section 411.145, Government Code, by adding Subsection (c), as follows: (c) Authorizes the director to set a fee to be collected by the supervising officer of a person required to submit a sample or other specimen under this subchapter as a sample or other specimen under this subchapter as a condition of community supervision, parole, or mandatory supervision. Requires the fee to be set by the director in an amount sufficient to cover the cost of obtaining and analyzing the sample. Requires a community supervision and corrections department to remit fees set under this subsection and collected under Article 42.12 (Community Supervision), Code of Criminal Procedure, to the department. SECTION 12. Amends Section 411.146(a), Government Code, to include Section 411.155, Government Code, among the sections that set provisions authorizing the director to accept a blood sample or other specimen taken in a medically approved manner. SECTION 13. Amends Section 411.148(a), Government Code, to provide that an offense for which the inmate is required to register as a sex offender, or any offense if the inmate has previously been convicted under Chapter 62, Code of Criminal Procedure, rather than an offense under one or more of the enumerated Penal Code provisions, is an offense requiring an inmate of the institutional division or other penal institution to provide one or more samples, if the inmate is ordered to do so by a court. SECTION 14. Amends Section 411.150(a), Government Code, include any offense, rather than a penal law, that the juvenile has violated, if the juvenile has previously been adjudicated as having been engaged in delinquent conduct that violates an offense for which the juvenile is required to register as a sex offender under Chapter 62, Code of Criminal Procedure, among those requiring the juvenile to provide one or more samples. Makes conforming changes. SECTION 15. Amends Subchapter G, Chapter 411, Government Code, by adding Section 411.155, as follows: Sec. 411.155. DNA RECORDS OF CERTAIN PERSONS SUBJECT TO SUPERVISION. Requires the commission, in cooperation with Texas Department of Criminal Justice, to adopt rules regarding the collection, preservation, and shipment of a sample of a person who is required to submit the sample as a condition of release on community supervision, parole, or mandatory supervision. SECTION 16. Amends Sections 508.186(a) and (b), Government Code, to include the submission of a blood sample or other specimen to the Department of Public Safety under Subchapter G, Chapter 411, for the purpose of creating a DNA record of the releasee, and an additional amount set under Section 411.145(c) to cover the cost of obtaining and analyzing a sample under Subchapter G, Chapter 411 among the requirements of parole or mandatory supervision of a releasee required to register as a sex offender. Requires that an amount collected under Subsection (a)(3)(A), rather than this section, be remitted to the applicable local government law enforcement authority, and an amount collected under Subsection (a)(3)(B) be remitted to DPS. SECTION 17. Amends Section 508.283, Government Code, by adding Subsection (e), as follows: (e) Requires the parole panel to require, under specified provisions and as additional conditions of release on parole or to mandatory supervision that the person submit a blood sample or other specimen to DPS to create a DNA record of the person, and pay a fee in a set amount to the person's supervising officer to cover the cost of obtaining and analyzing the sample or specimen. SECTION 18. Amends Section 11(a), Chapter 668, Acts of the 75th Legislature, Regular Session, 1997, to establish September 1, 1997, rather than the effective date of this Act, as the date from which this change in law applies to a defendant. Includes the TYC among the entities contracting with another entity having supervision and control of a defendant. SECTION 19. Repealer: Section 62.12(c) Code of Criminal Procedure, which exempts a person registered under this chapter from registering in a county where the person resides if it is determined that the person no longer poses a threat to the community. SECTION 20. (A) Provides that in accordance with Section 311.031(c), Government Code, which gives effect to a substantive amendment enacted by the same legislature that codifies the amended statute, the text of Section 508.186(a), Government Code, as set out in this Act, gives effect to changes made by Section 6, Chapter 668, Acts of the 75th Legislature, Regular Section, 1997. (b) Provides that, to the extent of any conflict, this Act prevails over another Act of the 76 Legislature, Regular Session, 199, relating to nonsubstantive additions and corrections in enacted codes. SECTION 21. Requires the Public Safety Commission, in cooperation with TDCJ, to adopt the rules required by Section 411.155, Government Code, as added by this Act, not later than January 1, 2000. SECTION 22. Makes application of Sections 11(e) and 19, Article 42.12 Code of Criminal Procedure, prospective a defendant who is placed on community supervision on or after January 1, 2000. Makes application of Section 22, Article 42.12, Code of Criminal Procedures, prospective to a defendant whose placement on community supervision is continued or modified on or after January 1, 2000. SECTION 23. Applies Section 62.01(5) and Section 62.03(d), Code of Criminal Procedure, to juvenile offenders adjudicated as having engaged in delinquent conduct, before, on or after the effective date of this act. SECTION 24. Makes application of Sections 62.06(a) and (b), Code of Criminal Procedure, prospective to a defendant who is confined in a penal institution, as that term is defined by Article 62.01(3), Code of Criminal Procedure, or is under the supervision and control of a juvenile probation office or an agency or entity operating under contract with a juvenile probation office, the TYC, a community supervision and corrections department, or the pardons and paroles division of TDCJ. SECTION 25. Requires the local law enforcement authority, with whom a person verifies registration by reporting to the authority not earlier than the 30th day before and not later than the 30th day after the anniversary of the date on which the person first registered with the authority to inform the person that the next occasion and each succeeding occasion on which the person verifies registration, the person must comply with Sections 62.06(a) and (b), Code of Criminal Procedure, as amended by this Act. Provides that the change in law to which this section applies does not affect the validity of any action taken by a person to verify registration before the person is provided an opportunity to be informed of the change in law made by this Act as required by this section. SECTION 26. Applies Section 58.007, Family Code, to records and files created or maintained under Chapter 62, Code of Criminal Procedure, as added by Chapter 668, Acts of the 75th Legislature, Regular Session, 1997, on or after September 1, 1995. SECTION 27. Makes application of Sections 411.148(a) and 411.150(a), Government Code, prospective to a defendant who on or after January 1, 2000, is confined in a penal institution, or is under the supervision and control of a juvenile probation office or an agency or entity operating under contract with a juvenile probation office, TYC, a community supervision and corrections department, or the pardons and paroles division of TDCJ. SECTION 28. (a) Applies Section 508.186, Government Code, to an inmate who is released on parole or to mandatory supervision on or after January 1, 2000, regardless of when the offense with respect to which the person is released was committed. (B) Applies Section 508.283, Government Code, to an inmate whose release on parole or mandatory supervision is continued or modified on or after January 1, 2000, regardless of when the offense with respect to which the inmate was released was committed. SECTION 29. Effective date: September 1, 1999. SECTION 30. Emergency clause.