HBA-DMD S.B. 399 76(R)    BILL ANALYSIS


Office of House Bill AnalysisS.B. 399
By: Shapiro
Public Safety
4/22/1999
Engrossed


BACKGROUND AND PURPOSE 

Currently, certain sex offenders in Texas are not required to register with
any local law enforcement authority after the offender's conviction.
Federal law under the Jacob Wetterling Crimes Against Children and the
Sexually Violent Offender Registration Act of 1994 compels a state to meet
certain requirements regarding registration and dissemination of public
information about sex offenders. Texas has not complied with federal law
and, thus, has been ineligible for approximately $3.2 million in federal
funds for drug investigation and interdiction.  Continued noncompliance
will also eventually place Texas' sex offender registration under the
jurisdiction of the Federal Bureau of Investigation. By adding kidnapping
of a minor to the list of reportable offenses, requiring registration by
certain federal convicts, and requiring registration by out-of-state
offenders working or studying in the state, S.B. 399 would bring Texas law
in compliance with federal law and would require an offender to register
with a local law enforcement authority. 

S.B. 399  requires a judge to make an affirmative finding of fact and enter
the affirmative finding in the judgment of a case, regarding unlawful
restraint, kidnapping, and aggravated kidnapping if the victim or intended
victim was younger than 17 years of age at the time of the offense. This
bill requires a person who has a reportable conviction or adjudication in
another state that has a registration requirement for sex offenders, who
resides in this state and who is employed, carries on a vocation, or is a
student in another state, to register with an established law enforcement
authority in another state, by a certain date. This bill also requires a
penal institution official to inform an inmate prior to the inmate's
release from that institution, of the requirement for the inmate to
register with a local law enforcement authority within a specified amount
of time, if the person intends to reside, work, or attend school in another
state. It subjects a person with a reportable conviction or adjudication,
who resides in another state, and is employed, carries on a vocation, or is
a student in this state to certain registration and verification
requirements. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Article 42.01, Code of Criminal Procedure, by adding
Section 7, as follows: 

Sec. 7. Provides that the judgment, in addition to the information
described by Section 1, should reflect affirmative findings entered under
Article 42.015. 

SECTION 2.  Amends Chapter 42, Code of Criminal Procedure, by adding
Article 42.015, as follows: 

Art. 42.015. FINDING OF AGE OF VICTIM. Requires a judge to make an
affirmative finding of fact and enter the affirmative finding in the
judgment of a case, regarding certain offenses under Sections 20.02
(Unlawful Restraint), 20.03 (Kidnapping), or 20.04 (Aggravated Kidnapping),
Penal Code, if the victim or intended victim was younger than 17 years of
age at the time of the offense. 

SECTION 3.  Amends Section 5, Article 42.12, Code of Criminal Procedure, by
adding Subsection  (e), to require a judge who places on community
supervision under this section a defendant charged with certain offenses
under Sections 20.02, 20.03, or 20.04, Penal Code, or an attempt,
conspiracy, or solicitation to commit one of those offenses, to make an
affirmative finding of fact and file a statement of that finding with the
papers in the case, if the victim or intended victim was younger than 17
years of age.   

SECTION 4.  Amends Article 62.01, Code of Criminal Procedure, by amending
Subdivisions (5) and (6) and by adding Subdivision (7), to define
"residence" and to modify the definitions of "reportable conviction or
adjudication" and "sexually violent offense."  Makes conforming changes.  

SECTION 5.  Amends Article 62.02, Code of Criminal Procedure, as added by
Chapter 668, Acts of the 75th Legislature, Regular Session, 1997, by adding
Subsection (g), to require a person who has a reportable conviction or
adjudication in another state that has a registration requirement for sex
offenders, who resides in this state and who is employed, carries on a
vocation, or is a student in another state, to register with an established
law enforcement authority in another state, by a certain date. 

SECTION 6.  Amends Article 62.03(d), Code of Criminal Procedure, to make
conforming changes.  
SECTION 7.  Amends Article 62.03, Code of Criminal Procedure, by adding
Subsection (h), to require a penal institution official to inform an inmate
subject to registration, prior to the inmate's release from that
institution, of the requirement for the inmate to register with a local law
enforcement authority within a specified amount of time, if the person
intends to reside, work, or attend school in another state. 

SECTION 8.  Amends Chapter 62, Code of Criminal Procedure, by adding
Articles 62.011 and 62.061, as follows:  

Art. 62.011. WORKERS OR STUDENTS. Sets forth conditions under which a
person is employed, carries on a vocation, or is a student for purposes of
this chapter. 

Art. 62.061. REGISTRATION OF CERTAIN WORKERS OR STUDENTS. (a) Provides that
a person is subject to this article and to the other articles of this
chapter if the person has a reportable conviction or adjudication; resides
in another state; and is employed, carries on a vocation, or is a student
in this state, except as otherwise provided.  

(b) Subjects a person described by Subsection (a) to the registration and
verification requirements of Articles 62.02 (Registration) and 62.06 (Law
Enforcement Verification of Registration Information), Code of Criminal
Procedure, and to the change of address requirements of Article 62.04
(Change of Address), Code of Criminal Procedure, except that the
registration and verification and the reporting of a change of address are
based on the municipality or county in which the person works or attends
school. Provides that the person is subject to the school notification
requirements of Articles 62.03 (Prerelease Notification) and 62.04, Code of
Criminal Procedure, except that notice provided to the superintendent and
any administrator is based on the public school district in which the
person works or attends school. 

(c) Provides that a person described by Subsection (a) is not subject to
Article 62.12 (Expiration of Duty to Register), Code of Criminal Procedure,
and the newspaper publication requirements of Articles 62.03 and 62.04,
Code of Criminal Procedure. 

(d) Provides that the duty to register for a person described by Subsection
(a) ends when the person no longer works or studies in this state, provides
notice of that fact to the local law enforcement authority in the
municipality or county in which the person works or attends school, and
receives notice of verification of that fact from the authority. Provides
that the authority must verify that the person no longer works or studies
in this state and must provide to the person notice of that verification
within a reasonable time. 

(e) Sets forth that this article does not apply to a person who has a
reportable conviction  or adjudication, who resides in another state, and
who is employed, carries on a vocation, or is a student in this state if
the person establishes another residence in this state to work or attend
school in this state, notwithstanding Subsection (a). Provides that the
person remains subject to the other articles of this chapter based on that
person's residence in this state.  

SECTION 9.  Amends Section 54.04, Family Code, by adding Subsection (q), to
require a judge who orders a disposition under this section to enter the
finding in the order, if there was an affirmative finding that the victim
was younger than 17 years of age at the time of the conduct. 

SECTION 10.Makes application of this Act prospective.

SECTION 11.Effective date: September 1, 1999.

SECTION 12.Emergency clause.