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.